text
stringlengths 0
479k
| summary
stringlengths 1
35.4k
| provenance
stringlengths 41
999
| t5_text_token_count
int64 1
124k
| t5_summary_token_count
int64 2
10.2k
| contriever_cos
float64 0.03
1
| contriever_dot
float64 0.1
4.89
| reward
float64 -2.28
2.43
| density
float64 0
1.15k
| compression
float64 0
16.3k
| coverage
float64 0
1
|
|---|---|---|---|---|---|---|---|---|---|---|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sound Science for Endangered Species
Act Planning Act of 2001''.
SEC. 2. SOUND SCIENCE.
(a) Best Scientific and Commercial Data Available.--
(1) In general.--Section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532) is amended--
(A) by amending the section heading to read as
follows:
``SEC. 3. DEFINITIONS AND GENERAL PROVISIONS.'';
(B) by striking ``For the purposes of this Act--''
and inserting the following:
``(a) Definitions.--In this Act:''; and
(C) by adding at the end the following:
``(b) Use of Certain Data.--In any case in which the Secretary is
required by this Act to use the best scientific and commercial data
available, the Secretary, in evaluating comparable data, shall give
greater weight to scientific or commercial data that is empirical or
has been field-tested or peer-reviewed.''.
(2) Conforming amendment.--The table of contents in the
first section of the Endangered Species Act of 1973 (16 U.S.C.
prec. 1531) is amended by striking the item relating to section
3 and inserting the following:
``Sec. 3. Definitions and general provisions.''.
(b) Use of Sound Science in Listing.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding
at the end the following:
``(9) Establishment of criteria for scientific studies to
support listing.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall promulgate
regulations that establish criteria that must be met for
scientific and commercial data to be used as the basis of a
determination under this section that a species is an
endangered species or a threatened species.
``(10) Field data.--
``(A) Requirement.--The Secretary may not determine
that a species is an endangered species or a threatened
species unless the determination is supported by data
obtained by observation of the species in the field.
``(B) Data from landowners.--The Secretary shall--
``(i) accept and acknowledge receipt of
data regarding the status of a species that is
collected by an owner of land through
observation of the species on the land; and
``(ii) include the data in the rulemaking
record compiled for any determination that the
species is an endangered species or a
threatened species.''.
(c) Use of Sound Science in Recovery Planning.--Section 4(f) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding
at the end the following:
``(6)(A) The Secretary shall identify and publish in the Federal
Register with the notice of a proposed regulation pursuant to paragraph
(5)(A)(i) a description of additional scientific and commercial data
that would assist in the preparation of a recovery plan and--
``(i) invite any person to submit the data to the
Secretary; and
``(ii) describe the steps that the Secretary plans to take
for acquiring additional data.
``(B) Data identified and obtained under subparagraph (A)(i) shall
be considered by the recovery team and the Secretary in the preparation
of the recovery plan in accordance with section 5.''.
SEC. 3. PEER REVIEW.
Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is
amended by adding at the end the following:
``(j) Independent Scientific Review Requirements.--
``(1) Definitions.--In this subsection:
``(A) Action.--The term `action' means--
``(i) the determination that a species is
an endangered species or a threatened species
under subsection (a);
``(ii) the determination under subsection
(a) that an endangered species or a threatened
species be removed from any list published
under subsection (c)(1);
``(iii) the development of a recovery plan
for a threatened species or endangered species
under subsection (f); and
``(iv) the determination that a proposed
action is likely to jeopardize the continued
existence of a listed species and the proposal
of any reasonable and prudent alternatives by
the Secretary under section 7(b)(3).
``(B) Qualified individual.--The term `qualified
individual' means an individual with expertise in the
biological sciences--
``(i) who through publication of peer-
reviewed scientific literature or other means,
has demonstrated scientific expertise on the
species or a similar species or other
scientific expertise relevant to the decision
of the Secretary under subsection (a) or (f);
``(ii) who does not have, or represent any
person with, a conflict of interest with
respect to the determination that is the
subject of the review;
``(iii) who is not a participant in any
petition or proposed or final determination
before the Secretary; and
``(iv) who has no direct financial
interest, and is not employed by any person
with a direct financial interest, in opposing
the action under consideration.
``(2) List of independent scientific reviewers.--The
Secretary shall solicit recommendations from the National
Academy of Sciences and develop and maintain a list of
qualified reviewers to participate in independent scientific
review actions.
``(3) Appointment of independent scientific reviewers.--(A)
Before any action shall become final, the Secretary shall
appoint randomly, from among the list prepared in accordance
with this section, 3 qualified individuals who shall review and
report to the Secretary on the scientific information and
analyses on which the proposed action is based.
``(B) The selection and activities of the referees selected
pursuant to this section shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
``(C) Reviewers shall be compensated for conducting the
independent review.
``(4) Opinion of peer reviewers.--Independent reviewers
shall provide the Secretary, within 3 months, their opinion
regarding all relevant scientific information and assumptions
relating to the taxonomy, population models, and supportive
biological and ecological information for the species in
question.
``(5) Final determination.--If the referees have made a
recommendation on a proposed action, the Secretary shall
evaluate and consider the information that results from the
independent scientific review and include in the final
determination--
``(A) a summary of the results of the independent
scientific review; and
``(B) in a case in which the recommendation of a
majority of the referees who conducted the independent
scientific review is not followed, an explanation as to
why the recommendation was not followed.
``(6) Public notice.--The report of the peer reviewers
shall be included in the official record of the proposed action
and shall be available for public review prior to the close of
the comment period on the proposed action.''.
SEC. 4. IMPROVED RECOVERY PLANNING.
(a) Use of Information Provided by States.--Section 7(b)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by
adding at the end the following:
``(C) Use of state information.--In conducting a
consultation under subsection (a)(2), the Secretary
shall actively solicit and consider information from
the State agency in each affected State.''.
(b) Opportunity To Participate in Consultations.--Section 7(b)(1)
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as
amended by subsection (a)) is further amended by adding at the end the
following:
``(D) Opportunity to participate in
consultations.--
``(i) In general.--In conducting a
consultation under subsection (a)(2), the
Secretary shall provide any person who has
sought authorization or funding from a Federal
agency for an action that is the subject of the
consultation, the opportunity to--
``(I) before the development of a
draft biological opinion, submit and
discuss with the Secretary and the
Federal agency information relevant to
the effect of the proposed action on
the species and the availability of
reasonable and prudent alternatives (if
a jeopardy opinion is to be issued)
that the Federal agency and the person
can take to avoid violation of
subsection (a)(2);
``(II) receive information, on
request, subject to the exemptions
specified in section 552(b) of title 5,
United States Code, on the status of
the species, threats to the species,
and conservation measures, used by the
Secretary to develop the draft
biological opinion and the final
biological opinion, including the
associated incidental taking
statements; and
``(III) receive a copy of the draft
biological opinion from the Federal
agency and, before issuance of the
final biological opinion, submit
comments on the draft biological
opinion and discuss with the Secretary
and the Federal agency the basis for
any finding in the draft biological
opinion.
``(ii) Explanation.--If reasonable and
prudent alternatives are proposed by a person
under clause (i) and the Secretary does not
include the alternatives in the final
biological opinion, the Secretary shall explain
to the person why those alternatives were not
included in the opinion.
``(iii) Public access to information.--
Comments and other information submitted to, or
received from, any person (pursuant to clause
(i)) who seeks authorization or funding for an
action shall be maintained in a file for that
action by the Secretary and shall be made
available to the public (subject to the
exemptions specified in section 552(b) of title
5, United States Code).''. | Sound Science for Endangered Species Act Planning Act of 2001 - Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior to: (1) give greater weight to scientific and commercial data that is empirical or that has been field-tested or peer-reviewed in determining that a species is an endangered or threatened species; and (2) promulgate regulations that establish criteria for data to be used as the basis of such a determination.Prohibits the Secretary from determining that a species is endangered or threatened unless the determination is supported by data obtained by observation of the species in the field. Requires the Secretary to accept, acknowledge receipt of, and include in the rulemaking record of such a determination data collected by landowners through observation of the species on the land.Requires the Secretary to publish with the notice of a proposed regulation a description of additional scientific and commercial data that would assist in the preparation of a recovery plan, invite any person to submit such data, and describe the steps for acquiring additional data.Directs the Secretary: (1) to solicit recommendations from the National Academy of Sciences and develop a list of qualified reviewers to participate in independent scientific review actions; (2) before any proposed action becomes final, to appoint from such list three individuals who shall report on the scientific information and analyses on which such action is based; and (3) to include such report in the official record of the proposed action.Requires the Secretary, in consulting with each Federal agency and the affected States to insure that any agency action is not likely to jeopardize any endangered or threatened species or destroy the species' habitat, to: (1) consider information provided by such States; and (2) provide any person who has sought authorization or funding from a Federal agency for an action the opportunity to submit, discuss, and receive information relevant to the draft biological opinion. | {"src": "billsum_train", "title": "To amend the Endangered Species Act of 1973 to require the Secretary of the Interior to give greater weight to scientific or commercial data that is empirical or has been field-tested or peer-reviewed, and for other purposes."} | 2,203 | 403 | 0.629294 | 1.777003 | 0.904015 | 3.966942 | 5.528926 | 0.936639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building, Renovating, Improving, and
Constructing Kids' Schools Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to a 1999 issue brief prepared by the
National Center for Education Statistics, the average public
school in America is 42 years old, and school buildings begin
rapid deterioration after 40 years. In addition, 29 percent of
all public schools are in the oldest condition, meaning that
the schools were built before 1970 and have either never been
renovated or were renovated prior to 1980.
(2) According to reports issued by the General Accounting
Office (GAO) in 1995 and 1996, it would cost $112,000,000,000
to bring the Nation's schools into good overall condition, and
one-third of all public schools need extensive repair or
replacement.
(3) Many schools do not have the appropriate infrastructure
to support computers and other technologies that are necessary
to prepare students for the jobs of the 21st century.
(4) Without impeding on local control, the Federal
Government appropriately can assist State, regional, and local
entities in addressing school construction, renovation, and
repair needs by providing low-interest loans for purposes of
paying interest on related bonds and by supporting other State-
administered school construction programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Bond.--The term ``bond'' includes any obligation.
(2) Governor.--The term ``Governor'' includes the chief
executive officer of a State.
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given to such term by section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(4) Public school facility.--The term ``public school
facility'' shall not include--
(A) any stadium or other facility primarily used
for athletic contests or exhibitions, or other events
for which admission is charged to the general public;
or
(B) any facility that is not owned by a State or
local government or any agency or instrumentality of a
State or local government.
(5) Qualified school construction bond.--The term
``qualified school construction bond'' means any bond (or
portion of a bond) issued as part of an issue if--
(A) 95 percent or more of the proceeds attributable
to such bond (or portion) are to be used for the
construction, rehabilitation, or repair of a public
school facility or for the acquisition of land on which
such a facility is to be constructed with part of the
proceeds;
(B) the bond is issued by a State, regional, or
local entity, with bonding authority; and
(C) the issuer designates such bond (or portion)
for purposes of this section.
(6) Stabilization fund.--The term ``stabilization fund''
means the stabilization fund established under section 5302 of
title 31, United States Code.
(7) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau.
SEC. 4. LOANS FOR SCHOOL CONSTRUCTION BOND INTEREST PAYMENTS AND OTHER
SUPPORT.
(a) Loan Authority and Other Support.--
(1) Loans and state-administered programs.--
(A) In general.--Except as provided in subparagraph
(B), from funds made available to a State under section
5(b) the State, in consultation with the State
educational agency--
(i) shall use not less than 50 percent of
the funds to make loans to State, regional, or
local entities within the State to enable the
entities to make annual interest payments on
qualified school construction bonds that are
issued by the entities not later than December
31, 2004; and
(ii) may use not more than 50 percent of
the funds to support State revolving fund
programs or other State-administered programs
that assist State, regional, and local entities
within the State in paying for the cost of
construction, rehabilitation, repair, or
acquisition described in section 3(5)(A).
(B) States with restrictions.--If, on the date of
enactment of this Act, a State has in effect a law that
prohibits the State from making the loans described in
subparagraph (A)(i), the State, in consultation with
the State educational agency, may use the funds
described in subparagraph (A) to support the programs
described in subparagraph (A)(ii).
(2) Requests.--The Governor of each State desiring
assistance under this Act shall submit a request to the
Secretary of the Treasury at such time and in such manner as
the Secretary of the Treasury may require.
(3) Priority.--In selecting entities to receive funds under
paragraph (1) for projects involving construction,
rehabilitation, repair, or acquisition of land for schools, the
State shall give priority to entities with projects for schools
with greatest need, as determined by the State. In determining
the schools with greatest need, the State shall take into
consideration whether a school--
(A) is among the schools that have the greatest
numbers or percentages of children whose education
imposes a higher than average cost per child, such as--
(i) children living in areas with high
concentrations of low-income families;
(ii) children from low-income families; and
(iii) children living in sparsely populated
areas;
(B) has inadequate school facilities and a low
level of resources to meet the need for school
facilities;
(C) is located in an area experiencing high
population growth; or
(D) meets such criteria as the State may determine
to be appropriate.
(b) Repayment.--
(1) In general.--Subject to paragraph (2), a State that
uses funds made available under section 5(b) to make a loan or
support a State-administered program under subsection (a)(1)
shall repay to the stabilization fund the amount of the loan or
support, plus interest, at an annual rate of 4.5 percent. A
State shall not be required to begin making such repayment
until the year immediately following the 15th year for which
the State is eligible to receive annual distributions from the
fund (which shall be the final year for which the State shall
be eligible for such a distribution under this Act). The amount
of such loan or support shall be fully repaid during the 10-
year period beginning on the expiration of the eligibility of
the State under this Act.
(2) Exceptions.--
(A) In general.--The interest on the amount made
available to a State under section 5(b) shall not
accrue, prior to January 1, 2007, unless the amount
appropriated to carry out part B of the Individuals
with Disabilities Education Act (20 U.S.C. 1411 et
seq.) for any fiscal year prior to fiscal year 2007 is
sufficient to fully fund such part for the fiscal year
at the originally promised level, which promised level
would provide to each State 40 percent of the average
per-pupil expenditure for providing special education
and related services for each child with a disability
in the State.
(B) Applicable interest rate.--Effective January 1,
2007, the applicable interest rate that will apply to
an amount made available to a State under section 5(b)
shall be--
(i) 0 percent with respect to years in
which the amount appropriated to carry out part
B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.) is not
sufficient to provide to each State at least 20
percent of the average per-pupil expenditure
for providing special education and related
services for each child with a disability in the State;
(ii) 2.5 percent with respect to years in
which the amount described in clause (i) is not
sufficient to provide to each State at least 30
percent of such average per-pupil expenditure;
(iii) 3.5 percent with respect to years in
which the amount described in clause (i) is not
sufficient to provide to each State at least 40
percent of such average per-pupil expenditure;
and
(iv) 4.5 percent with respect to years in
which the amount described in clause (i) is
sufficient to provide to each State at least 40
percent of such average per-pupil expenditure.
(c) Federal Responsibilities.--The Secretary of the Treasury and
the Secretary of Education--
(1) jointly shall be responsible for ensuring that funds
provided under this Act are properly distributed;
(2) shall ensure that funds provided under this Act are
used only to pay for--
(A) the interest on qualified school construction
bonds; or
(B) a cost described in subsection (a)(1)(A)(ii);
and
(3) shall not have authority to approve or disapprove
school construction plans assisted pursuant to this Act, except
to ensure that funds made available under this Act are used
only to supplement, and not supplant, the amount of school
construction, rehabilitation, and repair, and acquisition of
land for school facilities, in the State that would have
occurred in the absence of such funds.
SEC. 5. AMOUNTS AVAILABLE TO EACH STATE.
(a) Reservation for Indians.--
(1) In general.--From $20,000,000,000 of the funds in the
stabilization fund, the Secretary of the Treasury shall make
available $400,000,000 to provide assistance to Indian tribes.
(2) Use of funds.--An Indian tribe that receives assistance
under paragraph (1)--
(A) shall use not less than 50 percent of the
assistance for a loan to enable the Indian tribe to
make annual interest payments on qualified school
construction bonds, in accordance with the requirements
of this Act that the Secretary of the Treasury
determines to be appropriate; and
(B) may use not more than 50 percent of the
assistance to support tribal revolving fund programs or
other tribal-administered programs that assist tribal
governments in paying for the cost of construction,
rehabilitation, repair, or acquisition described in
section 3(5)(A), in accordance with the requirements of
this Act that the Secretary of the Treasury determines
to be appropriate.
(b) Amounts Available.--
(1) In general.--Subject to paragraph (3) and from
$20,000,000,000 of the funds in the stabilization fund that are
not reserved under subsection (a), the Secretary of the
Treasury shall make available to each State submitting a
request under section 4(a)(2) an amount that bears the same
relation to such remainder as the amount the State received
under part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) for fiscal year
2001 bears to the amount received by all States under such part
for such year.
(2) Disbursal.--The Secretary of the Treasury shall
disburse the amount made available to a State under paragraph
(1) or (3), on an annual basis, during the period beginning on
October 1, 2001, and ending September 30, 2018.
(c) Notification.--The Secretary of the Treasury and the Secretary
of Education jointly shall notify each State of the amount of funds the
State may receive for loans and other support under this Act. | Building, Renovating, Improving, and Constructing Kids' Schools Act - Directs the Secretary of the Treasury to make amounts in the Treasury stabilization fund available to States for loans for school construction bond interest payments and related support.Requires States to use at least 50 percent of such funds for loans to enable State, regional, or local entities to make annual interest payments on certain qualified school construction bonds they issue. Allows States to use up to 50 percent of such funds to support State revolving fund programs or other State-administered programs that assist such entities to pay for certain construction, rehabilitation, repair, or acquisition costs, with priority for projects for schools with the greatest need.Sets forth requirements for loan repayment and interest rate. Exempts a State from repayment and interest rate accrual before January 1, 2007, unless the amount appropriated to carry out assistance for education of all children with disabilities under the Individuals with Disabilities Education Act for any fiscal year before FY 2007 is sufficient to fully fund such assistance for the fiscal year at the originally promised level, which would provide to each State 40 percent of the average per-pupil expenditure for providing special education and related services for each child with a disability in the State.Directs the Secretaries of the Treasury and of Education to ensure that funds are used only to pay for the interest on qualified school construction bonds or for certain other costs. Denies the Secretaries authority to approve or disapprove school construction plans assisted under this Act, except to ensure that funds are used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair in the State that would have occurred in the absence of such funds. | {"src": "billsum_train", "title": "To provide States with funds to support State, regional, and local school construction."} | 2,477 | 359 | 0.480863 | 1.524251 | 0.81159 | 4.403125 | 7.328125 | 0.940625 |
SECTION 1. REPEAL OF LIMIT ON COORDINATED EXPENDITURES.
(a) In General.--Section 315 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a) is amended by striking subsection (d) and
inserting the following:
``(d) Political Parties.--
``(1) In general.--Notwithstanding any other provision of
law with respect to limitations on expenditures or limitations
on contributions, the national committee of a political party
and a State committee of a political party, including any
subordinate committee of a State committee, may make any amount
of expenditures in connection with the general election
campaign of a candidate.
``(2) Treatment of expenditures.--An expenditure made under
paragraph (1) shall not be treated as a contribution to or
expenditure made by the candidate, in connection with whom the
expenditure is made, for any purpose.''.
(b) Technical Amendment.--Section 315(c)(1) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(c)(1)) is amended by striking ``and
subsection (d)''.
SEC. 2. REPEAL OF PUBLIC FINANCING AND SPENDING LIMITS.
(a) Repeal of Public Financing and Spending Limits.--Section 6096
and chapters 95 and 96 of the Internal Revenue Code of 1986 are
repealed.
(b) Repeal of Presidential Limits.--Subsections (b) and (g) of
section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) are repealed.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997.
SEC. 3. CONTRIBUTION LIMITS FOR PRESIDENTIAL CANDIDATES.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) (as amended by section 2) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``No person'' and
inserting ``Except as provided in subsection (b), no
person'';
(B) in paragraph (2), by striking ``No
multicandidate'' and inserting ``Except as provided in
subsection (b), no multicandidate''; and
(C) in paragraph (3), by striking ``No individual''
and inserting ``Except as provided in subsection (b),
no individual''; and
(2) by inserting after subsection (a) the following:
``(b)(1) Notwithstanding the limitations on contributions and
expenditures in subsection (a), no person shall make a contribution to
a candidate for the office of the United States President or the
candidate's authorized political committees with respect to an election
for such office that, in the aggregate, exceeds $10,000.
``(2) For purposes of subsection (a)(3), a contribution made to a
candidate for the office of the United States President or the
candidate's authorized political committees shall not be considered to
be a contribution.''.
SEC. 4. MODIFICATION OF CONTRIBUTION LIMITS; INDEXING.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking
``$20,000'' and inserting ``$60,000''; and
(ii) in subparagraph (C), by striking
``$5,000'' and inserting ``$15,000'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``$15,000'' and inserting ``$45,000''; and
(ii) in subparagraph (C), by striking
``$5,000'' and inserting ``$15,000''; and
(C) in paragraph (3)--
(i) by striking ``contributions'' and
inserting ``contributions, as described in
subparagraphs (A) and (C) of paragraph (1),'';
(ii) by striking ``$25,000'' and inserting
``$75,000''; and
(iii) by striking the second sentence;
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking the second and third
sentences;
(ii) by inserting ``(A)'' before ``At the
beginning''; and
(iii) by adding at the end the following:
``(B) A limitation established by subsection (a) or (b) shall be
increased by the percent difference determined under subparagraph (A),
and the increased amount, if not a multiple of $1,000, shall be rounded
to the nearest multiple of $1,000.
``(C) Each amount increased under subparagraph (B) shall remain in
effect for the 2-year period beginning on the first day following the
date of the last general election in the year in which the amount is
increased and ending on the date of the next general election.''; and
(B) in paragraph (2)(B), by striking ``1974'' and
inserting ``1997''.
SEC. 5. CONFORMING AMENDMENTS.
(a) Internal Revenue Code of 1986.--Subtitle H of the Internal
Revenue Code of 1986 is amended in the table of chapters, by striking
the items relating to chapters 95 and 96 and inserting the following:
``95. [Repealed.]
``96. [Repealed.]''.
(b) Federal Election Campaign Act of 1971.--Title III of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is
amended--
(1) in section 301(1)(B), by inserting ``(not including a
national political party)'' after ``political party'';
(2) in each of the following provisions, by striking ``or
chapter 95 or chapter 96 of the Internal Revenue Code of
1954'': section 301(8)(B)(ix)(II) (2 U.S.C. 431(8)(B)(ix)(II)),
section 301(9)(B)(vii)(II) (2 U.S.C. 431(9)(B)(vii)(II)),
section 302(i) (2 U.S.C. 432(i)), section 309(a)(4)(B)(ii) (2
U.S.C. 437g(a)(4)(B)(ii)), and section 309(a)(6)(B) (2 U.S.C.
437g(a)(6)(B));
(3) in section 301(9)(B)(vi), by striking ``, except that
this clause'' and all that follows through ``section 304(b)'';
(4) in section 304(b)(2), by--
(A) adding ``and'' at the end of subparagraph (I);
(B) striking ``and'' at the end of subparagraph (J)
and inserting a period; and
(C) striking subparagraph (K);
(5) in section 304(b)(4)(I), by striking ``disbursements
not subject to the limitation of section 315(b)'' and inserting
``any disbursements'';
(6) in each of the following provisions, by striking ``and
chapter 95 and chapter 96 of the Internal Revenue Code of
1954'': section 306(b)(1) (2 U.S.C. 437c(b)(1)), section
307(a)(6) (2 U.S.C. 437d(a)(6)), and section 307(a)(8) (2
U.S.C. 437d(a)(8));
(7) in section 306(c), by striking ``or with chapter 95 or
chapter 96 of the Internal Revenue Code of 1954'';
(8) in section 308(a)(1), by striking ``, chapter 95 or
chapter 96 of the Internal Revenue Code of 1954,'';
(9) in section 308(b), by striking ``or in chapter 95 or
chapter 96 of the Internal Revenue Code of 1954'';
(10) in each of the following provisions, by striking ``or
by chapter 95 or chapter 96 of the Internal Revenue Code of
1954'': section 308(c)(2) (2 U.S.C. 437f(c)(2)) and section
311(e) (2 U.S.C. 438(e));
(11) in each of the following provisions, by striking ``or
of chapter 95 or chapter 96 of the Internal Revenue Code of
1954'': section 309(a)(1) (2 U.S.C. 437g(a)(1)), section
309(a)(4)(A)(i) (2 U.S.C. 437g(a)(4)(A)(i)), section
309(a)(5)(A) (2 U.S.C. 437g(a)(5)(A)), section 309(a)(5)(B) (2
U.S.C. 437g(a)(5)(B)), section 309(a)(6)(A) (2 U.S.C.
437g(a)(6)(A)), section 309(a)(6)(C) (2 U.S.C. 437g(a)(6)(C)),
section 309(d)(2) (2 U.S.C. 437g(d)(2)), and section 309(d)(3)
(2 U.S.C. 437g(d)(3));
(12) in section 309(a)(2), by striking ``of chapter 95 or
chapter 96 of the Internal Revenue Code of 1954'';
(13) in section 309(a)(5)(C), by striking ``or a knowing
and willful violation of chapter 95 or chapter 96 of the
Internal Revenue Code of 1954,'';
(14) in section 311(b), by striking the second sentence;
(15) in section 314 by striking ``, and under chapters 95
and 96 of the Internal Revenue Code of 1954,''; and
(16) in section 315(a)(5)--
(A) by striking ``offices; (ii) the limitations''
and inserting ``offices; and (ii) the limitations'';
and
(B) by striking ``; and (iii) the candidate has not
elected to receive any funds under chapter 95 or
chapter 96 of the Internal Revenue Code of 1954''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997. | Amends the Federal Election Campaign Act of 1971 (FECA) to repeal the limit on coordinated expenditures and replaces it with a requirement permitting national committees of political parties and State committees of political parties, including any subordinate committees of State committees, to make any amount of expenditures in connection with the general election campaigns of candidates. Prohibits treating such expenditures as contributions to or expenditures made by candidates.
Amends the Internal Revenue Code to repeal: (1) the provision permitting an individual to designate income tax payments to the Presidential Election Campaign Fund; (2) the Presidential Election Campaign Fund Act; and (3) the Presidential Primary Matching Payment Account Act.
Amends FECA to repeal the limits on expenditures made by presidential candidates. Prohibits: (1) persons from making contributions to presidential candidates or candidates' authorized committees that, in the aggregate, exceeds $10,000; and (2) considering such contributions as contributions for the purpose of applying the aggregate limit on contributions made by individuals.
Raises certain contribution limits.
Repeals the provision which considers individual contributions made in a year other than the year of the election to be made during the year of the election. | {"src": "billsum_train", "title": "A bill to amend Federal election laws to repeal the public financing of national political party conventions and Presidential elections and spending limits on Presidential election campaigns, to repeal the limits on coordinated expenditures by political parties, and for other purposes."} | 2,443 | 246 | 0.633539 | 1.699635 | 0.931561 | 2.127753 | 8.506608 | 0.814978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Access to Timely Medical
Appointments Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Secretary of Veterans Affairs is statutorily
obligated to provide eligible individuals who served in the
Armed Forces with access to health care and benefits provided
by the Department of Veterans Affairs related to such service.
(2) The Secretary has given the Department the goal of
scheduling a primary care medical appointment within seven days
of the date requested by the patient and or the provider and
scheduling a specialty care medical appointment within fourteen
days of the date requested by the patient and or the provider.
(3) The ability of the Secretary to accurately schedule and
provide timely access to medical appointments is critical to
ensure the health care needs of veterans are met and medical
conditions do not worsen because of delays in receiving medical
treatment.
(4) An audit by the Comptroller General of the United
States found that medical appointment wait times reported by
the Veterans Health Administration of the Department are
unreliable.
(5) The Comptroller General found that without reliable
measurement of how long patients are waiting for medical
appointments, the Secretary is not able to identify areas that
need improvement and therefore cannot mitigate problems that
contribute to wait times.
(6) The Comptroller General found that the unreliable data
and measures for wait times create a discrepancy between the
positive results the Department publishes and what veterans
actually experience.
(7) The Comptroller General found that the Veterans Health
Administration inconsistently implements its scheduling policy
across medical centers of the Department, which impedes
scheduling timely medical appointments.
(8) The Comptroller General found that oversight of
compliance with such scheduling policy, such as ensuring the
completion of required scheduler training, was inconsistent
across facilities.
(9) The Comptroller General found that the management by
the Secretary of telephone service, including lack of staff
dedicated to answering phones and unreturned phone calls,
impede veterans' access to timely medical appointments.
(10) Among the four medical centers of the Department
reviewed by the Comptroller General, patient complaints
regarding unreturned phone calls ranked among the top two
categories of complaints during fiscal year 2012.
(11) The Comptroller General found that in January 2012,
the Veterans Health Administration distributed best practices
for telephone access that, if implemented, could help improve
telephone access to clinical care.
(12) The Secretary is not meeting the statutory obligations
of the Secretary to provide veterans with timely access to
medical appointments so that such veterans can receive benefits
and health care by the Department in a timely manner.
SEC. 3. IMPROVEMENT OF MEDICAL APPOINTMENT SCHEDULING POLICY FOR
VETERANS.
(a) Standardized Scheduling Policy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall implement a standardized policy to ensure that a veteran
enrolled in the health care system established under section
1705(a) of title 38, United States Code, is able to schedule--
(A) primary care medical appointments within seven
days of the date requested by the veteran or the health
care provider on behalf of the veteran; and
(B) specialty care medical appointments within 14
days of the date requested by the veteran or the health
care provider on behalf of the veteran.
(2) Implementation.--In implementing the policy under
paragraph (1), the Secretary shall--
(A) ensure that such policy--
(i) will not be subject to interpretation
or prone to scheduler error; and
(ii) provides the Secretary with reliable
data regarding the length of time that veterans
are waiting for appointments described in
paragraph (1) that the Secretary can use to
accurately report the performance of the policy
as compared to the goals of the policy;
(B) ensure that the Veterans Health Administration
carries out uniform procedures with respect to such
policy;
(C) issue detailed guidance to the directors of the
Veterans Integrated Service Networks to ensure the
consistent implementation of such policy at each
medical center and other related facilities of the
Department;
(D) ensure that only employees of the Department
who have completed required training are allowed to
schedule medical appointments; and
(E) make public annual performance reports for each
Veterans Integrated Service Network with respect to
such policy.
(b) Resource Allocation.--
(1) Assessment.--Not later than 180 days after the date of
the enactment of this Act, and each 180-day period thereafter,
the Secretary shall assess the resources of each Veterans
Integrated Service Network to determine the ability of the
Network to meet the scheduling requirements described in
subsection (a)(1).
(2) Allocation.--The Secretary may reprogram funds and
allocate or transfer staff and other resources within the
Veterans Health Administration and the Veterans Integrated
Service Network to ensure that each Network meets the
scheduling requirements described in subsection (a)(1).
(3) Notification.--The Secretary shall notify Congress of
any reprogramming made pursuant to paragraph (2).
(c) Phone Access.--The Secretary shall direct each medical center
of the Department to provide oversight of telephone access and
implement the best practices outlined in the telephone systems
improvement guide of the Veterans Health Administration, including, at
a minimum, practices to ensure that--
(1) calls are answered in a timely manner and the messages
of patients will have a return call not later than 24 hours
after the patient leaves the message; and
(2) a call center at each such medical center is properly
staffed to meet the needs of the veteran population served by
the medical center.
(d) Inspector General Report.--The Inspector General of the
Department of Veterans Affairs, in consultation with veterans service
organizations, shall submit to Congress an annual report on the
progress of the Secretary of Veterans Affairs in implementing this Act.
Each such report shall include, for the time period covered by the
report, each of the following:
(1) An assessment of the reliability of data regarding the
wait times for appointments described in paragraph (1) of
subsection (a) as required by paragraph (2)(A)(ii) of such
subsection.
(2) An assessment of the extent to which the Secretary met
the telephone call timeframes as required by subsection (c).
(3) An assessment of the extent to which medical
appointments scheduled at Department medical facilities reflect
the date that the veteran (or health care provider on behalf of
the veteran) requests for such appoint.
(4) As assessment of the extent to which medical
appointments scheduled at Department medical facilities were
not changed within the scheduling system of the Veterans Health
Administration unless such changes were requested by the
veteran (or health care provider on behalf of the veteran). | Veterans Access to Timely Medical Appointments Act - Directs the Secretary of Veterans Affairs to implement a standardized policy to ensure that veterans enrolled in the Department of Veterans Affairs (VA) health care system are able to schedule: (1) primary care medical appointments within 7 days of the date requested, and (2) specialty care medical appointments within 14 days of the date requested. Directs the Secretary to: (1) ensure that such policy will provide reliable data regarding the length of time that veterans are waiting for such appointments, (2) issue detailed guidance to the directors of the Veterans Integrated Service Networks to ensure the consistent implementation of such policy, (3) ensure that only VA employees who have completed required training are allowed to schedule medical appointments, and (4) assess the resources of each Network every 180 days to determine the Network's ability to meet such scheduling requirements. Requires the Secretary to direct each VA medical center to provide oversight of telephone access and implement the best practices outlined in the VA telephone systems improvement guide, including practices to ensure that: (1) calls are answered in a timely manner and patient messages will have a return call within 24 hours, and (2) a call center at each such center is properly staffed to meet the needs of the veteran population served. Directs the Inspector General of the VA to submit an annual report on the Secretary's progress in implementing this Act. | {"src": "billsum_train", "title": "Veterans Access to Timely Medical Appointments Act"} | 1,405 | 283 | 0.633312 | 2.001476 | 0.7517 | 4.580292 | 5.09854 | 0.952555 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The United States District Court for the Western
District of Texas (in this Act referred to as the ``Western
District'') has jurisdiction over Federal criminal matters
involving a majority of the Texas-Mexico border region. United
States-Mexico border-related criminal activities pose an
enormous challenge to the Western District, where the caseload
involving border-related crimes has crowded the docket in
recent years. These challenges are confronted by the judiciary
at the John H. Wood, Jr. U.S. Courthouse, in San Antonio (in
this Act referred to as the ``Wood Courthouse''), a building
which was not designed to serve as a courthouse, is not
equipped with adequate security features, and has fallen into
disrepair to a degree that places human health and safety in
jeopardy.
(2) The Wood Courthouse was originally designed and
constructed to serve as a temporary pavilion for the 1968
World's Fair. Consistently one of the busiest courts in the
Nation, the courthouse has been remodeled several times over
the last 45 years to accommodate the ever increasing number of
judges and staff--expanding from an initial 2 United States
District Court Judges and a staffing level of 24, to the
current 7 judges and over 280 staff. The workload of the
Western District has grown significantly over the years, in
large part due to an increased number of criminal cases,
including those related to drug trafficking and gang activity
along the border region.
(3) The Wood Courthouse's inadequate security features lead
to judges, United States Marshals, judicial staff, and jurors
routinely facing defendants charged with violent crimes in
corridors, elevators, and entryways. The courthouse has no
security sally port. Judges, employees, and prisoners all use
the same entrance to access the courthouse.
(4) Other Wood Courthouse security-related concerns include
the following: The current building has inadequate vehicle
gates. Cell block doors and walls are not built to institution
standards. There is little to no fencing surrounding the
property, and nearly the complete circumference of the building
is easily accessible by foot. There are no barriers surrounding
the property. The facility's intrusion detection system fails
to meet minimum standards. Cooperating prisoners and other
prisoners or gang members in protective custody cannot be
adequately segregated. There is only one room available for
attorneys to meet with their clients--a room that is also used
by pretrial officers and probation officers for interviews.
Conversations can be overhead by others, including
conversations addressing becoming a cooperating witness in the
prosecution of others. The operations area for the deputy
marshals to conduct their work is insufficient and the control
room (providing audiovisual control of the building and
exterior) is both inadequate and contains obsolete equipment.
Judges, staff, and jurors very often encounter criminal
defendants in the corridors because of these serious security
lapses.
(5) Even if some of the problems identified above were
remedied, the 1968 theatre design of the building cannot be
reconfigured to address the security problems inherent in the
structure.
(6) Environmental contamination, as well as aging,
deteriorated drinking water facilities, pose urgent public
health concerns in the Wood Courthouse. Water sampling
conducted in the courthouse building in July and August 2015
found high levels of lead and bacteria in 9 of the building's
sources of drinking water, including 5 water fountains and 2
break room sinks. Health regulations classify lead
concentrations of more than 15 parts per billion as
unacceptable; the testing found levels ranging from 2 to 6
times higher than 15 parts per billion. An August 25, 2015,
water sampling revealed that 7 of 25 samples contained
unacceptable levels of lead. Two of the 25 samples tested
unacceptable for high levels of iron. Three of the 25 samples
tested unacceptable for high levels of bacteria. The Federal
Occupational Health office within the Department of Health and
Human Services has confirmed that 8 water fountains or faucets
test unacceptable because of high levels of lead, iron, or
both. Lead is highly toxic and can cause kidney and blood
pressure problems in adults. In children, lead can lead to
delays in physical and mental development. The source of
contamination in the Wood Courthouse is currently undetermined.
Tests indicate that drinking water piped into the Wood
Courthouse is not contaminated. Contamination could be related
to pipes within the building, or to pipes that connect to the
underground water main.
(7) The Wood Courthouse has serious HVAC deficiencies.
There are a total of 14 air handlers in the building. One of
the air handlers is broken and out of service. Two other air
handlers are original 1968 or 1975 equipment. They all are
rotten and leak. The thermostats that are supposed to
electronically control the building's HVAC system have not
worked for over 4 years. Louvers in the building are manually
adjusted to balance the air sent to the courtrooms or offices
which cause wild temperature fluctuations. In the crawl space
located below the courthouse, the pipes leak. When it rains,
water accumulates. The building's fresh air passes through the
crawl space and then flows into the building and the air is
impacted by the mold in the air handlers and duct systems.
Additionally, electrical wires in the crawl space are exposed
to the mold and water accumulation. There is no separate
prisoner elevator, separate prisoner circulation, and
concomitant secure air exhaust or germicidal systems. Any
prisoner with a communicable airborne disease can infect the
entire building.
(8) There is consensus among the Federal judicial and
executive branches, including the Administrative Office of the
United States Courts and the General Services Administration,
that the Wood Courthouse needs to be replaced by a new
courthouse to be constructed on available land to be conveyed
to the General Services Administration by the City of San
Antonio. The Wood Courthouse must be replaced with a modern
building to allow for justice to be properly served, and to
protect the safety and health of all those who are involved in
Federal judicial matters.
SEC. 2. EMERGENCY APPROPRIATIONS.
There is hereby appropriated for the fiscal year ending September
30, 2016, out of any money in the Treasury not otherwise appropriated
or obligated, $135,000,000 for the construction of a new courthouse for
the United States District Court for the Western District of Texas:
Provided, That such amount, or any portion of such amount, may be
derived from the Assets Forfeiture Fund and the Federal Buildings Fund:
Provided further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 3. REAL PROPERTY EXCHANGE.
The courthouse construction to be funded pursuant to section 2
shall include an exchange of titles to real property, on terms to be
negotiated between the Administrator of General Services and the City
of San Antonio. The property exchange shall involve federally owned
land including the Wood Courthouse and Spears Judicial Training Center,
located at 655 and 643, respectively, East Cesar E. Chavez Boulevard,
San Antonio, Texas, and city-owned land commonly known as the San
Antonio Police Headquarters Site, 214 West Nueva Street, at the corner
of West Nueva and Santa Rosa Streets, San Antonio, Texas.
SEC. 4. REPORT TO CONGRESS.
Not later than 6 months after the date of enactment of this Act,
the Administrator of General Services shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Environment and Public Works of the Senate, and the
Committees on Appropriations of the House of Representatives and the
Senate, a report on progress of the implementation of sections 2 and 3
of this Act. | This bill provides $135 million in FY2016 emergency appropriations for the construction of a new courthouse for the U.S. District Court for the Western District of Texas. The bill designates the funds as an emergency requirement, which exempts the funds from limits on discretionary spending and other budget enforcement rules. The construction of the courthouse must include a real property exchange between the city of San Antonio, Texas, and the General Services Administration (GSA) involving: (1) federally owned land including the Wood Courthouse and Spears Judicial Training Center, and (2) city-owned land commonly known as the San Antonio Police Headquarters Site. Within six months of enactment of this bill, the GSA must provide a progress report to Congress. | {"src": "billsum_train", "title": "Making emergency appropriations for the fiscal year ending September 30, 2016, to address needs of the Federal judiciary serving the border region between the United States and Mexico, and for other purposes."} | 1,690 | 160 | 0.452855 | 1.518515 | 0.431395 | 3.791367 | 11.438849 | 0.841727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Property Rights Protection
Act of 2006''.
SEC. 2. PROHIBITION ON EMINENT DOMAIN ABUSE BY STATES.
(a) In General.--No State or political subdivision of a State shall
exercise its power of eminent domain, or allow the exercise of such
power by any person or entity to which such power has been delegated,
over property to be used for economic development or over property that
is subsequently used for economic development, if that State or
political subdivision receives Federal economic development funds
during any fiscal year in which it does so.
(b) Ineligibility for Federal Funds.--A violation of subsection (a)
by a State or political subdivision shall render such State or
political subdivision ineligible for any Federal economic development
funds for a period of 2 fiscal years following a final judgment on the
merits by a court of competent jurisdiction that such subsection has
been violated, and any Federal agency charged with distributing those
funds shall withhold them for such 2-year period, and any such funds
distributed to such State or political subdivision shall be returned or
reimbursed by such State or political subdivision to the appropriate
Federal agency or authority of the Federal Government, or component
thereof.
(c) Opportunity to Cure Violation.--A State or political
subdivision shall not be ineligible for any Federal economic
development funds under subsection (b) if such State or political
subdivision returns all real property the taking of which was found by
a court of competent jurisdiction to have constituted a violation of
subsection (a) and replaces any other property destroyed and repairs
any other property damaged as a result of such violation.
SEC. 3. PROHIBITION ON EMINENT DOMAIN ABUSE BY THE FEDERAL GOVERNMENT.
The Federal Government or any authority of the Federal Government
shall not exercise its power of eminent domain to be used for economic
development.
SEC. 4. PRIVATE RIGHT OF ACTION.
(a) Cause of Action.--Any owner of private property who suffers
injury as a result of a violation of any provision of this Act may
bring an action to enforce any provision of this Act in the appropriate
Federal or State court, and a State shall not be immune under the
eleventh amendment to the Constitution of the United States from any
such action in a Federal or State court of competent jurisdiction. In
such action, the defendant has the burden to show by clear and
convincing evidence that the taking is not for economic development.
Any such property owner may also seek any appropriate relief through a
preliminary injunction or a temporary restraining order.
(b) Limitation on Bringing Action.--An action brought under this
Act may be brought if the property is used for economic development
following the conclusion of any condemnation proceedings condemning the
private property of such property owner, but shall not be brought later
than seven years following the conclusion of any such proceedings and
the subsequent use of such condemned property for economic development.
(c) Attorneys' Fee and Other Costs.--In any action or proceeding
under this Act, the court shall allow a prevailing plaintiff a
reasonable attorneys' fee as part of the costs, and include expert fees
as part of the attorneys' fee.
SEC. 5. NOTIFICATION BY ATTORNEY GENERAL.
(a) Notification to States and Political Subdivisions.--
(1) Not later than 30 days after the enactment of this Act,
the Attorney General shall provide to the chief executive
officer of each State the text of this Act and a description of
the rights of property owners under this Act.
(2) Not later than 120 days after the enactment of this
Act, the Attorney General shall compile a list of the Federal
laws under which Federal economic development funds are
distributed. The Attorney General shall compile annual
revisions of such list as necessary. Such list and any
successive revisions of such list shall be communicated by the
Attorney General to the chief executive officer of each State
and also made available on the Internet website maintained by
the United States Department of Justice for use by the public
and by the authorities in each State and political subdivisions
of each State empowered to take private property and convert it
to public use subject to just compensation for the taking.
(b) Notification to Property Owners.--Not later than 30 days after
the enactment of this Act, the Attorney General shall publish in the
Federal Register and make available on the Internet website maintained
by the United States Department of Justice a notice containing the text
of this Act and a description of the rights of property owners under
this Act.
SEC. 6. REPORT.
Not later than 1 year after the date of enactment of this Act, and
every subsequent year thereafter, the Attorney General shall transmit a
report identifying States or political subdivisions that have used
eminent domain in violation of this Act to the Chairman and Ranking
Member of the Committee on the Judiciary of the House of
Representatives and to the Chairman and Ranking Member of the Committee
on the Judiciary of the Senate. The report shall--
(1) identify all private rights of action brought as a
result of a State's or political subdivision's violation of
this Act;
(2) identify all States or political subdivisions that have
lost Federal economic development funds as a result of a
violation of this Act, as well as describe the type and amount
of Federal economic development funds lost in each State or
political subdivision and the Agency that is responsible for
withholding such funds;
(3) discuss all instances in which a State or political
subdivision has cured a violation as described in section 2(c)
of this Act.
SEC. 7. SENSE OF CONGRESS REGARDING RURAL AMERICA.
(a) Findings.--Congress finds the following:
(1) The founders realized the fundamental importance of
property rights when they codified the Takings Clause of the
Fifth Amendment to the Constitution, which requires that
private property shall not be taken ``for public use, without
just compensation''.
(2) Rural lands are unique in that they are not
traditionally considered high tax revenue-generating properties
for State and local governments. In addition, farmland and
forest land owners need to have long-term certainty regarding
their property rights in order to make the investment decisions
to commit land to these uses.
(3) Ownership rights in rural land are fundamental building
blocks for our Nation's agriculture industry, which continues
to be one of the most important economic sectors of our
economy.
(4) In the wake of the Supreme Court's decision in Kelo v.
City of New London, abuse of eminent domain is a threat to the
property rights of all private property owners, including rural
land owners.
(b) Sense of Congress.--It is the sense of Congress that the use of
eminent domain for the purpose of economic development is a threat to
agricultural and other property in rural America and that the Congress
should protect the property rights of Americans, including those who
reside in rural areas. Property rights are central to liberty in this
country and to our economy. The use of eminent domain to take farmland
and other rural property for economic development threatens liberty,
rural economies, and the economy of the United States. The taking of
farmland and rural property will have a direct impact on existing
irrigation and reclamation projects. Furthermore, the use of eminent
domain to take rural private property for private commercial uses will
force increasing numbers of activities from private property onto this
Nation's public lands, including its National forests, National parks
and wildlife refuges. This increase can overburden the infrastructure
of these lands, reducing the enjoyment of such lands for all citizens.
Americans should not have to fear the government's taking their homes,
farms, or businesses to give to other persons. Governments should not
abuse the power of eminent domain to force rural property owners from
their land in order to develop rural land into industrial and
commercial property. Congress has a duty to protect the property rights
of rural Americans in the face of eminent domain abuse.
SEC. 8. DEFINITIONS.
In this Act the following definitions apply:
(1) Economic development.--The term ``economic
development'' means taking private property, without the
consent of the owner, and conveying or leasing such property
from one private person or entity to another private person or
entity for commercial enterprise carried on for profit, or to
increase tax revenue, tax base, employment, or general economic
health, except that such term shall not include--
(A) conveying private property--
(i) to public ownership, such as for a
road, hospital, airport, or military base;
(ii) to an entity, such as a common
carrier, that makes the property available to
the general public as of right, such as a
railroad or public facility;
(iii) for use as a road or other right of
way or means, open to the public for
transportation, whether free or by toll;
(iv) for use as an aqueduct, flood control
facility, pipeline, or similar use;
(B) removing harmful uses of land provided such
uses constitute an immediate threat to public health
and safety;
(C) leasing property to a private person or entity
that occupies an incidental part of public property or
a public facility, such as a retail establishment on
the ground floor of a public building;
(D) acquiring abandoned property;
(E) clearing defective chains of title;
(F) taking private property for use by a public
utility; and
(G) redeveloping of a brownfield site as defined in
the Small Business Liability Relief and Brownfields
Revitalization Act (42 U.S.C. 9601(39)).
(2) Federal economic development funds.--The term ``Federal
economic development funds'' means any Federal funds
distributed to or through States or political subdivisions of
States under Federal laws designed to improve or increase the
size of the economies of States or political subdivisions of
States.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, or any other territory or possession of the United
States.
SEC. 9. SEVERABILITY AND EFFECTIVE DATE.
(a) Severability.--The provisions of this Act are severable. If any
provision of this Act, or any application thereof, is found
unconstitutional, that finding shall not affect any provision or
application of the Act not so adjudicated.
(b) Effective Date.--This Act shall take effect upon the first day
of the first fiscal year that begins after the date of the enactment of
this Act, but shall not apply to any project for which condemnation
proceedings have been initiated prior to the date of enactment.
SEC. 10. SENSE OF CONGRESS.
It is the policy of the United States to encourage, support, and
promote the private ownership of property and to ensure that the
constitutional and other legal rights of private property owners are
protected by the Federal Government.
SEC. 11. BROAD CONSTRUCTION.
This Act shall be construed in favor of a broad protection of
private property rights, to the maximum extent permitted by the terms
of this Act and the Constitution.
SEC. 12. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this Act may be construed to supersede, limit, or
otherwise affect any provision of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et
seq.).
SEC. 13. RELIGIOUS AND NONPROFIT ORGANIZATIONS.
(a) Prohibition on States.--No State or political subdivision of a
State shall exercise its power of eminent domain, or allow the exercise
of such power by any person or entity to which such power has been
delegated, over property of a religious or other nonprofit organization
by reason of the nonprofit or tax-exempt status of such organization,
or any quality related thereto if that State or political subdivision
receives Federal economic development funds during any fiscal year in
which it does so.
(b) Ineligibility for Federal Funds.--A violation of subsection (a)
by a State or political subdivision shall render such State or
political subdivision ineligible for any Federal economic development
funds for a period of 2 fiscal years following a final judgment on the
merits by a court of competent jurisdiction that such subsection has
been violated, and any Federal agency charged with distributing those
funds shall withhold them for such 2-year period, and any such funds
distributed to such State or political subdivision shall be returned or
reimbursed by such State or political subdivision to the appropriate
Federal agency or authority of the Federal Government, or component
thereof.
(c) Prohibition on Federal Government.--The Federal Government or
any authority of the Federal Government shall not exercise its power of
eminent domain over property of a religious or other nonprofit
organization by reason of the nonprofit or tax-exempt status of such
organization, or any quality related thereto.
SEC. 14. REPORT BY FEDERAL AGENCIES ON REGULATIONS AND PROCEDURES
RELATING TO EMINENT DOMAIN.
Not later than 180 days after the date of the enactment of this
Act, the head of each Executive department and agency shall review all
rules, regulations, and procedures and report to the Attorney General
on the activities of that department or agency to bring its rules,
regulations and procedures into compliance with this Act.
SEC. 15. SENSE OF CONGRESS.
It is the sense of Congress that any and all precautions shall be
taken by the government to avoid the unfair or unreasonable taking of
property away from survivors of Hurricane Katrina who own, were
bequeathed, or assigned such property, for economic development
purposes or for the private use of others. | Private Property Rights Protection Act of 2006 - Prohibits any state or political subdivision, if it receives federal economic development funds during the fiscal year, from exercising, or allowing a delegate to exercise, the power of eminent domain: (1) for economic development; or (2) over property of a religious or other nonprofit organization by reason of its nonprofit or tax-exempt status..
Defines "economic development" as taking private property and conveying or leasing it to a private entity for commercial enterprise carried on for profit or to increase tax revenue, the tax base, employment, or general economic health.
Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years.
Prohibits the federal government from exercising its power of eminent domain: (1) for economic development; or (2) over property of a religious or other nonprofit organization by reason of its nonprofit or tax-exempt status.
Establishes a private cause of action for any private property owner who suffers injury from a violation of this Act.
Expresses the sense of Congress that: (1) the use of eminent domain for economic development is a threat to agricultural and other property in rural America; and (2) it is U.S. policy to promote the private ownership of property and to protect the legal rights of private property owners.
Expresses the sense of Congress that all precautions should be taken to avoid the unfair or unreasonable taking of property from survivors of Hurricane Katrina for economic development or other private use. | {"src": "billsum_train", "title": "A bill to protect private property rights."} | 3,028 | 331 | 0.646379 | 1.937269 | 0.776197 | 3.959322 | 9.430508 | 0.942373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Recreation Lakes Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Lakes created by Federal dam projects have become
powerful magnets for diverse recreation activities, drawing
hundreds of millions of visits annually and generating tens of
billions of dollars in economic benefits.
(2) Recreational opportunities are provided at such lakes,
on surrounding lands, and on downstream waters, by Federal
agencies and through partnerships among Federal, State, and
local government agencies and private persons.
(b) Purposes.--The purposes of this Act are the following:
(1) To require Federal agencies responsible for management
of lakes created by Federal dam projects to pursue strategies
for enhancing recreational experiences at such lakes.
(2) To direct Federal agencies to utilize creative
management of lakes created by Federal dam projects that
optimizes both recreational opportunities and other purposes of
such projects, including the provision of agricultural and
municipal water supplies, flood control and navigation
benefits, and production of hydroelectric power, as applicable.
SEC. 3. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the Federal Lakes
Recreation Leadership Council, an interdepartmental
coordinating body established by a memorandum of agreement
among the Secretary of Agriculture, the Secretary of the Army,
the Secretary of the Interior, and the Chairman of the
Tennessee Valley Authority dated October 27, 1999.
(2) Federal manmade lake.--The term ``Federal manmade
lake'' means--
(A) any impoundment or diversion of water that is
part of a water resources project operated, maintained,
or constructed by any Federal agency and that has a
maximum storage capacity of 50 acre feet or more; and
(B) any water downstream of such an impoundment or
diversion.
(3) Federal lake management agency.--The term ``Federal
lake management agency'' means any Federal agency that manages
a Federal manmade lake.
(4) National demonstration lakes.--The term ``National
Demonstration Lake'' means a federal manmade lake that is
designated as a National Demonstration Lake in accordance with
section 6.
(5) Recreation.--The term ``recreation'' means--
(A) any water-related recreational activity that
may take place on or in a Federal manmade lake,
including boating, swimming, fishing, sailing, and
diving;
(B) any water-related recreational activity that
may take place below the impoundment creating a Federal
manmade lake, including rafting, kayaking, canoeing,
and fishing; and
(C) any recreational activities that take place on
federally managed lands in the vicinity of the Federal
manmade lake, including fishing and wildlife-related
activities, that are allowed under existing land
management plans.
SEC. 4. RECREATION AS AUTHORIZED PURPOSE OF ALL FEDERAL MANMADE LAKE
PROJECTS.
(a) In General.--The head of each Federal lake management agency
shall--
(1) treat recreation as an authorized purpose of each
Federal manmade lake that is managed by the agency; and
(2) give recreation appropriate attention in all agency
decisions and policies relating to such Federal manmade lakes.
(b) Downstream Waters.--The head of each Federal agency shall, in
conducting any activity relating to waters that are downstream waters
of a Federal manmade lake, consider recreation uses of such waters.
(c) Reports.--
(1) Initial report by federal lake management agencies.--
Not later than 12 months after the date of the enactment of
this Act, the head of each Federal lake management agency shall
submit a report to the Congress and the Council that describes
--
(A) actions taken by the agency to communicate to
personnel of the agency the requirements of this Act
and other laws relating to recreation use of Federal
manmade lakes; and
(B) actions to be taken by the agency to expand
recreation opportunities at Federal manmade lakes,
including a schedule for taking such actions
(2) Council.--Not later than 36 months after the date of
the enactment of this Act, and every 24 months thereafter, the
Council, or if the Council does not exist the head of each
Federal lake management agency that manages 50 or more Federal
manmade lakes, shall submit a report to the Congress describing
actions take by the members of the Council or such agency, as
applicable, to expand recreation opportunities at Federal
manmade lakes.
(d) Relationship to Other Law.--This Act does not affect--
(1) any other authorized purposes of any Federal manmade
lake;
(2) any contract entered into before the date of the
enactment of this Act; or
(3) the authority of States to manage fish and wildlife.
SEC. 5. RECREATION FEE DEMONSTRATION PROGRAM.
Section 315 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-6a note) is amended--
(1) in subsection (a)--
(A) by inserting ``, the Bureau of Reclamation,''
after ``the National Park Service'';
(B) by striking ``Service) and'' and inserting
``Service),''; and
(C) by inserting before ``shall each'' the
following: ``, and the Secretary of the Army (acting
through the Corps of Engineers)'';
(2) in subsection (b) by striking ``four agencies'' and
inserting ``6 agencies''; and
(3) in subsection (e)--
(A) by striking ``and'' and inserting a comma; and
(B) by inserting ``, and the Secretary of the
Army'' before ``shall carry out''.
SEC. 6. ESTABLISHMENT OF NATIONAL RECREATION LAKES DEMONSTRATION
PROGRAM.
(a) Establishment.--There is established the National Recreation
Lakes Demonstration Program. The program shall consist of the conduct
of activities in accordance with this section at up to 20 National
Demonstration Lakes designated in accordance with this section.
(b) Designation of National Demonstration Lakes.--
(1) In general.--The head of each participating Federal
lake management agency under paragraph (2) may designate
Federal manmade lakes that are managed by the agency as
National Demonstration Lakes. The total number of Federal
manmade lakes designated by each agency may not exceed the
number allocated to the agency by the Council.
(2) Participating agencies.--For purposes of paragraph (1),
the participating Federal lake management agencies are the
following:
(A) The Corps of Engineers.
(B) The Bureau of Reclamation.
(C) The Forest Service.
(D) The Bureau of Indian Affairs.
(E) The United States Fish and Wildlife Service.
(F) The National Park Service.
(G) The Tennessee Valley Authority.
(H) The Bureau of Land Management.
(3) Criteria.--The Council shall develop and issue criteria
for use by participating agencies in the selecting candidates
for designation as National Demonstration Lakes. The Council
shall consult with participating agencies to encourage
geographic and opportunity diversity.
(4) Allocation of lakes.--The Council shall allocate to
each participating agency under paragraph (2) a maximum number
of Federal manmade lakes that the agency may designate as
National Demonstration Lakes.
(5) Effective period of designation.--A designation of a
Federal manmade lake as a National Demonstration Lake shall be
effective for a period specified by the agency head making the
designation, not to exceed 10 years.
(c) Authorized Activities.--
(1) In general.--Subject to paragraph (2), the head of a
participating Federal lake management agency may conduct at a
National Demonstration Lake managed by the agency any activity
to experiment with fees, concessions agreements, and innovative
management structures, notwithstanding any requirement or
restriction under any other law.
(2) Enhancement of recreation activities.--The head of a
participating Federal lake management agency may not conduct
any activity under this subsection unless the activity enhances
opportunities for recreation activities that occur on a
National Demonstration Lake managed by the agency or other
recreation activities that occur in proximity to such a lake.
(d) Local Advisory Committees.--
(1) In general.--The head of a participating Federal lake
management agency shall establish, for each National
Demonstration Lake managed by the agency, an advisory committee
comprised of State and local government and private sector
representatives.
(2) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to any advisory
committee established under this section.
(e) Reports.--The head of each participating Federal lake
management agency shall periodically report to the Congress regarding
activities of the agency under this section.
SEC. 7. PERIODIC REVIEW AND REVISION OF OPERATING POLICIES FOR FEDERAL
MANMADE LAKES.
The head of each Federal lake management agency shall--
(1) conduct a comprehensive review of its operating
policies for Federal manmade lakes managed by the agency, at
least once every 15 years; and
(2) revise such policies as necessary to incorporate new
information and ensure coordinated management of such lakes to
produce high levels of benefits for all authorized purposes of
the lakes.
SEC. 8. REVISED COST SHARING REQUIREMENTS FOR RECREATION PROJECTS.
(a) In General.--Notwithstanding any other provision of law, the
Federal share of the costs to construct, reconstruct, or operate
facilities for recreation at a Federal manmade lake, including the
costs of lands, may be 100 percent.
(b) Conforming Amendments to Federal Water Project Recreation
Act.--The Federal Water Project Recreation Act is amended--
(1) in section 2 (16 U.S.C. 460l-13)--
(A) in subsection (a) by striking ``and to bear''
and all that follows through ``recreation,''; and
(B) in subsection (b)--
(i) by striking ``recreation and''; and
(ii) by striking ``recreation or'';
(2) in section 3 (16 U.S.C. 460l-14)--
(A) in subsection (b)(1) by striking ``and will
bear'' the first place it appears and all that follows
through ``recreation,''; and
(B) in subsection (c) by striking paragraph (2);
and
(3) in section 4 (16 U.S.C. 460l-15) by striking
``recreation and'' and all that follows through ``those
purposes''.
SEC. 9. ASSISTANCE TO UNITS OF LOCAL GOVERNMENT IN VICINITY OF NATIONAL
DEMONSTRATION LAKES.
(a) In General.--The head of any Federal lake management agency
that manages a National Demonstration Lake may carry out activities to
improve communications and cooperation between the agency and local
community interests in the vicinity of the lake with respect to such
management, including planning, advisory boards, marketing, and other
activities.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for each fiscal year to remain available until expended--
(1) to the head of each Federal lake management agency that
manages a National Demonstration Lake $1,000,000 for each such
lake to carry out this section; and
(2) to the Secretary of the Interior $2,000,000 to
coordinate activities of Federal lake management agencies under
this section.
SEC. 10. USE OF FEDERAL WATER PROJECT FUNDING FOR MATCHING REQUIREMENTS
FOR RECREATION PROJECTS AT NATIONAL DEMONSTRATION LAKES.
(a) Federal Aid in Fish Restoration Act.--The Act of August 9, 1950
(chapter 658; 16 U.S.C. 777 et seq.), popularly known as the Federal
Aid in Fish Restoration Act, is amended by striking the second section
13 and inserting the following:
``SEC. 14. APPLICATION OF FEDERAL WATER PROJECT SPENDING TO NON-FEDERAL
SHARE OF COVERED RECREATION PROJECTS.
``(a) In General.--The use for any covered recreation project of
amounts appropriated for a Federal water project shall be treated as
payment of the non-Federal share of costs required under this Act.
``(b) Definitions.--In this section:
``(1) Covered recreation project.--The term `covered
recreation project' means construction or reconstruction of
facilities for recreation at a National Demonstration Lake that
is carried out with assistance under this Act.
``(2) Other terms.--Each of the terms `National
Demonstration Lake' and `recreation' has the meaning that term
has in section 2 of the National Recreation Lakes Act.''.
(b) Federal Aid in Wildlife Restoration Act.--The Act of September
2, 1937 (chapter 899; 16 U.S.C. 669 et seq.), popularly known as the
Federal Aid in Wildlife Restoration Act, is amended by adding at the
end the following:
``SEC. 11. APPLICATION OF FEDERAL WATER PROJECT SPENDING TO NON-FEDERAL
SHARE OF RECREATION PROJECTS.
``(a) In General.--The use for any covered recreation project of
amounts appropriated for a Federal water project shall be treated as
payment of the non-Federal share of costs required under this Act.
``(b) Definitions.--In this section:
``(1) Covered recreation project.--The term `covered
recreation project' means construction or reconstruction of
facilities for recreation at a National Demonstration Lake that
is carried out with assistance under this Act.
``(2) Other terms.--Each of the terms `National
Demonstration Lake' and `recreation' has the meaning that term
has in section 2 of the National Recreation Lakes Act.''. | Amends the Land and Water Conservation Fund Act of 1965 to provide for the participation of the Bureau of Reclamation and the Army Corps of Engineers in an existing recreation fee demonstration program.
Establishes the National Recreation Lakes Demonstration Program.
Authorizes the Federal share of costs to construct, reconstruct, or operate facilities for recreation at a Federal manmade lake to be 100 percent. | {"src": "billsum_train", "title": "National Recreation Lakes Act"} | 3,141 | 85 | 0.518425 | 1.193136 | 0.705878 | 4.357143 | 38.942857 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Upper Missisquoi and Trout Wild and
Scenic Rivers Act''.
SEC. 2. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following:
``(208) Missisquoi river and trout river, vermont.--The
following segments in the State of Vermont, to be administered
by the Secretary of the Interior as a recreational river:
``(A) The 20.5-mile segment of the Missisquoi River
from the Lowell/Westfield town line to the Canadian
border in North Troy, excluding the property and
project boundary of the Troy and North Troy
hydroelectric facilities.
``(B) The 14.6-mile segment of the Missisquoi River
from the Canadian border in Richford to the upstream
project boundary of the Enosburg Falls hydroelectric
facility in Sampsonville.
``(C) The 11-mile segment of the Trout River from
the confluence of the Jay and Wade Brooks in Montgomery
to where the Trout River joins the Missisquoi River in
East Berkshire.''.
SEC. 3. MANAGEMENT.
(a) Management.--
(1) In general.--The river segments designated by paragraph
(208) of section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) shall be managed in accordance with--
(A) the Upper Missisquoi and Trout Rivers
Management Plan developed during the study described in
section 5(b)(19) of the Wild and Scenic Rivers Act (16
U.S.C. 1276(b)(19)) (referred to in this section as the
``management plan''); and
(B) such amendments to the management plan as the
Secretary determines are consistent with this Act and
as are approved by the Upper Missisquoi and Trout
Rivers Wild and Scenic Committee (referred to in this
section as the ``Committee'').
(2) Comprehensive management plan.--The management plan, as
finalized in March 2013, and as amended, shall be considered to
satisfy the requirements for a comprehensive management plan
pursuant to section 3(d) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(d)).
(b) Committee.--The Secretary shall coordinate management
responsibility of the Secretary of the Interior under this Act with the
Committee, as specified in the management plan.
(c) Cooperative Agreements.--
(1) In general.--In order to provide for the long-term
protection, preservation, and enhancement of the river segments
designated by paragraph (208) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)), the Secretary of the
Interior may enter into cooperative agreements pursuant to
sections 10(e) and 11(b)(1) (16 U.S.C. 1281(e), 1282(b)(1)) of
the Wild and Scenic Rivers Act with--
(A) the State of Vermont;
(B) the municipalities of Berkshire, Enosburg
Falls, Enosburgh, Montgomery, North Troy, Richford,
Troy, and Westfield; and
(C) appropriate local, regional, statewide, or
multi-state planning or recreational organizations
consistent with the management plan.
(2) Consistency.--Each cooperative agreement entered into
under this section shall be consistent with the management plan
and may include provisions for financial or other assistance
from the United States.
(d) Effect on Existing Hydroelectric Facilities.--
(1) In general.--The designation of the river segments by
paragraph (208) of section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)), does not--
(A) preclude, prohibit, or restrict the Federal
Energy Regulatory Commission from licensing,
relicensing, or otherwise authorizing the operation or
continued operation of the Troy Hydroelectric, North
Troy, or Enosburg Falls hydroelectric project under the
terms of licenses or exemptions in effect on the date
of enactment of this Act; or
(B) limit modernization, upgrade, or other changes
to the projects described in paragraph (1).
(2) Hydropower proceedings.--Resource protection,
mitigation, or enhancement measures required by Federal Energy
Regulatory Commission hydropower proceedings--
(A) shall not be considered to be project works for
purposes of this Act; and
(B) may be located within the river segments
designated by paragraph (208) of section 3(a) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)).
(e) Land Management.--
(1) Zoning ordinances.--For the purpose of the segments
designated in paragraph (208) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)), the zoning ordinances
adopted by the towns of Berkshire, Enosburg Falls, Enosburgh,
Montgomery, North Troy, Richford, Troy, and Westfield in the
State of Vermont, including provisions for conservation of
floodplains, wetlands, and watercourses associated with the
segments, shall be considered to satisfy the standards and
requirements of section 6(c) of the Wild and Scenic Rivers Act
(16 U.S.C. 1277(c)).
(2) Acquisitions of land.--The authority of the Secretary
to acquire land for the purposes of the segments designated in
paragraph (208) of section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) shall be--
(A) limited to acquisition by donation or exchange;
and
(B) subject to the additional criteria set forth in
the management plan.
(3) No condemnation.--The Secretary of the Interior may not
acquire by condemnation any land or interest in land within the
boundaries of the river segments designated by paragraph (208)
of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)).
(4) Written consent of owner required.--No private property
or non-Federal public property shall be included within the
boundaries of the river segments designated by paragraph (208)
of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) without the written consent of the owner of that
property.
(f) Relation to National Park System.--Notwithstanding section
10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the
Missisquoi and Trout Rivers shall not be administered as part of the
National Park System or be subject to regulations that govern the
National Park System.
(g) No Buffer Zone Created.--Nothing in this Act or the Upper
Missisquoi and Trout Rivers Management Plan shall be construed to
create buffer zones outside the designated river segment boundaries
designated by paragraph (208) of section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)). That activities or uses can be seen,
heard, or detected from areas within the designated river segments
shall not preclude, limit, control, regulate or determine the conduct
of management of activities or uses outside those designated river
segments.
Passed the House of Representatives September 15, 2014.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on June 30, 2014. Upper Missisquoi and Trout Wild and Scenic Rivers Act - (Sec. 2) Amends the Wild and Scenic Rivers Act to designate specified segments of the Missisquoi River and Trout River in Vermont as components of the National Wild and Scenic Rivers System. (Sec. 3) Requires the river segments designated by this Act to be managed in accordance with the Upper Missisquoi and Trout Rivers Management Plan and any amendments meeting certain criteria. Requires the Secretary of the Interior to coordinate the management responsibilities with the Upper Missisquoi and Trout Rivers Wild and Scenic Committee. Authorizes the Secretary to enter into cooperative agreements for the protection, preservation, and enhancement of the river segments with: (1) the state of Vermont; (2) specific municipalities; and (3) local, regional, statewide, or multi-state planning, environmental, or recreational organizations. States that the designation of the river segments does not: (1) preclude the Federal Energy Regulatory Commission (FERC) from licensing, relicensing, or otherwise authorizing the operation of specified hydroelectric projects; or (2) limit the modernization, upgrades, or other changes to the projects. Prohibits resource protection, mitigation, or enhancement measures required by FERC hydropower proceedings from being considered project works under this Act. Permits such measures within the segments. Prohibits resource protection, mitigation, or enhancement measures required by FERC hydropower proceedings from being considered project works under this Act. Permits such measures within the segments. Considers zoning ordinances adopted by specific towns as satisfying provisions in the Wild and Scenic Rivers Act that prohibit the Secretary from acquiring lands by condemnation within a designated Wild and Scenic River boundary when certain local zoning ordinances are in place. Limits the authority of the Secretary to acquire lands under this Act to acquisition by donation or exchange and subject to additional management plan criteria. Prohibits the Secretary from acquiring by condemnation any land or interest in land within the boundaries of the river segments designated by this Act. Bars the inclusion of any private or non-federal public property within the boundaries of such river segments without the owner's written consent. Bars the Missisquoi and Trout Rivers from being administered as part of the National Park System. Declares that nothing in this Act or the Upper Missisquoi and Trout Rivers Management Plan shall be construed to create buffer zones outside the river segment boundaries designated by this Act. | {"src": "billsum_train", "title": "Upper Missisquoi and Trout Wild and Scenic Rivers Act"} | 1,686 | 572 | 0.626752 | 2.135497 | 0.52255 | 3.225263 | 2.964211 | 0.867368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Predisaster Hazard Mitigation Act of
2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The predisaster hazard mitigation program has been
successful and cost-effective. Funding from the predisaster hazard
mitigation program has successfully reduced loss of life, personal
injuries, damage to and destruction of property, and disruption of
communities from disasters.
(2) The predisaster hazard mitigation program has saved Federal
taxpayers from spending significant sums on disaster recovery and
relief that would have been otherwise incurred had communities not
successfully applied mitigation techniques.
(3) A 2007 Congressional Budget Office report found that the
predisaster hazard mitigation program reduced losses by roughly $3
(measured in 2007 dollars) for each dollar invested in mitigation
efforts funded under the predisaster hazard mitigation program.
Moreover, the Congressional Budget Office found that projects
funded under the predisaster hazard mitigation program could lower
the need for post-disaster assistance from the Federal Government
so that the predisaster hazard mitigation investment by the Federal
Government would actually save taxpayer funds.
(4) A 2005 report by the Multihazard Mitigation Council showed
substantial benefits and cost savings from the hazard mitigation
programs of the Federal Emergency Management Agency generally.
Looking at a range of hazard mitigation programs of the Federal
Emergency Management Agency, the study found that, on average, $1
invested by the Federal Emergency Management Agency in hazard
mitigation provided the Nation with roughly $4 in benefits.
Moreover, the report projected that the mitigation grants awarded
between 1993 and 2003 would save more than 220 lives and prevent
nearly 4,700 injuries over approximately 50 years.
(5) Given the substantial savings generated from the
predisaster hazard mitigation program in the years following the
provision of assistance under the program, increasing funds
appropriated for the program would be a wise investment.
SEC. 3. PREDISASTER HAZARD MITIGATION.
(a) Allocation of Funds.--Section 203(f) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(f)) is
amended to read as follows:
``(f) Allocation of Funds.--
``(1) In general.--The President shall award financial
assistance under this section on a competitive basis and in
accordance with the criteria in subsection (g).
``(2) Minimum and maximum amounts.--In providing financial
assistance under this section, the President shall ensure that the
amount of financial assistance made available to a State (including
amounts made available to local governments of the State) for a
fiscal year--
``(A) is not less than the lesser of--
``(i) $575,000; or
``(ii) the amount that is equal to 1 percent of the
total funds appropriated to carry out this section for the
fiscal year; and
``(B) does not exceed the amount that is equal to 15
percent of the total funds appropriated to carry out this
section for the fiscal year.''.
(b) Authorization of Appropriations.--Section 203(m) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133(m)) is amended to read as follows:
``(m) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $180,000,000 for fiscal year 2011;
``(2) $200,000,000 for fiscal year 2012; and
``(3) $200,000,000 for fiscal year 2013.''.
(c) Technical Corrections to References.--The Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
is amended--
(1) in section 602(a) (42 U.S.C. 5195a(a)), by striking
paragraph (7) and inserting the following:
``(7) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.''; and
(2) by striking ``Director'' each place it appears and
inserting ``Administrator'', except--
(A) in section 622 (42 U.S.C. 5197a)--
(i) in the second and fourth places it appears in
subsection (c); and
(ii) in subsection (d); and
(B) in section 626(b) (42 U.S.C. 5197e(b)).
SEC. 4. PROHIBITION ON EARMARKS.
Section 203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133) is amended by adding at the end the
following:
``(n) Prohibition on Earmarks.--
``(1) Definition.--In this subsection, the term
`congressionally directed spending' means a statutory provision or
report language included primarily at the request of a Senator or a
Member, Delegate or Resident Commissioner of the House of
Representatives providing, authorizing, or recommending a specific
amount of discretionary budget authority, credit authority, or
other spending authority for a contract, loan, loan guarantee,
grant, loan authority, or other expenditure with or to an entity,
or targeted to a specific State, locality, or Congressional
district, other than through a statutory or administrative formula-
driven or competitive award process.
``(2) Prohibition.--None of the funds appropriated or otherwise
made available to carry out this section may be used for
congressionally directed spending.
``(3) Certification to congress.--The Administrator of the
Federal Emergency Management Agency shall submit to Congress a
certification regarding whether all financial assistance under this
section was awarded in accordance with this section.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Predisaster Hazard Mitigation Act of 2010 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to: (1) increase the amount guaranteed to each state under the predisaster hazard mitigation program to $575,000; (2) require the President to award financial assistance under the program on a competitive basis; (3) eliminate the current termination date for such program (September 30, 2010); and (4) authorize appropriations for the program through FY2013.
Prohibits the use of program funds for congressionally directed spending.
Directs the Administrator of the Federal Emergency Management Agency (FEMA) to submit to Congress a certification regarding whether all financial assistance under the program was awarded in accordance with such Act. | {"src": "billsum_train", "title": "To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to reauthorize the pre-disaster mitigation program of the Federal Emergency Management Agency."} | 1,317 | 154 | 0.581408 | 1.68829 | 0.744112 | 3.140741 | 8.459259 | 0.844444 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small 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.
Sec. 2. Reauthorization of small business programs.
Sec. 3. BusinessLINC grants reauthorization.
Sec. 4. Small Business Development Center Program reauthorization.
Sec. 5. Women's Business Center Program reauthorization.
Sec. 6. HUBZone reauthorization.
Sec. 7. Office of Veterans Business Development reauthorization.
Sec. 8. Advisory Committee on Veterans Business Affairs extension.
Sec. 9. National Women's Business Council reauthorization.
SEC. 2. REAUTHORIZATION OF SMALL BUSINESS PROGRAMS.
Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended--
(1) by striking subsections (b), (d), and (j);
(2) by redesignating subsections (c) and (e) as (b) and
(c), respectively;
(3) in subsection (b) (as so redesignated; disaster
mitigation pilot program) by striking ``2005'' and ``2006'' and
inserting ``2008'' and ``2009'', respectively; and
(4) by inserting after subsection (c) (as so redesignated)
the following:
``(d) Fiscal Year 2008.--
``(1) Program levels.--The following program levels are
authorized for fiscal year 2008:
``(A) For the programs authorized by this Act, the
Administration is authorized to make--
``(i) $80,000,000 in technical assistance
grants, as provided in section 7(m); and
``(ii) $110,000,000 in direct loans, as
provided in 7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $29,300,000,000 in
deferred participation loans and other financings. Of
such sum, the Administration is authorized to make--
``(i) $20,000,000,000 in general business
loans, as provided in section 7(a);
``(ii) $8,500,000,000 in certified
development company financings, as provided in
section 7(a)(13) and as provided in section 504
of the Small Business Investment Act of 1958;
``(iii) $750,000,000 in loans, as provided
in section 7(a)(21); and
``(iv) $50,000,000 in loans, as provided in
section 7(m).
``(C) For the programs authorized by title III of
the Small Business Investment Act of 1958, the
Administration is authorized to make $4,000,000,000 in
guarantees of debentures.
``(D) For the programs authorized by part B of
title IV of the Small Business Investment Act of 1958,
the Administration is authorized to enter into
guarantees not to exceed $6,000,000,000, of which not
more than 50 percent may be in bonds approved pursuant
to section 411(a)(3) of that Act.
``(E) The Administration is authorized to make
grants or enter into cooperative agreements for a total
amount of $7,000,000 for the Service Corps of Retired
Executives program authorized by section 8(b)(1).
``(2) Additional authorization.--There are authorized to be
appropriated to the Administration for fiscal year 2008
$20,000,000 to carry out the PRIME program.
``(e) Fiscal Year 2009.--
``(1) Program levels.--The following program levels are
authorized for fiscal year 2009:
``(A) For the programs authorized by this Act, the
Administration is authorized to make--
``(i) $90,000,000 in technical assistance
grants, as provided in section 7(m); and
``(ii) $120,000,000 in direct loans, as
provided in 7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $29,800,000,000 in
deferred participation loans and other financings. Of
such sum, the Administration is authorized to make--
``(i) $20,000,000,000 in general business
loans, as provided in section 7(a);
``(ii) $9,000,000,000 in certified
development company financings, as provided in
section 7(a)(13) and as provided in section 504
of the Small Business Investment Act of 1958;
``(iii) $750,000,000 in loans, as provided
in section 7(a)(21); and
``(iv) $50,000,000 in loans, as provided in
section 7(m).
``(C) For the programs authorized by title III of
the Small Business Investment Act of 1958, the
Administration is authorized to make $4,000,000,000 in
guarantees of debentures.
``(D) For the programs authorized by part B of
title IV of the Small Business Investment Act of 1958,
the Administration is authorized to enter into
guarantees not to exceed $6,000,000,000, of which not
more than 50 percent may be in bonds approved pursuant
to section 411(a)(3) of that Act.
``(E) The Administration is authorized to make
grants or enter into cooperative agreements for a total
amount of $7,000,000 for the Service Corps of Retired
Executives program authorized by section 8(b)(1).
``(2) Additional authorization.--There are authorized to be
appropriated to the Administration for fiscal year 2009
$20,000,000 to carry out the PRIME program.''.
SEC. 3. BUSINESSLINC GRANTS REAUTHORIZATION.
Section 8(n) of the Small Business Act (15 U.S.C. 637(n)) is
amended--
(1) by striking ``$6,600,000'' and inserting
``$7,000,000''; and
(2) by striking ``2001 through 2006'' and inserting ``2008
and 2009''.
SEC. 4. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM REAUTHORIZATION.
Section 21(a)(4)(C)(vii) of the Small Business Act (15 U.S.C.
648(a)(4)(C)(vii)) is amended by striking subclauses (I) and (II) and
inserting the following:
``(I) $140,000,000 for fiscal year
2008; and
``(II) $145,000,000 for fiscal year
2009.''.
SEC. 5. WOMEN'S BUSINESS CENTER PROGRAM REAUTHORIZATION.
Section 29(k) of the Small Business Act (15 U.S.C. 656(k)) is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $17,000,000 for fiscal year 2008; and
``(B) $17,500,000 for fiscal year 2009.''; and
(2) in paragraph (2)(B), by striking clauses (i) through
(iv) and inserting the following:
``(i) For fiscal year 2008, 1.5 percent.
``(ii) For fiscal year 2009, 1.5
percent.''.
SEC. 6. HUBZONE REAUTHORIZATION.
Section 31(d) of the Small Business Act (15 U.S.C. 657a) is
amended--
(1) by striking ``$10,000,000'' and inserting
``$20,000,000''; and
(2) by striking ``2004 through 2006'' and inserting ``2008
and 2009''.
SEC. 7. OFFICE OF VETERANS BUSINESS DEVELOPMENT REAUTHORIZATION.
Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is
amended by striking paragraphs (1) and (2) and inserting the following:
``(1) $3,000,000 for fiscal year 2008; and
``(2) $4,000,000 for fiscal year 2009.''.
SEC. 8. ADVISORY COMMITTEE ON VETERANS BUSINESS AFFAIRS EXTENSION.
(a) Extension of Termination Date.--Section 203(h) of the Veterans
Entrepreneurship and Small Business Development Act of 1999 (Public Law
106-50; 15 U.S.C. 657b note) is amended by striking ``September 30,
2006'' and inserting ``September 30, 2009''.
(b) Conforming Amendment.--Section 33(h) of the Small Business Act
(15 U.S.C. 657c(h)) is amended by striking ``October 1, 2006'' and
inserting ``October 1, 2009''.
SEC. 9. NATIONAL WOMEN'S BUSINESS COUNCIL REAUTHORIZATION.
Section 410(a) of the Women's Business Ownership Act of 1988
(Public Law 100-533; 15 U.S.C. 7110(a)) is amended by striking ``2001
through 2003'' and inserting ``2008 and 2009''.
Passed the House of Representatives November 6, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Small Business Programs Act of 2007 - Amends the Small Business Act (the Act) to reauthorize for FY2008-FY2009 certain small business assistance programs of the Small Business Administration (SBA) authorized under the Act and the Small Business Investment Act of 1958, including: (1) a disaster mitigation pilot program; (2) general and start-up small business loans; (3) certified development company (CDC) financing; (4) disaster loans; (5) the Service Corps of Retired Executives (SCORE); and (6) grants to microloan program intermediaries and technical assistance providers.
Reauthorizes for such fiscal years: (1) the businessLINC grants program; (2) the small business development center (SBDC) program; (3) the women's business center program; (4) the HUBZone (heavily underutilized business zone) program; (5) the Office of Veterans Business Development; (6) the Advisory Committee on Veterans Business Affairs; and (7) the National Women's Business Council. | {"src": "billsum_train", "title": "To reauthorize certain programs under the Small Business Act for each of fiscal years 2008 and 2009."} | 2,002 | 215 | 0.635948 | 1.824473 | 0.904112 | 2.353535 | 8.792929 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secret Service Protective Privilege
Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The physical safety of the Nation's top elected
officials is a public good of transcendent importance.
(2) By virtue of the critical importance of the Office of
the President, the President and those in direct line of the
Presidency are subject to unique and mortal jeopardy--jeopardy
that in turn threatens profound disruption to our system of
representative government and to the security and future of the
Nation.
(3) The physical safety of visiting heads of foreign states
and foreign governments is also a matter of paramount
importance. The assassination of such a person while on
American soil could have calamitous consequences for our
foreign relations and national security.
(4) Given these grave concerns, Congress has provided for
the Secret Service to protect the President and those in direct
line of the Presidency, and has directed that these officials
may not waive such protection. Congress has also provided for
the Secret Service to protect visiting heads of foreign states
and foreign governments.
(5) The protective strategy of the Secret Service depends
critically on the ability of its personnel to maintain close
and unremitting physical proximity to the protectee.
(6) Secret Service personnel must remain at the side of the
protectee on occasions of confidential conversations and, as a
result, may overhear top secret discussions, diplomatic
exchanges, sensitive conversations, and matters of personal
privacy.
(7) The necessary level of proximity can be maintained only
in an atmosphere of complete trust and confidence between the
protectee and his or her protectors.
(8) If a protectee has reason to doubt the confidentiality
of actions or conversations taken in sight or hearing of Secret
Service personnel, the protectee may seek to push the
protective envelope away or undermine it to the point at which
it could no longer be fully effective.
(9) The possibility that Secret Service personnel might be
compelled to testify against their protectees could induce
foreign nations to refuse Secret Service protection in future
state visits, making it impossible for the Secret Service to
fulfill its important statutory mission of protecting the life
and safety of foreign dignitaries.
(10) A privilege protecting information acquired by Secret
Service personnel while performing their protective function in
physical proximity to a protectee will preserve the security of
the protectee by lessening the incentive of the protectee to
distance Secret Service personnel in situations in which there
is some risk to the safety of the protectee.
(11) Recognition of a protective function privilege for the
President and those in direct line of the Presidency, and for
visiting heads of foreign states and foreign governments, will
promote sufficiently important interests to outweigh the need
for probative evidence.
(12) Because Secret Service personnel retain law
enforcement responsibility even while engaged in their
protective function, the privilege must be subject to a crime/
treason exception.
(b) Purposes.--The purposes of this Act are--
(1) to facilitate the relationship of trust and confidence
between Secret Service personnel and certain protected
officials that is essential to the ability of the Secret
Service to protect these officials, and the Nation, from the
risk of assassination; and
(2) to ensure that Secret Service personnel are not
precluded from testifying in a criminal investigation or
prosecution about unlawful activity committed within their view
or hearing.
SEC. 3. ESTABLISHMENT OF PROTECTIVE FUNCTION PRIVILEGE.
(a) Admissibility of Information Acquired by Secret Service
Personnel While Performing Their Protective Function.--Chapter 203 of
title 18, United States Code, is amended by inserting after section
3056 the following:
``Sec. 3056A. Testimony by Secret Service personnel; protective
function privilege
``(a) Definitions.--In this section:
``(1) Protectee.--The term `protectee' means--
``(A) the President;
``(B) the Vice President (or other officer next in
the order of succession to the Office of President);
``(C) the President-elect;
``(D) the Vice President-elect; and
``(E) visiting heads of foreign states or foreign
governments who, at the time and place concerned, are
being provided protection by the United States Secret
Service.
``(2) Secret service personnel.--The term `Secret Service
personnel' means any officer or agent of the United States
Secret Service.
``(b) General Rule of Privilege.--Subject to subsection (c),
testimony by Secret Service personnel or former Secret Service
personnel regarding information affecting a protectee that was acquired
during the performance of a protective function in physical proximity
to the protectee shall not be received in evidence or otherwise
disclosed in any trial, hearing, or other proceeding in or before any
court, grand jury, department, officer, agency, regulatory body, or
other authority of the United States, a State, or a political
subdivision thereof.
``(c) Exceptions.--There is no privilege under this section--
``(1) with respect to information that, at the time the
information was acquired by Secret Service personnel, was
sufficient to provide reasonable grounds to believe that a
crime had been, was being, or would be committed; or
``(2) if the privilege is waived by the protectee or the
legal representative of a protectee or deceased protectee.
``(d) Concurrent Privileges.--The proximity of Secret Service
personnel to a protectee engaged in a privileged communication with
another shall not, by itself, defeat an otherwise valid claim of
privilege.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
203 of title 18, United States Code, is amended by inserting after the
item relating to section 3056 the following:
``3056A. Testimony by Secret Service personnel; protective function
privilege.''.
SEC. 4. APPLICATION.
This Act and the amendments made by this Act shall apply to any
proceeding commenced on or after the date of enactment of this Act. | Secret Service Protective Privilege Act of 1999 - Amends the Federal criminal code to prohibit testimony by Secret Service personnel or former personnel regarding information affecting a protectee (defined as the President, Vice President, and specified other officials) that was acquired during the performance of a protective function in physical proximity to the protectee from being received in evidence or otherwise disclosed in any proceeding in or before any court, grand jury, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof.
Makes exceptions: (1) with respect to information that, at the time it was acquired by Secret Service personnel, was sufficient to provide reasonable grounds to believe that a crime had been, was being, or would be committed; or (2) if the privilege is waived by the protectee or the legal representative of a protectee or deceased protectee.
Specifies that the proximity of Secret Service personnel to a protectee engaged in a privileged communication with another shall not, by itself, defeat an otherwise valid claim of privilege. | {"src": "billsum_train", "title": "Secret Service Protective Privilege Act of 1999"} | 1,358 | 235 | 0.545378 | 1.673312 | 0.721364 | 8.354369 | 6.097087 | 0.966019 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FERS Federal Deposit Insurance
Corporation Buyback Act of 2001''.
SEC. 2. CREDITABILITY OF SERVICE.
(a) In General.--Section 8411(b) of title 5, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following:
``(6) subject to subsection (k), service as a temporary or
intermittent employee for the Federal Deposit Insurance
Corporation not otherwise creditable for purposes of this
chapter, performed after December 31, 1988, and before January
1, 2001, of at least 1 year's duration (whether performed over
a continuous period or otherwise), but only if the individual
performing such service later becomes subject to this chapter,
and such service is not credited for purposes of any benefit
under any other retirement system established by a law of the
United States (disregarding the Social Security Act and chapter
83 of this title).''.
(b) Deposit Requirement.--Section 8411 of title 5, United States
Code, is amended by adding at the end the following:
``(k)(1) An employee or Member shall, with respect to any service
described in subsection (b)(6) performed by such employee or Member, be
required to deposit to the credit of the Fund an amount equal to 1.3
percent of basic pay for such service.
``(2) Any deposit under paragraph (1) made more than 5 years after
the later of--
``(A) October 1, 2001, or
``(B) the date on which the employee or Member making the
deposit first becomes an employee or Member following the
period of temporary or intermittent service for which such
deposit is due,
shall include interest on such amount, computed in the manner described
in subsection (f)(3) and compounded annually beginning on the date of
the expiration of the 5-year period.
``(3) If the deposit under paragraph (1) is not made or if less
than the entire amount of such deposit is made--
``(A) service of the employee or Member described in
subsection (b)(6) shall be fully creditable; but
``(B) any annuity under this chapter based on the service
of such employee or Member shall be reduced in a manner similar
to that described in section 8418(b).''.
SEC. 3. PROVISIONS RELATING TO PERSONS WHO HAVE SEPARATED.
(a) In General.--The Office of Personnel Management shall prescribe
regulations under which credit for service, as described in section
8411(b)(6) of title 5, United States Code, as added by this Act, which
was performed by an individual who has separated from Government
service may be obtained.
(b) Requirements.--Under the regulations, credit shall not be given
under this section unless appropriate written application is submitted,
not later than December 31, 2001, in such form and manner as the
regulations require.
(c) Recomputation of Annuity.--
(1) In general.--Any annuity or survivor annuity payable as
of when an application under this subsection is submitted shall
be recomputed to take into account any service described in
section 8411(b)(6) of title 5, United States Code (performed by
the individual on whose service the annuity is based),
effective with respect to amounts accruing for months beginning
more than 30 days after the date on which such application is
submitted.
(2) Condition.--If the full amount of the deposit required
under section 8411(k) of such title 5 is not timely made
(before such deadline as the Office shall by regulation
prescribe) with respect to any service as to which the
application under paragraph (1) relates, an appropriate
reduction shall be made in the recomputed annuity in accordance
with paragraph (3) of such section 8411(k). Interest shall not
be included as part of any deposit under this subsection.
SEC. 4. NOTIFICATION AND OTHER DUTIES OF THE OFFICE OF PERSONNEL
MANAGEMENT.
(a) Notice.--The Office of Personnel Management shall take such
action as may be necessary and appropriate to inform individuals of any
rights they might have as a result of the enactment of this Act.
(b) Assistance.--The Office shall, on request, assist any
individual in obtaining from the Federal Deposit Insurance Corporation
any information in the possession of such corporation which may be
necessary to verify the entitlement of such individual to have any
service credited under section 8411(b)(6) of title 5, United States
Code, as added by this Act, or to have an annuity recomputed under
section 3(c).
(c) Information.--At the request of the Office, the Federal Deposit
Insurance Corporation shall provide any information with respect to an
individual's performance of any service described in such section
8411(b)(6) to the Office. | FERS Federal Deposit Insurance Corporation Buyback Act of 2001 - Includes service as a temporary or intermittent Federal Deposit Insurance Corporation employee of at least one year's duration, performed after December 31, 1988 and before January 1, 2001, whether performed over a continuous period or otherwise, as creditable service under the Federal Employees' Retirement System (FERS), but only if such employee later becomes subject to FERS and such service is not credited for purposes of any benefit under any other retirement system established by U.S. law (disregarding the Social Security Act and provisions of the Civil Service Retirement System (CSRS)).Requires such employee to deposit to the credit of the Civil Service Retirement and Disability Fund an amount equal to 1.3 percent of basic pay for such service. Requires any deposit made more than five years after the later of October 1, 2001, or the date on which the employee first becomes a Federal employee following the period of temporary or intermittent FDIC service to include interest.Directs the Office of Personnel Management to prescribe regulations for crediting such service to an individual who has separated from the Government. Requires recomputation of an annuity or a survivor annuity to take into account such service. | {"src": "billsum_train", "title": "To amend chapter 84 of title 5, United States Code, to make certain temporary Federal service performed for the Federal Deposit Insurance Corporation creditable for retirement purposes."} | 1,105 | 265 | 0.657008 | 1.92818 | 0.943208 | 4.045249 | 4.628959 | 0.932127 |
SECTION 1. REQUIREMENT FOR FEDERAL CONTRACTORS TO POSSESS SATISFACTORY
RECORD OF INTEGRITY AND BUSINESS ETHICS.
(a) Defense Contractors.--(1) Chapter 137 of title 10, United
States Code, is amended by inserting after section 2305a the following
new section:
``Sec. 2305b. Contractor requirement for satisfactory record of
integrity and business ethics
``(a) In General.--No prospective contractor may be awarded a
contract with an agency under this title unless the contracting officer
for the contract determines that such prospective contractor has a
satisfactory record of integrity and business ethics, including a
record of satisfactory compliance with the law (including tax, labor
and employment, environmental, antitrust, and consumer protection
laws).
``(b) Information To Be Considered.--In making a determination as
to whether a prospective contractor has a satisfactory record of
integrity and business ethics, a contracting officer--
``(1) shall consider all relevant credible information, but
shall give the greatest weight to any violations of law that
have been adjudicated during the 3-year period preceding the
offer by the prospective contractor;
``(2) shall consider any administrative agreements entered
into with the prospective contractor if the prospective
contractor has taken corrective action after disclosing a
violation of law, and may consider such a contractor to be a
responsible contractor if the contractor has corrected the
conditions that led to the misconduct;
``(3) shall consider failure to comply with the terms of an
administrative agreement to be a lack of integrity and business
ethics under this section;
``(4) may consider other relevant information, such as
civil or administrative complaints or similar actions filed by
or on behalf of a Federal agency, board, or commission, if such
action reflects an adjudicated determination by the agency; and
``(5) shall consider the following in descending order of
importance:
``(A) Convictions of and civil judgments rendered
against the prospective contractor for--
``(i) commission of fraud or a criminal
offense in connection with obtaining,
attempting to obtain, or performing a Federal,
State, or local contract or subcontract;
``(ii) violation of Federal or State
antitrust law relating to the submission of
offers; or
``(iii) commission of embezzlement, theft,
forgery, bribery, falsification, or destruction
of records, making false statement, tax
evasion, or receiving stolen property.
``(B) Indictments for the offenses described in
subparagraph (A).
``(C) With respect to tax, labor, employment,
environmental, antitrust, or consumer protection laws--
``(i) Federal or State felony convictions;
``(ii) adverse Federal court judgments in
civil cases brought by the United States;
``(iii) adverse decisions by a Federal
administrative law judge, board, or commission
indicating violations of law; and
``(iv) Federal or State felony
indictments.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2305a the
following new item:
``2305b. Contractor requirement for satisfactory record of integrity
and business ethics.''.
(b) Other Contractors.--(1) Title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended
by inserting after section 303L the following new section:
``SEC. 303M. CONTRACTOR REQUIREMENT FOR SATISFACTORY RECORD OF
INTEGRITY AND BUSINESS ETHICS.
``(a) In General.--No prospective contractor may be awarded a
contract with an agency unless the contracting officer for the contract
determines that such prospective contractor has a satisfactory record
of integrity and business ethics, including a record of satisfactory
compliance with the law (including tax, labor and employment,
environmental, antitrust, and consumer protection laws).
``(b) Information To Be Considered.--In making a determination as
to whether a prospective contractor has a satisfactory record of
integrity and business ethics, a contracting officer--
``(1) shall consider all relevant credible information, but
shall give the greatest weight to any violations of law that
have been adjudicated during the 3-year period preceding the
offer by the prospective contractor;
``(2) shall consider any administrative agreements entered
into with the prospective contractor if the prospective
contractor has taken corrective action after disclosing a
violation of law, and may consider such a contractor to be a
responsible contractor if the contractor has corrected the
conditions that led to the misconduct;
``(3) shall consider failure to comply with the terms of an
administrative agreement to be a lack of integrity and business
ethics under this section;
``(4) may consider other relevant information, such as
civil or administrative complaints or similar actions filed by
or on behalf of a Federal agency, board, or commission, if such
action reflects an adjudicated determination by the agency; and
``(5) shall consider the following in descending order of
importance:
``(A) Convictions of and civil judgments rendered
against the prospective contractor for--
``(i) commission of fraud or a criminal
offense in connection with obtaining,
attempting to obtain, or performing a Federal,
State, or local contract or subcontract;
``(ii) violation of Federal or State
antitrust law relating to the submission of
offers; or
``(iii) commission of embezzlement, theft,
forgery, bribery, falsification, or destruction
of records, making false statement, tax
evasion, or receiving stolen property.
``(B) Indictments for the offenses described in
subparagraph (A).
``(C) With respect to tax, labor, employment,
environmental, antitrust, or consumer protection laws--
``(i) Federal or State felony convictions;
``(ii) adverse Federal court judgments in
civil cases brought by the United States;
``(iii) adverse decisions by a Federal
administrative law judge, board, or commission
indicating violations of law; and
``(iv) Federal or State felony
indictments.''.
(2) The table of sections at the beginning of such Act is amended
by inserting after the item relating to section 303L the following new
item:
``303M. Contractor requirement for satisfactory record of integrity and
business ethics.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to contracts for which solicitations are issued
after the date of the enactment of this Act. | Amends Federal defense contract law and the Federal Property and Administrative Services Act of 1949 to prohibit a contractor from being awarded a defense or Federal contract unless the Federal contracting officer determines that such contractor has a satisfactory record of integrity and business ethics, including compliance with all applicable laws. Outlines information to be considered by a contracting officer in making such determination, with an emphasis on any violations that have been adjudicated during the prior three-year period, as well as certain convictions of and civil judgments rendered against such contractor. | {"src": "billsum_train", "title": "To require contractors with the Federal Government to possess a satisfactory record of integrity and business ethics."} | 1,479 | 116 | 0.543958 | 1.427633 | 0.573535 | 2.676768 | 13.707071 | 0.878788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dot Kids Domain Name Act of 2001''.
SEC. 2. ESTABLISHMENT OF KIDS-FRIENDLY TOP-LEVEL DOMAIN NAME.
(a) NTIA Action.--Within 30 days after the date of the enactment of
this Act, the Secretary of Commerce, acting through the National
Telecommunications and Information Administration, shall--
(1) pursuant to the authority under section II.B. of the
Memorandum of Understanding Between the U.S. Department of
Commerce and the Internet Corporation for Assigned Names and
Numbers, entered into on November 25, 1998, regarding oversight
of the policy for determining the circumstances under which new
top-level Internet domains are added to the root system,
jointly with ICANN, develop a plan in accordance with section 3
of this Act for ICANN to establish the new domain in accordance
with the requirements under subsection (b) of this section;
(2) upon completion of the development of such plan, make
the plan publicly available; and
(3) enter into any memorandums of understanding,
agreements, and contracts with ICANN, and any amendments to
existing such memorandums, agreements, and contracts, as may be
necessary to provide for ICANN to carry out such plan.
(b) Requirements for New Domain.--The new domain shall be subject
to the following requirements:
(1) Top-level, international domain.--The new domain shall
be established as a top-level, International domain having a
domain name appropriate for its purpose.
(2) Green light approach.--The new domain shall be
available for voluntary use as a location only of material that
is considered suitable for minors and shall not be available
for use as a location of any material that is harmful to
minors.
(3) Operator of domain.--The entity selected pursuant to
section 3 to establish, operate, and maintain the new domain
shall--
(A) establish, operate, and maintain the domain in
accordance with the requirements under this subsection;
and
(B) provide for the creation of an independent
board, with diverse membership, which shall be
responsible for--
(i) establishing written criteria for
accepting registrants for the new domain and
for any limitations applicable to the new
domain, which shall include a requirement that
any registrant agree to use the new domain in
accordance with paragraph (2); and
(ii) ensuring that subscription rates or
fees for obtaining a new domain name are as
minimal as possible.
(4) Consultation.--In carrying out the establishment,
operation, and maintenance of the new domain, family
organizations and international organizations concerned with
the operations of the Internet shall be coordinated with and
consulted.
(5) Periodic audits.--Periodic audits shall be conducted to
ensure compliance with requirements, registration criteria, and
limitations applicable to the new domain.
(6) Review of exclusion.--A registrant to the new domain
shall have the opportunity for an impartial hearing regarding
any material excluded from the domain. Such a hearing shall
provide the basic elements of due process, including adequate
notice, a right to representation, an opportunity to present
evidence and witnesses, an opportunity to examine and refute
evidence, an opportunity to cross-examine witnesses, and a
right to a decision on the merits.
(7) Other.--Any other requirements that may be established
under the plan developed pursuant to subsection (a).
SEC. 3. SELECTION PROCESS FOR OPERATOR OF NEW DOMAIN.
(a) Application Process.--A plan in accordance with this section
shall establish a process for soliciting applications for establishment
of the new domain, which process shall--
(1) commence and complete not later than 60 days after the
expiration of the 30-day period referred to in section 2(a);
(2) provide adequate notice to prospective applicants
(including any applicant that previously filed an application
with ICANN for similar purposes that was rejected) of--
(A) the opportunity to submit such an application;
and
(B) the criteria for selection under subsection
(b)(1);
(3) involve a fee for filing an application that does not
exceed the minimum amount reasonably estimated as necessary to
recover any expenses of ICANN relating to the process for
establishing the new domain; and
(4) provide for reimbursement to applicants of any amounts
collected in filing fees that exceed the actual amount of
expenses of ICANN relating to the process for establishing the
new domain.
(b) Selection Process.--A plan in accordance with this section
shall establish a process for selection, from applications submitted
pursuant to the process under subsection (a), of an application for the
establishment of the new domain in accordance with the requirements
under section 2(b). Such selection process shall comply with the
following requirements:
(1) Criteria.--The selection shall be made pursuant to
written, objective criteria designed to ensure--
(A) that the new domain is established, operated,
and maintained in accordance with the requirements
under section 2(b); and
(B) that the entity selected to establish, operate,
and maintain the domain is the applicant most capable
and qualified to do so.
(2) Initial review.--Not more than 60 days after the
conclusion of the application period pursuant to subsection
(a)(1), ICANN shall--
(A) review and apply the selection criteria
established under paragraph (1) to each application
submitted; and
(B) based upon such criteria, select an application
and award to the applicant a contract for
establishment, operation, and maintenance of the new
domain, unless ICANN determines that no applicant could
minimally provide for establishment, operation, and
maintenance of the new domain in accordance with the
requirements under section 2(b).
(3) Second application period.--If no applicant is selected
pursuant to paragraph (2), not later than 30 days after the
expiration of the 60-day period under paragraph (2), ICANN
shall commence another application and selection process that
complies with the requirements under subsection (a) and this
subsection.
(4) Report.--If the second application and selection
process pursuant to paragraph (3) does not result in the award
of a contract for establishment, operation, and maintenance of
the new domain, not later than 30 days after the conclusion of
such second 60-day period under paragraph (2), ICANN shall
inform the Secretary of Commerce in writing of such failure to
award a contract and submit to the Secretary a report
describing the application and selection process and setting
forth the reasons for such failure to award a contract.
(c) Full Operation.--A plan in accordance with this section shall
provide for ICANN to take all actions necessary to facilitate the full
operation of the new domain within 6 months after the award of the
contract for establishment, operation, and maintenance of the domain.
(d) Priority for Establishment of Domain.--
(1) ICAAN.--A plan in accordance with this section shall
provide that ICANN may not establish any top-level generic or
country code Internet domain that has not already been approved
by ICANN on or before the date of the enactment of this Act
until after the new domain provided for under such plan has
been established.
(2) Department of commerce.--The Secretary of Commerce may
not approve, through the National Telecommunications
Information Administration or otherwise, the establishment of
any top-level generic or country code Internet domain that has
not already been approved by ICANN on or before the date of the
enactment of this Act until after the new domain has been
established pursuant to a plan in accordance with this section.
(e) Continuation of Department of Commerce Oversight and Approval
Authority.--During any period that ICANN has any authority for the
establishment of top-level generic or county code Internet domains and
for selection of registry services for such domains, the Secretary of
Commerce--
(1) shall carry out oversight and approval of such
functions for the Federal Government;
(2) shall make every reasonable effort to retain the
authority reserved to the Department of Commerce under the
Memorandum of Understanding referred to in section 2(a)(1) of
this Act and any amendments to such Memorandum; and
(3) shall diligently exercise such authority.
(f) Annual Oversight.--A plan in accordance with this section shall
provide that ICANN shall, on an annual basis, review the actions of the
entity selected to establish, operate, and maintain the new domain to
ensure that such entity is complying with the requirements of section
2(b).
SEC. 4. LIABILITY PROTECTIONS.
(a) Treatment of Publisher or Speaker.--No person or entity that
operates or maintains the new domain shall be treated as the publisher
or speaker of any information provided by another registrant for the
domain.
(b) Civil Liability.--No person or entity that operates or
maintains the new domain shall be held liable because of--
(1) any action voluntarily taken in good faith to restrict
access through the new domain to, or availability through the
new domain of, material that such person or entity considers to
be harmful to minors, obscene, lewd, lascivious, filthy,
excessively violent, harassing, or otherwise objectionable,
whether or not such material is constitutionally protected,
except that any action taken to exclude specific material from
the new domain shall be subject to the provisions of section
2(b)(6); or
(2) any action taken to enable or make available to
registrants to the new domain or others the technical means to
restrict access by minors to material described in paragraph
(1).
SEC. 5. EDUCATION AND OVERSIGHT.
(a) Education.--The Secretary of Commerce, acting through the
National Telecommunications and Information Administration, shall carry
out a program to publicize the availability of the new domain and to
educate the parents of minors regarding the process for utilizing the
domain in combination and coordination with hardware and software
technologies that provide for filtering or blocking of unsuitable
content. The program under this subsection shall be commenced not later
than 30 days after the date that the new domain first becomes
operational and accessible by the public.
(b) Oversight.--The Secretary of Commerce, acting through the
National Telecommunications and Information Administration, and the
entity selected to operate and maintain the new domain shall--
(1) consult with the Attorney General regarding appropriate
procedures and actions to prevent minors and families who use
the new domain from being targeted by adults and other children
for predatory behavior, exploitation, or illegal actions; and
(2) establish such procedures and take such actions as may
be necessary to prevent such targeting.
The consultations, procedures, and actions required under this
subsection shall be commenced not later than 30 days after the date
that the new domain first becomes operational and accessible by the
public.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) ICANN.--The term ``ICANN'' means the Internet
Corporation for Assigned Names and Numbers.
(2) Material that is harmful to minors.--The term
``material that is harmful to minors'' means any communication,
picture, image, graphic image file, article, recording,
writing, or other matter of any kind that is obscene or that--
(A) the average person, applying contemporary
community standards, would find, taking the material as
a whole and with respect to minors, is designed to
appeal to, or is designed to pander to, the prurient
interest;
(B) depicts, describes, or represents, in a manner
patently offensive with respect to minors, an actual or
simulated sexual act or sexual contact, an actual or
simulated normal or perverted sexual act, or a lewd
exhibition of the genitals or post-pubescent female
breast; and
(C) taken as a whole, lacks serious literary,
artistic, political, or scientific value for minors.
(3) Minor.--The term ``minor'' means any person under 17
years of age.
(4) New domain.--The term ``new domain'' means the Internet
domain established pursuant to this Act. | Dot Kids Domain Name Act of 2001 - Directs the Secretary of Commerce: (1) jointly with the Internet Corporation for Assigned Names and Numbers (ICANN), to develop a plan for ICANN to establish a kids-friendly top-level Internet domain; (2) to make such plan publicly available; and (3) to enter into appropriate agreement with ICANN to carry out the plan. Requires the domain to be available for voluntary use as a location only of material suitable for minors and the plan to establish a process for soliciting and selecting an operator of the new domain. Requires: (1) full operation of the new domain within six months after contract award; and (2) new domain approval by ICANN. Provides liability protections for any person or entity that operates or maintains the new domain with respect to information provided by a domain registrant.Directs the Secretary to carry out a program to publicize the availability of the new domain and to educate parents of minors regarding the process for utilizing the domain in combination with hardware and software technologies that filter or block unsuitable materials. | {"src": "billsum_train", "title": "To facilitate the creation of a new global top-level Internet domain that will be a haven for material that will promote positive experiences of children and families using the Internet, to provide a safe online environment for children, and to help prevent children from being exposed to harmful material on the Internet, and for other purposes."} | 2,611 | 236 | 0.648924 | 1.834783 | 0.892789 | 4.081731 | 11.798077 | 0.947115 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Organ Donation and Recovery
Improvement Act''.
SEC. 2. SENSE OF CONGRESS.
(a) Public Awareness of Need for Organ Donation.--It is the sense
of Congress that the Federal Government should carry out programs to
educate the public with respect to organ donation, including the need
to provide for an adequate rate of such donations.
(b) Family Discussions of Organ Donations.--Congress recognizes the
importance of families pledging to each other to share their lives as
organ and tissue donors and acknowledges the importance of discussing
organ and tissue donation as a family.
(c) Living Donations of Organs.--Congress--
(1) recognizes the generous contribution made by each
living individual who has donated an organ to save a life; and
(2) acknowledges the advances in medical technology that
have enabled organ transplantation with organs donated by
living individuals to become a viable treatment option for an
increasing number of patients.
SEC. 3. REIMBURSEMENT OF TRAVEL AND SUBSISTENCE EXPENSES INCURRED
TOWARD LIVING ORGAN DONATION.
Section 377 of the Public Health Service Act (42 U.S.C. 274f) is
amended to read as follows:
``SEC. 377. REIMBURSEMENT OF TRAVEL AND SUBSISTENCE EXPENSES INCURRED
TOWARD LIVING ORGAN DONATION.
``(a) In General.--The Secretary may award grants to States,
transplant centers, qualified organ procurement organizations under
section 371, or other public or private entities for the purpose of--
``(1) providing for the reimbursement of travel and
subsistence expenses incurred by individuals toward making
living donations of their organs (in this section referred to
as `donating individuals'); and
``(2) providing for the reimbursement of such incidental
nonmedical expenses that are so incurred as the Secretary
determines by regulation to be appropriate.
``(b) Preference.--The Secretary shall, in carrying out subsection
(a), give preference to those individuals that the Secretary determines
are more likely to be otherwise unable to meet such expenses.
``(c) Certain Circumstances.--The Secretary may, in carrying out
subsection (a), consider--
``(1) the term `donating individuals' as including
individuals who in good faith incur qualifying expenses toward
the intended donation of an organ but with respect to whom, for
such reasons as the Secretary determines to be appropriate, no
donation of the organ occurs; and
``(2) the term `qualifying expenses' as including the
expenses of having relatives or other individuals, not to
exceed 2, who accompany or assist the donating individual for
purposes of subsection (a) (subject to making payment for only
those types of expenses that are paid for a donating
individual).
``(d) Relationship to Payments Under Other Programs.--An award may
be made under subsection (a) only if the applicant involved agrees that
the award will not be expended to pay the qualifying expenses of a
donating individual to the extent that payment has been made, or can
reasonably be expected to be made, with respect to such expenses--
``(1) under any State compensation program, under an
insurance policy, or under any Federal or State health benefits
program;
``(2) by an entity that provides health services on a
prepaid basis; or
``(3) by the recipient of the organ.
``(e) Definitions.--For purposes of this section:
``(1) The term `donating individuals' has the meaning
indicated for such term in subsection (a)(1), subject to
subsection (c)(1).
``(2) The term `qualifying expenses' means the expenses
authorized for purposes of subsection (a), subject to
subsection (c)(2).
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $5,000,000 for
each of the fiscal years 2004 through 2008.''.
SEC. 4. PUBLIC AWARENESS; STUDIES AND DEMONSTRATIONS.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting after section 377 the following:
``SEC. 377A. PUBLIC AWARENESS; STUDIES AND DEMONSTRATIONS.
``(a) Organ Donation Public Awareness Program.--The Secretary
shall, directly or through grants or contracts, establish a public
education program in cooperation with existing national public
awareness campaigns to increase awareness about organ donation and the
need to provide for an adequate rate of such donations.
``(b) Studies and Demonstrations.--The Secretary may make peer
reviewed grants or contracts to public and nonprofit private entities
for the purpose of carrying out studies and demonstration projects to
increase organ donation and recovery rates, including living donation.
``(c) Grants to States.--The Secretary may make grants to States
for the purpose of assisting States in carrying out organ donor
awareness, public education and outreach activities, and programs
designed to increase the number of organ donors within the State,
including living donors. To be eligible, each State shall--
``(1) submit an application to the Department in the form
prescribed;
``(2) establish yearly benchmarks for improvement in organ
donation rates in the State; and
``(3) report to the Secretary on an annual basis a
description and assessment of the State's use of these grant
funds, accompanied by an assessment of initiatives for
potential replication in other States.
Funds may be used by the State or in partnership with other public
agencies or private sector institutions for education and awareness
efforts, information dissemination, activities pertaining to the State
donor registry, and other innovative donation specific initiatives,
including living donation.
``(d) Educational Activities.--The Secretary, in coordination with
the Organ Procurement and Transplantation Network and other appropriate
organizations, shall support the development and dissemination of
educational materials to inform health care professionals and other
appropriate professionals in issues surrounding organ, tissue, and eye
donation including evidence-based proven methods to approach patients
and their families, cultural sensitivities, and other relevant issues.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $15,000,000
for fiscal year 2004, and such sums as may be necessary for each of the
fiscal years 2005 through 2008. Such authorization of appropriations is
in addition to any other authorizations of appropriations that are
available for such purpose.
``SEC. 377B. GRANTS REGARDING HOSPITAL ORGAN DONATION COORDINATORS.
``(a) Authority.--
``(1) In general.--The Secretary may award grants to
qualified organ procurement organizations and hospitals under
section 371 to establish programs coordinating organ donation
activities of eligible hospitals and qualified organ
procurement organizations under section 371. Such activities
shall be coordinated to increase the rate of organ donations
for such hospitals.
``(2) Eligible hospital.--For purposes of this section, an
eligible hospital is a hospital that performs significant
trauma care, or a hospital or consortium of hospitals that
serves a population base of not fewer than 200,000 individuals.
``(b) Administration of Coordination Program.--A condition for the
receipt of a grant under subsection (a) is that the applicant involved
agree that the program under such subsection will be carried out
jointly--
``(1) by representatives from the eligible hospital and the
qualified organ procurement organization with respect to which
the grant is made; and
``(2) by such other entities as the representatives
referred to in paragraph (1) may designate.
``(c) Requirements.--Each entity receiving a grant under subsection
(a) shall--
``(1) establish joint organ procurement organization and
hospital designated leadership responsibility and
accountability for the project;
``(2) develop mutually agreed upon overall project
performance goals and outcome measures, including interim
outcome targets; and
``(3) collaboratively design and implement an appropriate
data collection process to provide ongoing feedback to hospital
and organ procurement organization leadership on project
progress and results.
``(d) Rule of Construction.--Nothing in this section shall be
construed to interfere with regulations in force on the date of
enactment of the Organ Donation and Recovery Improvement Act.
``(e) Evaluations.--Within 3 years after the award of grants under
this section, the Secretary shall ensure an evaluation of programs
carried out pursuant to subsection (a) in order to determine the extent
to which the programs have increased the rate of organ donation for the
eligible hospitals involved.
``(f) Matching Requirement.--The Secretary may not award a grant to
a qualifying organ donation entity under this section unless such
entity agrees that, with respect to costs to be incurred by the entity
in carrying out activities for which the grant was awarded, the entity
shall contribute (directly or through donations from public or private
entities) non-Federal contributions in cash or in kind, in an amount
equal to not less than 30 percent of the amount of the grant awarded to
such entity.
``(g) Funding.--For the purpose of carrying out this section, there
are authorized to be appropriated $3,000,000 for fiscal year 2004, and
such sums as may be necessary for each of fiscal years 2005 through
2008.''.
SEC. 5. STUDIES RELATING TO ORGAN DONATION AND THE RECOVERY,
PRESERVATION, AND TRANSPORTATION OF ORGANS.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting after section 377B, as added by
section 4, the following:
``SEC. 377C. STUDIES RELATING TO ORGAN DONATION AND THE RECOVERY,
PRESERVATION, AND TRANSPORTATION OF ORGANS.
``(a) Development of Supportive Information.--The Secretary, acting
through the Director of the Agency for Healthcare Research and Quality
shall develop scientific evidence in support of efforts to increase
organ donation and improve the recovery, preservation, and
transportation of organs.
``(b) Activities.--In carrying out subsection (a), the Secretary
shall--
``(1) conduct or support evaluation research to determine
whether interventions, technologies, or other activities
improve the effectiveness, efficiency, or quality of existing
organ donation practice;
``(2) undertake or support periodic reviews of the
scientific literature to assist efforts of professional
societies to ensure that the clinical practice guidelines that
they develop reflect the latest scientific findings;
``(3) ensure that scientific evidence of the research and
other activities undertaken under this section is readily
accessible by the organ procurement workforce; and
``(4) work in coordination with the appropriate
professional societies as well as the Organ Procurement and
Transplantation Network and other organ procurement and
transplantation organizations to develop evidence and promote
the adoption of such proven practices.
``(c) Research and Dissemination.--The Secretary, acting through
the Director of the Agency for Healthcare Research and Quality, as
appropriate, shall provide support for research and dissemination of
findings, to--
``(1) develop a uniform clinical vocabulary for organ
recovery;
``(2) apply information technology and telecommunications
to support the clinical operations of organ procurement
organizations;
``(3) enhance the skill levels of the organ procurement
workforce in undertaking quality improvement activities; and
``(4) assess specific organ recovery, preservation, and
transportation technologies.
``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $2,000,000
for fiscal year 2004, and such sums as may be necessary for each of
fiscal years 2005 through 2008.''.
SEC. 6. REPORT RELATING TO ORGAN DONATION AND THE RECOVERY,
PRESERVATION, AND TRANSPORTATION OF ORGANS.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting after section 377C, as added by
section 5, the following:
``SEC. 377D. REPORT RELATING TO ORGAN DONATION AND THE RECOVERY,
PRESERVATION, AND TRANSPORTATION OF ORGANS.
``(a) In General.--Not later than December 31, 2005, and every 2
years thereafter, the Secretary shall report to the appropriate
committees of Congress on the activities of the Department carried out
pursuant to this part, including an evaluation describing the extent to
which the activities have affected the rate of organ donation and
recovery.
``(b) Requirements.--To the extent practicable, each report
submitted under subsection (a) shall--
``(1) evaluate the effectiveness of activities, identify
effective activities, and disseminate such findings with
respect to organ donation and recovery;
``(2) assess organ donation and recovery activities that
are recently completed, ongoing, or planned; and
``(3) evaluate progress on the implementation of the plan
required under subsection (c)(4).
``(c) Initial Report Requirements.--The initial report under
subsection (a) shall include the following:
``(1) An evaluation of the organ donation practices of
organ procurement organizations, States, other countries, and
other appropriate organizations including an examination across
all populations, including those with low organ donation rates,
of--
``(A) existing barriers to organ donation; and
``(B) the most effective donation and recovery
practices.
``(2) An evaluation of living donation practices and
procedures. Such evaluation shall include an assessment of
issues relating to informed consent and the health risks
associated with living donation (including possible reduction
of long-term effects).
``(3) An evaluation of--
``(A) federally supported or conducted organ
donation efforts and policies, as well as federally
supported or conducted basic, clinical, and health
services research (including research on preservation
techniques an organ rejection and compatibility); and
``(B) the coordination of such efforts across
relevant agencies within the Department and throughout
the Federal Government.
``(4) An evaluation of the costs and benefits of State
donor registries, including the status of existing State donor
registries, the effect of State donor registries on organ
donation rates, issues relating to consent, and recommendations
regarding improving the effectiveness of State donor registries
in increasing overall organ donation rates.
``(5) A plan to improve federally supported or conducted
organ donation and recovery activities, including, when
appropriate, the establishment of baselines and benchmarks to
measure overall outcomes of these programs. Such plan shall
provide for the ongoing coordination of federally supported or
conducted organ donation and research activities.''.
SEC. 7. NATIONAL LIVING DONOR MECHANISMS.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.), is amended by inserting after section 371 the following:
``SEC. 371A. NATIONAL LIVING DONOR MECHANISMS.
``The Secretary is authorized to establish and maintain mechanisms
to evaluate the long-term effects associated with living organ
donations by individuals who have served as living donors.''.
SEC. 8. STUDY.
Not later than December 31, 2004, the Secretary of Health and Human
Services, in consultation with appropriate entities, including advocacy
groups representing those populations that are likely to be
disproportionately affected by proposals to increase cadaveric
donation, shall submit to the appropriate committees of Congress a
report that evaluates the ethical implications of such proposals.
SEC. 9. QUALIFIED ORGAN PROCUREMENT ORGANIZATIONS.
Section 371(a) of the Public Health Service Act (42 U.S.C. 273(a))
is amended by striking paragraph (3).
Passed the Senate November 25, 2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 573
_______________________________________________________________________
AN ACT
To amend the Public Health Service Act to promote organ donation, and
for other purposes. | Organ Donation and Recovery Improvement Act - (Sec. 2) Expresses the sense of Congress that the Federal Government should carry out programs to educate the public with respect to organ donation, including the need to provide for an adequate rate of donations. States that Congress: (1) acknowledges the importance of discussing organ and tissue donation as a family; (2) recognizes the contribution made by each living individual who has donated an organ; and (3) acknowledges the advances in medical technology that have enabled organ transplantation through living organ donors to become a viable treatment option.
(Sec. 3) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to States, transplant centers, qualified organ procurement organizations or other public or private entities for reimbursement of travel and subsistence expenses incurred by individuals toward making living organ donations. Authorizes FY 2004 through 2008 appropriations.
(Sec. 4) Directs the Secretary to: (1) directly or through grants or contracts, establish a public education program to increase awareness about organ donation and the need to provide for an adequate rate of donations; and (2) support the development and dissemination of educational materials to inform health care professionals about organ, tissue, and eye donation issues, including those relating to patient, family, and cultural sensitivities.
Authorizes the Secretary to make: (1) peer reviewed grants or contracts to public and nonprofit private entities for studies and demonstration projects to increase organ donation and recovery rates, including living donation; and (2) grants to States for organ donor awareness, public education and outreach activities, and programs designed to increase the number of organ donors within the State, including living donors.
Authorizes additional FY 2004 through 2008 appropriations for such studies and grants.
Authorizes the Secretary to award matching grants to qualified organ procurement organizations and hospitals to establish programs coordinating organ donation activities of eligible hospitals and qualified organ procurement organizations. (Defines an eligible hospital as a hospital that performs significant trauma care, or a hospital or consortium of hospitals that serves a population base of not fewer than 200,000 individuals.) Requires a grantee to: (1) establish joint organ procurement organization and hospital designated leadership responsibility and accountability; (2) develop agreed upon project performance goals; and (3) collaboratively design and implement a data collection process to provide ongoing project feedback. Authorizes FY 2004 through 2008 appropriations.
(Sec. 5) Directs the Secretary, through the Director of the Agency for Healthcare Research and Quality, to: (1) develop scientific evidence supporting increased donation and improved recovery, preservation, and transportation of donated organs; and (2) support efforts to develop a uniform clinical vocabulary and technology and to enhance the skills of the organ procurement workforce. Authorizes FY 2004 through 2008 appropriations.
(Sec. 6) Directs the Secretary, by December 31, 2005, and biennially thereafter, to report on organ donation and recovery activities.
(Sec. 7) Authorizes the Secretary to establish and maintain mechanisms to evaluate the long-term effects associated with living organ donations by individuals who have served as living donors.
(Sec. 8) Directs the Secretary, in consultation with appropriate entities, including advocacy groups for populations that are likely to be disproportionately affected by proposals to increase cadaveric donation, to report on the ethical implications of such proposals.
(Sec. 9) Eliminates certain grant authority with respect to qualified organ procurement organizations. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to promote organ donation, and for other purposes."} | 3,497 | 722 | 0.673796 | 1.940695 | 0.824382 | 5.218563 | 4.946108 | 0.95509 |
SECTION 1. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS.
(a) Requirement of Benchmarking and Disclosure for Leasing
Buildings Without Energy Star Labels.--Section 435(b)(2) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is
amended--
(1) by striking ``paragraph (2)'' and inserting ``paragraph
(1)''; and
(2) by striking ``signing the contract,'' and all that
follows through the period at the end and inserting the
following:
``signing the contract, the following requirements are met:
``(A) The space is renovated for all energy
efficiency and conservation improvements that would be
cost effective over the life of the lease, including
improvements in lighting, windows, and heating,
ventilation, and air conditioning systems.
``(B)(i) Subject to clause (ii), the space is
benchmarked under a nationally recognized, online, free
benchmarking program, with public disclosure, unless
the space is a space for which owners cannot access
whole building utility consumption data, including
spaces--
``(I) that are located in States with
privacy laws that provide that utilities shall
not provide such aggregated information to
multitenant building owners; and
``(II) for which tenants do not provide
energy consumption information to the
commercial building owner in response to a
request from the building owner.
``(ii) A Federal agency that is a tenant of the
space shall provide to the building owner, or authorize
the owner to obtain from the utility, the energy
consumption information of the space for the
benchmarking and disclosure required by this
subparagraph.''.
(b) Department of Energy Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete a study,
with opportunity for public comment--
(A) on the impact of--
(i) State and local performance
benchmarking and disclosure policies, and any
associated building efficiency policies, for
commercial and multifamily buildings; and
(ii) programs and systems in which
utilities provide aggregated information
regarding whole building energy consumption and
usage information to owners of multitenant
commercial, residential, and mixed-use
buildings;
(B) that identifies best practice policy approaches
studied under subparagraph (A) that have resulted in
the greatest improvements in building energy
efficiency; and
(C) that considers--
(i) compliance rates and the benefits and
costs of the policies and programs on building
owners, utilities, tenants, and other parties;
(ii) utility practices, programs, and
systems that provide aggregated energy
consumption information to multitenant building
owners, and the impact of public utility
commissions and State privacy laws on those
practices, programs, and systems;
(iii) exceptions to compliance in existing
laws where building owners are not able to
gather or access whole building energy
information from tenants or utilities;
(iv) the treatment of buildings with--
(I) multiple uses;
(II) uses for which baseline
information is not available; and
(III) uses that require high levels
of energy intensities, such as data
centers, trading floors, and
televisions studios;
(v) implementation practices, including
disclosure methods and phase-in of compliance;
(vi) the safety and security of
benchmarking tools offered by government
agencies, and the resiliency of those tools
against cyber-attacks; and
(vii) international experiences with regard
to building benchmarking and disclosure laws
and data aggregation for multitenant buildings.
(2) Submission to congress.--At the conclusion of the
study, the Secretary shall submit to Congress a report on the
results of the study.
(c) Creation and Maintenance of Databases.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act and following opportunity for public
notice and comment, the Secretary, in coordination with other
relevant agencies shall, to carry out the purpose described in
paragraph (2)--
(A) assess existing databases; and
(B) as necessary--
(i) modify and maintain existing databases;
or
(ii) create and maintain a new database
platform.
(2) Purpose.--The maintenance of existing databases or
creation of a new database platform under paragraph (1) shall
be for the purpose of storing and making available public
energy-related information on commercial and multifamily
buildings, including--
(A) data provided under Federal, State, local, and
other laws or programs regarding building benchmarking
and energy information disclosure;
(B) buildings that have received energy ratings and
certifications; and
(C) energy-related information on buildings
provided voluntarily by the owners of the buildings, in
an anonymous form, unless the owner provides otherwise.
(d) Competitive Awards.--Based on the results of the research for
the portion of the study described in subsection (b)(1)(A)(ii), and
with criteria developed following public notice and comment, the
Secretary may make competitive awards to utilities, utility regulators,
and utility partners to develop and implement effective and promising
programs to provide aggregated whole building energy consumption
information to multitenant building owners.
(e) Input From Stakeholders.--The Secretary shall seek input from
stakeholders to maximize the effectiveness of the actions taken under
this section.
(f) Report.--Not later than 2 years after the date of enactment of
this Act, and every 2 years thereafter, the Secretary shall submit to
Congress a report on the progress made in complying with this section.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (b) $2,500,000 for each of fiscal
years 2014 through 2018, to remain available until expended. | Amends the Energy Independence and Security Act of 2007 to revise exceptions to the requirement that federal agencies must lease space in buildings that have earned the Energy Star label. Requires a space leased by an agency in a building that has not earned the Energy Star label to be benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure. Exempts from such requirement a space for which owners cannot access whole building utility consumption data. Requires an agency that is a tenant of a space that has not earned such label to provide to a building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure requirements. Requires the Secretary of Energy (DOE) to study and report on: (1) the impact of state and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings and the impact of programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; and (2) best practice policy approaches that have resulted in the greatest improvements in building energy efficiency. Requires the Secretary to modify and maintain existing databases or create and maintain a new database platform to store and make publicly available energy-related information on commercial and multifamily buildings. Authorizes the Secretary to make awards to utilities, utility regulators, and utility partners to develop and implement programs to provide aggregated whole building energy consumption information to multitenant building owners. | {"src": "billsum_train", "title": "A bill to encourage benchmarking and disclosure of energy information for commercial buildings."} | 1,243 | 337 | 0.711955 | 2.395596 | 0.928926 | 4.457627 | 4.00339 | 0.925424 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth, Transparency, Accountability,
and Fairness in Trade Act''.
SEC. 2. REPORTING.
Section 163(c) of the Trade Act of 1974 (19 U.S.C. 2213(c)) is
amended to read as follows:
``(c) ITC Reports.--The United States International Trade
Commission and the Secretary of Labor shall submit to the Congress, not
later than February 15th of each year, a joint report on the operation
of the trade agreements program during the preceding calendar year. The
report shall include, with respect to each free trade agreement in
effect on December 31st of the preceding calendar year, the following:
``(1)(A) The exports, during the preceding calendar year,
from the United States to the other countries that are parties
to the free trade agreement, and the imports, during the
preceding calendar year, from those other countries to the
United States, of goods and services covered by the agreement,
by volume, by industry sector, by commodity, and by State, that
are attributable to the free trade agreement or a section,
chapter, or other portion of such trade agreement.
``(B) A comparison of the export and import data reported
under subparagraph (A) for the preceding calendar year, with
such data for the lesser of--
``(i) the period of 4 calendar years ending on the
day before the first day of such preceding calendar
year; or
``(ii) the number of calendar years, occurring
before such preceding calendar year, in which the
agreement has been in effect.
``(2) A comparison of the export and import data reported
under subparagraphs (A) and (B) with any forecasts made by the
United States Trade Representative, before the implementation
of the free trade agreement, with respect to such export or
import data for the calendar years with respect to which the
data is reported.
``(3)(A) The number of applications filed, during the
preceding calendar year, for adjustment assistance for workers
and firms under title II of this Act, the number of such
applications that were approved, and the extent to which
adjustment assistance has been provided under such approved
applications, as a result of the free trade agreement,
nationwide, in each State, and by industry.
``(B) A comparison of the data reported under subparagraph
(A) for the preceding calendar year, with such data for the
lesser of--
``(i) the period of 4 calendar years ending on the
day before the first day of such preceding calendar
year; or
``(ii) the number of calendar years, occurring
before such preceding calendar year, in which the
agreement has been in effect.''.
SEC. 3. TERMINATION OF AGREEMENTS OR PORTIONS THEREOF.
Section 125 of the Trade Act of 1974 (19 U.S.C. 2135) is amended by
adding at the end the following:
``(g) Termination of Agreements or Portions Thereof.--
``(1) In general.--A free trade agreement, or a section,
chapter, or other portion of such trade agreement in the case
of a trade agreement that provides for the termination of
sections, chapters, or other portions of the trade agreement in
accordance with section 5 of the Truth, Transparency,
Accountability, and Fairness in Trade Act, shall cease to be
effective with respect to the United States if--
``(A) annual reports submitted under section 163(c)
with respect to the trade agreement show--
``(i) export disruption, which means
declining exports from the United States to,
and rising imports into the United States from,
a country that is party to the trade
agreement--
``(I) in 3 consecutive calendar
years, or
``(II) in 3 calendar years during a
consecutive 5-calendar year period,
overall or for a specific commodity or
industry, as a result of the free trade
agreement, or a section, chapter, or other
portion of such trade agreement, as determined
by the Comptroller General of the United
States;
``(ii) labor disruption, which means an
increase of 5 percent or more in the number of
applications for adjustment assistance for
workers and firms under title II of this Act--
``(I) in each of 3 consecutive
calendar years, or
``(II) in each of 3 calendar years
during a consecutive 5-calendar year
period,
as a result of the free trade agreement, or a
section, chapter, or other portion of such
trade agreement, overall or with respect to a
specific good or industry, as determined by the
Comptroller General of the United States; or
``(iii) trade balance disruption, which
means an increase of 5 percent or more in the
trade deficit of the United States in goods
with respect to a country that is a party to
the free trade agreement--
``(I) in each of 3 consecutive
calendar years, or
``(II) in each of 3 calendar years
during a consecutive 5-calendar year
period,
as a result of the free trade agreement, or a
section, chapter, or other portion of such
trade agreement, as determined by the
Comptroller General of the United States; and
``(B) a termination bill with respect to such free
trade agreement or a section, chapter, or other portion
of such trade agreement, as the case may be, relating
to export disruption, labor disruption, or trade
balance disruption described in clause (i), (ii), or
(iii) of subparagraph (A), is enacted into law.
``(2) Time lines.--The Comptroller General shall, not later
than 30 days after any annual report under section 163(c) is
submitted to Congress with respect to a free trade agreement,
make and submit to Congress a determination of whether or not
export, labor, or trade balance disruption described in
paragraph (1) has occurred with respect to that free trade
agreement.
``(h) Congressional Termination Authority and Procedures.--
``(1) Rules of house of representatives and senate.--This
section is enacted by the Congress--
``(A) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such they are deemed a part of the rules of each
House, respectively, but applicable only with respect
to the procedure to be followed in that House in the
case of termination bill described in subsection (i),
and they supersede other rules only to the extent that
they are inconsistent therewith; and
``(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to that House) at any time, in the same manner
and to the same extent as in the case of any other rule
of that House.
``(2) Introduction and referral.--A termination bill
introduced in the House or the Senate with respect to a free
trade agreement for which a determination of export disruption,
labor disruption, or trade balance disruption has been received
under subsection (g)(1) shall be referred by the Presiding
Officers of the respective Houses to the appropriate committee,
or in the case of a bill containing provisions within the
jurisdictions of two or more committees, jointly to such
committees for consideration of those provisions within their
jurisdiction.
``(3) Amendments prohibited.--No amendment to a termination
bill shall be in order in either the House of Representatives
or the Senate; and no motion to suspend the application of this
subsection shall be in order in either House, nor shall it be
in order in either House for the Presiding Officer to entertain
a request to suspend the application of this subsection by
unanimous consent.
``(4) Period for committee and floor consideration.--
``(A) Except as provided in paragraph (2), if the
committee or committees of either House to which a
termination bill has been referred have not reported it
at the close of the 45th day after its introduction,
such committee or committees shall be automatically
discharged from further consideration of the
termination bill and it shall be placed on the
appropriate calendar. A vote on final passage of the
termination bill shall be taken in each House on or
before the close of the 15th day after the termination
bill is reported by the committee or committees of that
House to which it was referred, or after such committee
or committees have been discharged from further
consideration of the termination bill. If prior to the
passage by one House of a termination bill of that
House, that House receives the same termination bill
from the other House, then--
``(i) the procedure in that House shall be
the same as if no termination bill had been
received from the other House; but
``(ii) the vote on final passage shall be
on the termination bill of the other House.
``(B) For purposes of subparagraph (A), in
computing a number of days in either House, there shall
be excluded any day on which that House is not in
session.
``(5) Floor consideration in the house of
representatives.--
``(A) A motion in the House of Representatives to
proceed to the consideration of a termination bill
shall be highly privileged and not debatable. An
amendment to the motion shall not be in order, nor
shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
``(B) Debate in the House of Representatives on a
termination bill be limited to not more than 20 hours,
which shall be divided equally between those favoring
and those opposing the termination bill. A motion to
further limit debate shall not be debatable. It shall
not be in order to move to recommit a termination bill
or to move to reconsider the vote by which a
termination bill is agreed to or disagreed to.
``(C) Motions to postpone, made in the House of
Representatives with respect to the consideration of a
termination bill, and motions to proceed to the
consideration of other business, shall be decided
without debate.
``(D) All appeals from the decisions of the Chair
relating to the application of the Rules of the House
of Representatives to the procedure relating to a
termination bill shall be decided without debate.
``(E) Except to the extent specifically provided in
the preceding provisions of this subsection,
consideration of a termination bill shall be governed
by the Rules of the House of Representatives applicable
to other bills and resolutions in similar
circumstances.
``(6) Floor consideration in the senate.--
``(A) A motion in the Senate to proceed to the
consideration of a termination bill shall be privileged
and not debatable. An amendment to the motion shall not
be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
``(B) Debate in the Senate on a termination bill,
and all debatable motions and appeals in connection
therewith, shall be limited to not more than 20 hours.
The time shall be equally divided between, and
controlled by, the majority leader and the minority
leader or their designees.
``(C) Debate in the Senate on any debatable motion
or appeal in connection with a termination bill shall
be limited to not more than 1 hour, to be equally
divided between, and controlled by, the mover and the
manager of the bill, except that in the event the
manager of the bill is in favor of any such motion or
appeal, the time in opposition thereto shall be
controlled by the minority leader or his or her
designee. Such leaders, or either of them, may, from
time under their control on the passage of a
termination bill allot additional time to any Senator
during the consideration of any debatable motion or
appeal.
``(D) A motion in the Senate to further limit
debate is not debatable. A motion to recommit a
termination bill is not in order.
``(E) Consideration in the Senate of any veto
message with respect to a termination bill, including
consideration of all debatable motions and appeals in
connection therewith, shall be limited to 10 hours, to
be equally divided between, and controlled by, the
majority leader and the minority leader or their
designee.
``(i) Definition.--For purposes of this section, the term
`termination bill' means only a bill of either House of Congress that
is introduced under subsection (h) with respect to a free trade
agreement, or a section, chapter, or other portion of such trade
agreement, with respect to which a determination by the Comptroller
General of export disruption, labor disruption, or trade balance
disruption has been received under subsection (g)(1) and that
contains--
``(1) a provision terminating, within 6 months after the
date of the enactment of the bill, such free trade agreement,
or section, chapter, or other portion of such trade agreement,
with respect to specific goods or industries, to the extent
that the determination of the Comptroller General applies only
to such goods or industries; and
``(2) if changes in existing laws or new statutory
authorities are required to cancel such free trade agreement or
section, chapter, or other portion of such trade agreement, and
with respect to such goods or industries, provisions necessary
or appropriate to terminate such free trade agreement or
section, chapter, or other portion of such trade agreement, by
repealing or amending existing laws or providing new statutory
authority.
``(j) Future Negotiations.--If a termination bill with respect to a
free trade agreement, or a section, chapter, or other portion of such
trade agreement, is enacted into law, then trade authorities
procedures, or any other form of expedited consideration by either
House of Congress, shall not apply to a free trade agreement, or
section, chapter, or other portion of such trade agreement, that is
renegotiated in substantially the same form as the free trade
agreement, or section, chapter, or other portion of such trade
agreement, that led to the determination of export disruption, labor
disruption, or trade balance disruption under subsection (g)(1) with
respect to which the termination bill was enacted.''.
SEC. 4. RETALIATORY ACTIONS.
Section 301(a)(1) of the Trade Act of 1974 (19 U.S.C. 2411(a)(1))
is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B)(ii), by adding ``or'' after the
semicolon; and
(3) by inserting after subparagraph (B) the following:
``(C) a country that is a party to a free trade
agreement with respect to which a termination bill
under section 125(g) has been enacted into law has
implemented a tariff or nontariff barrier by reason of
such termination bill;''.
SEC. 5. SEVERABILITY REQUIREMENT.
The United States Trade Representative shall ensure that any free
trade agreement entered into on or after the date of the enactment of
this Act is negotiated in a form that provides for the termination with
respect to the United States of specific sections, chapters, or other
portions of the agreement. | Truth, Transparency, Accountability, and Fairness in Trade Act This bill amends the Trade Act of 1974 to require the Department of Labor to make a joint annual report to Congress with the U.S. International Trade Commission on the operation of the trade agreements program during the preceding calendar year, including specified information about each free trade agreement in effect. Any free trade agreement or portion of it that provides for the termination of portions shall cease to be effective with respect to the United States if annual reports on it show as a result of the agreement or a portion of it any: export disruption (declining U.S. exports to, and rising U.S. imports from, a country party to the agreement), either overall or for a specific commodity or industry, in three consecutive calendar years or in three calendar years during a consecutive five-calendar year period; labor disruption (an increase of 5% or more in the number of applications for adjustment assistance for workers and firms), either overall or with respect to a specific good or industry, in each of three consecutive calendar years or in each of three calendar years during a consecutive five-calendar year period; or trade balance disruption (an increase of 5% or more in the U.S. trade deficit in goods with respect to a country party to the agreement) in each of three consecutive calendar years or in each of three calendar years during a consecutive five-calendar year period. A termination bill, relating to such circumstances, must be enacted into law to effect a termination of the free trade agreement or a portion of it. Fast track procedures are prescribed for congressional consideration of a termination bill. The United States Trade Representative shall: take specified enforcement actions against any country party to a free trade agreement if it has implemented a tariff or nontariff barrier by reason of enactment into law of a bill terminating the agreement in whole or in part, and ensure that any free trade agreement entered into on or after enactment of this Act is negotiated in a form that provides for the termination with respect to the United States of specific portions of it. | {"src": "billsum_train", "title": "Truth, Transparency, Accountability, and Fairness in Trade Act"} | 3,324 | 457 | 0.593198 | 1.92275 | 0.749629 | 3.71464 | 7.977667 | 0.91067 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fuel Efficiency Fairness Act of
2004''.
SEC. 2. REPEAL OF PHASEOUT OF CREDIT FOR QUALIFIED ELECTRIC VEHICLES.
(a) In General.--Subsection (b) of section 30 of the Internal
Revenue Code of 1986 is amended by striking paragraph (2) and by
redesignating paragraph (3) as paragraph (2).
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2003.
SEC. 3. REPEAL OF PHASEOUT OF DEDUCTION FOR CLEAN-FUEL VEHICLE
PROPERTY.
(a) In General.--Paragraph (1) of section 179A(b) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) Qualified clean-fuel vehicle property.--The cost
which may be taken into account under subsection (a)(1)(A) with
respect to any motor vehicle shall not exceed--
``(A) in the case of a motor vehicle not described
in subparagraph (B) or (C), $2,000,
``(B) in the case of any truck or van with a gross
vehicle weight rating greater than 10,000 pounds but
not greater than 26,000 pounds, $5,000, or
``(C) $50,000 in the case of--
``(i) a truck or van with a gross vehicle
weight rating greater than 26,000 pounds, or
``(ii) any bus which has a seating capacity
of at least 20 adults (not including the
driver).''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2003.
SEC. 4. EXCEPTION FOR HYBRID VEHICLES FROM LIMITATION ON DEPRECIATION
OF CERTAIN LUXURY VEHICLES.
(a) In General.--Subparagraph (B) of section 280F(d)(5) 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 ``, and'', and by adding at the end the following new clause:
``(iv) any new qualified hybrid motor
vehicle.''.
(b) New Qualified Hybrid Motor Vehicle.--Subsection (d) of section
280F of such Code is amended by adding at the end the following new
paragraph:
``(11) New qualified hybrid motor vehicle.--
``(A) The term `qualified hybrid motor vehicle'
means a passenger automobile (determined without regard
to paragraph (5)(B)(iv))--
``(i) which is acquired for use or lease by
the taxpayer and not for resale,
``(ii) which is made by a manufacturer,
``(iii) which draws propulsion energy
from--
``(I) an internal combustion or
heat engine using combustible fuel, and
``(II) a rechargeable onboard
energy storage system which operates at
no less than 100 volts and which
provides a percentage of maximum
available power of at least 5 percent,
``(iv) which has received a certificate
that such vehicle meets or exceeds the Bin 5
Tier II emission level established in
regulations prescribed by the Administrator of
the Environmental Protection Agency under
section 202(i) of the Clean Air Act for that
make and model year vehicle, and
``(v) which achieves at least 125 percent
of the average 2002 model year city fuel
economy in the vehicle inertia weight classes
for the category of passenger automobile, light
duty truck, or medium duty passenger vehicle
(as defined and determined by the Environmental
Protection Agency) to which it belongs.
``(B) Vehicle inertia weight classes.--For purposes
of subparagraph (A)(v), the vehicle inertial weight
classes are--
``(i) 1,500 and 1,750 pounds (calculated
based on the 1,750 pound weight class),
``(ii) 2,000 pounds,
``(iii) 2,250 pounds,
``(iv) 2,500 pounds,
``(v) 2,750 pounds,
``(vi) 3,000 pounds,
``(vii) 3,500 pounds,
``(viii) 4,000 pounds,
``(ix) 4,500 pounds,
``(x) 5,000 pounds,
``(xi) 5,500 pounds, and
``(xii) 6,000 pounds.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2003. | Fuel Efficiency Fairness Act of 2004 - Amends the Internal Revenue Code to: (1) repeal the phaseout of the tax credit for qualified electric vehicles; (2) repeal the phaseout of the tax deduction for qualified clean-fuel vehicle property; and (3) exempt new qualified hybrid motor vehicles from the limitations on the depreciation of luxury automobiles. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the phaseout of the credit for qualified electric vehicles, to repeal the phaseout of the deduction for clean-fuel vehicle property, and to exempt certain hybrid vehicles from the limitation on the depreciation of certain luxury automobiles."} | 1,066 | 73 | 0.547184 | 1.221468 | 0.647603 | 2.432836 | 13.776119 | 0.880597 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal Leasing Amendments Act of
2005''.
SEC. 2. FINANCIAL ASSURANCES WITH RESPECT TO BONUS BIDS.
Section 2(a) of the Mineral Leasing Act (30 U.S.C. 201(a)) is
amended by adding at the end the following:
``(4)(A) The Secretary shall not require a surety bond or any other
financial assurance to guarantee payment of deferred bonus bid
installments with respect to any coal lease issued on a cash bonus bid
to a lessee or successor in interest having a history of a timely
payment of noncontested coal royalties and advanced coal royalties in
lieu of production (where applicable) and bonus bid installment
payments.
``(B) The Secretary may waive any requirement that a lessee provide
a surety bond or other financial assurance for a coal lease issued
before the date of enactment of this paragraph only if the Secretary
determines that the lessee has a history of making the timely payments
described in subparagraph (A).
``(5) Notwithstanding any other provision of law, if the lessee
under a coal lease fails to pay any installment of a deferred cash
bonus bid within 10 days after the Secretary provides written notice
that payment of the installment is past due--
``(A) the lease shall automatically terminate; and
``(B) any bonus payments already made to the United States
with respect to the lease shall not be returned to the lessee
or credited in any future lease sale.''.
SEC. 3. MINING PLANS.
Section 2(d)(2) of the Mineral Leasing Act (30 U.S.C. 202a(2)) is
amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) The Secretary may establish a period of more than 40 years if
the Secretary determines that the longer period--
``(i) will ensure the maximum economic recovery of a coal
deposit; or
``(ii) is in the interest of the orderly, efficient, or
economic development of a coal resource.''.
SEC. 4. REPEAL OF THE 160-ACRE LIMITATION FOR COAL LEASES.
Section 3 of the Mineral Leasing Act (30 U.S.C. 203) is amended in
the first sentence by striking ``such lease,'' and all that follows
through the period at the end and inserting ``the lease.''.
SEC. 5. PAYMENT OF ADVANCE ROYALTIES UNDER COAL LEASES.
(a) In General.--Section 7 of the Mineral Leasing Act of 1920 (30
U.S.C. 207) is amended by striking subsection (b) and inserting the
following:
``(b)(1) Each lease shall be subject to the condition of diligent
development and continued operation of the mine, except in cases in
which operations under the lease are interrupted by strikes, the
elements, or casualties not attributable to the lessee.
``(2)(A) The Secretary of the Interior may suspend the condition of
continued operation on the payment of advance royalties if the
Secretary of the Interior determines that the suspension is in the
public interest.
``(B) The amount of advance royalties to be paid under subparagraph
(A) shall be determined based on--
``(i)(I) the average price in the spot market for sales of
coal from the same region during the last month of each
applicable continued operation year; or
``(II) if there is no spot market for coal from the same
region, a comparable method established by the Secretary of the
Interior to capture the commercial value of coal; and
``(ii) based on commercial quantities, as defined by
regulations issued by the Secretary of the Interior.
``(C) Advance royalties may be accepted in lieu of the condition of
continued operation for not more than a total of 20 years during the
initial term and any extended terms of a lease.
``(3)(A) Subject to subparagraph (B), the amount of a production
royalty paid for any year shall be reduced by the amount of any advance
royalties paid under the lease to the extent that the advance royalties
have not been used to reduce production royalties for a prior year.
``(B) The amount of a production royalty shall not be reduced below
zero.
``(4) This subsection applies to any lease or logical mining unit
that is--
``(A) in existence on the date of enactment of this
paragraph; or
``(B) issued or approved after the date of enactment of
this paragraph.
``(5) Nothing in this subsection affects the requirement in the
second sentence of subsection (a) relating to commencement of
production at the end of 10 years.''.
(b) Authority to Waive, Suspend, or Reduce Advance Royalties.--
Section 39 of the Mineral Leasing Act (30 U.S.C. 209) is amended by
striking the last sentence.
SEC. 6. ELIMINATION OF DEADLINE FOR SUBMISSION OF COAL LEASE OPERATION
AND RECLAMATION PLAN.
Section 7(c) of the Mineral Leasing Act (30 U.S.C. 207(c)) is
amended in the first sentence by striking ``and not later than three
years after a lease is issued,''.
SEC. 7. INVENTORY REQUIREMENT.
(a) Definitions.--In this section:
(1) Compliant coal.--The term ``compliant coal'' means coal
that contains not less than 1.0 and not more than 1.2 pounds of
sulfur dioxide per million Btu.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Supercompliant coal.--The term ``supercompliant coal''
means coal that contains less than 1.0 pounds of sulfur dioxide
per million Btu.
(b) Review of Assessments; Inventory.--The Secretary, in
consultation with the Secretary of Agriculture and the Secretary of
Energy, shall review coal assessments and other available data for
purposes of preparing an inventory that identifies--
(1) public land with coal resources;
(2) the extent and nature of any restrictions or
impediments to the development of coal resources on the public
land identified under paragraph (1); and
(3) with respect to areas of the identified public land for
which sufficient data exists, resources of compliant coal and
supercompliant coal.
(c) Completion and Updates of Inventory.--
(1) Completion.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete the
inventory required under subsection (b).
(2) Updates.--The Secretary shall update the inventory
prepared under subsection (b) as the availability of data and
developments in technology warrant.
(d) Report.--The Secretary shall submit to the Committee on
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate and make publicly available--
(1) on completion of the inventory required under
subsection (b), a report that includes the inventory; and
(2) any updates of the inventory prepared under subsection
(c)(2).
SEC. 8. APPLICATION OF AMENDMENTS.
The amendments made by this Act apply with respect to any coal
lease issued before, on, or after the date of enactment of this Act. | Coal Leasing Amendments Act of 2005 - Amends the Mineral Leasing Act to prohibit the Secretary of the Interior from requiring a surety bond or any other financial assurance to guarantee payment of deferred bonus bid installments regarding any coal lease issued on a cash bonus bid to certain lessees or successors in interest having a history of timely payments of noncontested coal royalties and advanced coal royalties in lieu of production (where applicable) and bonus bid installment payments.
Authorizes the Secretary to establish a mining plan period of more than 40 years upon a determination that the longer period: (1) will ensure the maximum economic recovery of a coal deposit; or (2) is in the interest of the orderly, efficient, or economic development of a coal resource.
Repeals the 160-acre limitation placed upon coal leases.
Revises the statutory formula for the payment of advance royalties. Extends from ten years to twenty years the lease term for which advance royalties may be accepted in lieu of the condition of continued operation.
Eliminates the deadline for submission of a coal lease operation and reclamation plan.
Requires the Secretary to review and identify for Congress coal assessments on public lands and the restrictions or impediments to development of those resources. | {"src": "billsum_train", "title": "A bill to amend the Mineral Leasing Act to promote the development of Federal coal resources."} | 1,648 | 276 | 0.712324 | 2.083618 | 0.91414 | 4.892241 | 6.400862 | 0.892241 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Liability Reform for Volunteer
Services Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the increasingly litigious nature of the legal
profession in the United States has created an unnecessary and
ultimately harmful barrier between the traditional desire of
individuals to help other individuals and their ability to act
on those desires;
(2) the cost of lawsuits, excessive, unpredictable, and
often arbitrary damage awards, and unfair allocations of
liability have a direct and chilling effect on the spirit of
volunteerism and the provision of charitable service in the
United States;
(3) arbitrary and capricious damage awards against
volunteers and charitable institutions have contributed
considerably to the high cost of liability insurance, making it
difficult and often impossible for volunteers and volunteer
service organizations to be protected from liability as those
volunteers and many volunteer service organizations serve the
public without regard to receiving any personal or
institutional economic benefits from that service;
(4) as a result, volunteer service organizations throughout
the United States have been adversely affected and often
debilitated as volunteers have refused to help because of a
fear of frivolous lawsuits;
(5) without a resurgence in volunteerism, the essential
services that volunteer service organizations provide,
including crisis counseling, volunteer rescue services, coaches
and referees for sports activities of children, and support for
the elderly, will continue to diminish;
(6) clarifying and limiting the personal liability risks
assumed by individuals and institutions who volunteer to help
others without benefit to themselves is an appropriate subject
for Federal legislation because--
(A) of the national scope of the problems created
by the legitimate fears of volunteers about frivolous,
arbitrary, or capricious lawsuits; and
(B) the citizens of the United States depend on,
and the Federal Government expends funds on, numerous
social programs that depend on the services of
volunteers; and
(C) it is in the interest of the Federal Government
to encourage the continued operation of volunteer
service organizations and contributions of volunteers
because the Federal Government lacks the capacity to
carry out all of the services provided by such
organizations and volunteers; and
(7) liability reform for volunteer service organizations
will promote the free flow of goods and services, lessen
burdens on interstate commerce and uphold constitutionally
protected due process rights and that liability reform is thus
an appropriate use of the powers contained in article I,
section 8, clause 3 of the United States Constitution, and the
fourteenth amendment to the United States Constitution.
(b) Purposes.--The purposes of this Act are to provide protection
from personal financial liability for volunteers and volunteer service
organizations that provide volunteer services that are conducted in
good faith--
(1) to promote the interests of social service program
beneficiaries and taxpayers; and
(2) to sustain the availability of programs, volunteer
service organizations, and governmental entities that depend on
volunteer contributions and services; and
(3) to provide the protection by--
(A) placing reasonable limits on punitive damages;
(B) ensuring the fair allocation of liability in
certain civil actions; and
(C) establishing greater fairness, rationality, and
predictability in the civil justice system of the
United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Claimant.--
(A) In general.--The term ``claimant'' means any
person who asserts a claim for damages in an action
covered by this Act and any person on whose behalf such
a claim is asserted.
(B) Claimants for certain claims.--If a claim
described in subparagraph (A) is asserted through or on
behalf of--
(i) an estate, the term includes the
claimant's decedent; or
(ii) a minor or incompetent, the term
includes the claimant's legal guardian.
(2) Clear and convincing evidence.--
(A) In general.--The term ``clear and convincing
evidence'' is that measure or degree of proof that will
produce in the mind of the trier of fact a firm belief
or conviction as to the truth of the allegations sought
to be established.
(B) Degree of proof.--The degree of proof required
to satisfy the standard of clear and convincing
evidence shall be--
(i) greater than the degree of proof
required to meet the standard of preponderance
of the evidence; and
(ii) less than the degree of proof required
to meet the standard of proof beyond a
reasonable doubt.
(3) Compensatory damages.--The term ``compensatory
damages'' means damages awarded for economic and noneconomic
loss.
(4) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment opportunities)
to the extent recovery for such loss is allowed under
applicable State law.
(5) Harm.--The term ``harm'' means--
(A) any physical injury, illness, disease, or
death;
(B) damage to property; or
(C) economic loss, including any direct or
consequential economic loss.
(6) Health care provider.--The term ``health care
provider'' means any person, organization, or institution
that--
(A) is engaged in the delivery of health care
services in a State; and
(B) is required by the applicable laws (including
regulations) of a State to be licensed, registered, or
certified by the State to engage in the delivery of
health care services in the State.
(7) Noneconomic loss.--The term ``noneconomic loss'' means
subjective, nonmonetary loss resulting from harm, including
pain, suffering, inconvenience, mental suffering, emotional
distress, loss of society and companionship, loss of
consortium, injury to reputation, and humiliation.
(8) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity (including any
governmental entity).
(9) Punitive damages.--The term ``punitive damages'' means
damages awarded against any person to punish or deter that
person or any other person, from engaging in similar behavior
in the future.
(10) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the Virgin Islands,
Guam, American Samoa, and any other territory or possession of
the United States or any political subdivision of any of the
foregoing.
(11) Volunteer service organization.--The term ``volunteer
service organization'' means a not-for-profit organization
(other than a health care provider) organized and conducted for
public benefit and operated primarily for charitable, civic,
educational, religious, welfare, or health purposes.
(12) Volunteer services.--The term ``volunteer services''
means services provided, in good faith, without compensation or
other pecuniary benefit (other than reimbursement of expenses
incurred in providing such services) inuring to the benefit of
the service provider or any other person (other than the
recipient of the volunteer service), and within the scope of
the official functions and duties of the service provider with
a volunteer service organization or governmental entity.
SEC. 4. APPLICABILITY.
(a) In General.--
(1) Covered claims.--Subject to paragraph (2), this Act
governs any claim for damages in any civil action brought in
any State or Federal court in any case in which the claim
relates to--
(A) volunteer services performed by the defendant
for a governmental entity or a volunteer service
organization; or
(B) activities or services performed by a volunteer
service organization.
(2) Actions excluded.--The limitations on damages contained
in this Act shall not apply in any action described in
subparagraph (A) or (B) of paragraph (1) in any case in which--
(A) the misconduct for which damages are awarded --
(i) constitutes a crime of violence (as
that term is defined in section 16 of title 18,
United States Code) or an act of international
terrorism (as that term is defined in section
2331(1) of title 18, United States Code) for
which the defendant has been convicted in any
court;
(ii) constitutes a hate crime (as that term
is used in the Hate Crime Statistics Act (28
U.S.C. 534 note)) for which the defendant has
been convicted in any court;
(iii) involves a sexual offense, as defined
by applicable State law, for which the
defendant has been convicted in any court; or
(iv) involves misconduct for which the
defendant has been found to have violated a
Federal or State civil rights law for which the
defendant has been convicted in any court; or
(B) the defendant was found to be under the
influence (as determined pursuant to applicable State
law) of intoxicating alcohol or any drug, at the time
of the misconduct for which damages are awarded and
such influence was a proximate cause of the harm that
is the subject of the action.
(b) Relationship to State Law.--This Act supersedes State law only
to the extent that State law applies to an issue covered by this Act.
Any issue (including any standard of liability) that is not governed by
this Act shall be governed by otherwise applicable State or Federal
law.
(c) Effect on Other Law.--Nothing in this Act shall be construed
to--
(1) waive or affect any defense of sovereign immunity
asserted by any State under any law;
(2) supersede or alter any other Federal law;
(3) waive or affect any defense of sovereign immunity
asserted by the United States;
(4) affect the applicability of any provision of chapter 97
of title 28, United States Code;
(5) preempt State choice-of-law rules with respect to
claims brought by a foreign nation or a citizen of a foreign
nation;
(6) affect the right of any court to transfer venue or to
apply the law of a foreign nation or to dismiss a claim of a
foreign nation or of a citizen of a foreign nation on the
ground of inconvenient forum; or
(7) supersede or modify any statutory or common law,
including any law providing for an action to abate a nuisance,
that authorizes a person to institute an action for civil
damages or civil penalties, cleanup costs, injunctions, restitution,
cost recovery, punitive damages, or any other form of relief for
remediation of the environment (as defined in section 101(8) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601(8)).
SEC. 5. UNIFORM STANDARD FOR AWARD OF PUNITIVE DAMAGES.
Punitive damages may, to the extent permitted by applicable State
or Federal law, be awarded against a defendant if the claimant
establishes by clear and convincing evidence that conduct carried out
by the defendant with a conscious, flagrant indifference to the rights
or safety of others was the proximate cause of the harm that is the
subject of the action in any civil action for a claim described in
subparagraph (A) or (B) of section 4(a)(1).
SEC. 6. LIMITATION ON THE AMOUNT OF PUNITIVE DAMAGES.
The amount of punitive damages that may be awarded in an action
described in section 5 shall not exceed the lesser of--
(1) twice the sum of the amounts awarded to the claimant
for economic loss and noneconomic loss; or
(2) $250,000.
SEC. 7. PREEMPTION.
(a) In General.--This Act does not--
(1) create a cause of action for punitive or compensatory
damages; or
(2) preempt or supersede any State or Federal law to the
extent that such law further limits the amount of an award of
punitive or compensatory damages.
(b) Remittitur.--Nothing in this section shall modify or reduce the
ability of courts to grant a remittitur.
SEC. 8. APPLICATION BY COURT.
The application of the limitation imposed by section 6 may not be
disclosed to a jury by a court. Nothing in this section authorizes the
court to enter an award of punitive damages in excess of the initial
award of punitive damages awarded by a jury.
SEC. 9. BIFURCATION AT REQUEST OF ANY PARTY.
(a) In General.--At the request of any party the trier of fact, in
any action for punitive damages that is subject to this Act, shall
consider in a separate proceeding, held subsequent to the determination
of the amount of compensatory damages, whether punitive damages are to
be awarded for the harm that is the subject of the action and the
amount of the award.
(b) Inadmissibility of Evidence Relevant Only to a Claim of
Punitive Damages in a Proceeding Concerning Compensatory Damages.--If
any party requests a separate proceeding under subsection (a), in a
proceeding to determine whether the claimant may be awarded
compensatory damages, any evidence, argument, or contention that is
relevant only to the claim of punitive damages, as determined by
applicable State law, shall be inadmissible.
SEC. 10. LIABILITY FOR COMPENSATORY DAMAGES.
(a) General Rule.--In any action described in subparagraph (A) or
(B) of section 4(a)(1) brought against more than one defendant, the
liability of each defendant for compensatory damages shall be
determined in accordance with this section.
(b) Amount of Liability for Compensatory Damages.--
(1) In general.--Each defendant shall be liable only for
the amount of compensatory damages allocated by the trier of
fact to the defendant in direct proportion to the percentage of
responsibility of the defendant (determined in accordance with
paragraph (2)) for the harm to the claimant with respect to
which the defendant is found to be liable. The court shall
render a separate judgment against each defendant in an amount
determined pursuant to the preceding sentence.
(2) Percentage of responsibility.--For purposes of
determining the amount of compensatory damages allocated to a
defendant under this section, the trier of fact in an action
described in subsection (a) shall determine the percentage of
responsibility of each person responsible for the harm to the
claimant, without regard to whether that person is party to the
action. | Liability Reform for Volunteer Services Act - Applies provisions of this Act to claims for damages in any Federal or State court civil action relating to: (1) volunteer services performed by the defendant for either a governmental entity or a volunteer service organization; or (2) activities or services performed by a volunteer service organization.
Allows punitive damages to be awarded against such a defendant if the claimant establishes by clear and convincing evidence that the defendant's conduct exhibited a conscious, flagrant indifference to the rights or safety of others and was the proximate cause of the harm that is the subject of the action. Limits the amount of punitive damages to the lesser of: (1) twice the sum of the amounts awarded for economic and noneconomic loss; or (2) $250,000.
States that this Act does not create a cause of action or preempt or supersede any Federal or State law that further limits the amount of awards for punitive or compensatory damages in such a cause of action.
Prohibits the disclosure to a jury of the punitive damages limitations of this Act.
Requires, at the request of any party, the question of punitive damages to be considered in a separate proceeding after the determination of compensatory damages. Prohibits the admission of evidence concerning punitive damages during a separate action considering only compensatory damages.
Requires, in an action brought against more than one defendant, each defendant to be liable only for the amount of compensatory damages allocated to that defendant by the trier of fact in direct proportion to the percentage of responsibility for the harm for which the defendant is found liable. Requires a separate judgment against each defendant in such cases. | {"src": "billsum_train", "title": "Liability Reform for Volunteer Services Act"} | 3,195 | 371 | 0.477575 | 1.664118 | 0.727429 | 3.903125 | 9.25625 | 0.928125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Safety and Child Protection
Act of 2005''.
SEC. 2. PURPOSE.
The purpose of this Act is to--
(1) set tighter age verification standards to block minors
from entering Internet pornography sites; and
(2) provide funding and support to law enforcement efforts
to combat Internet and pornography-related crimes against
children.
TITLE I--CHILD PROTECTION EFFORTS
SEC. 101. AGE VERIFICATION REQUIREMENT.
(a) In General.--An operator of a regulated pornographic Web site
shall verify that any user attempting to access their site is 18 years
of age or older using software certified for that purpose by the
Commission.
(b) Requirement.--The age verification required by this section
shall take place prior to the display of any pornographic material,
including free content that may be available prior to the purchase of a
subscription or product.
SEC. 102. CREDIT CARD REQUIREMENT.
A bank, credit card company, third-party merchant, Internet payment
service provider, or business that performs financial transactions for
a regulated pornographic Web site shall only process age-verified
Internet pornography credit card transactions for sales carried out in
accordance with this title.
SEC. 103. COMMISSION REQUIREMENT.
The Commission shall--
(1) require each regulated pornographic Web site to--
(A) use appropriate age-screening software to carry
out this title; and
(B) use that software correctly and consistently
through such means as conducting periodic tests trying
to access the Web site without appropriate age
verifications; and
(2) in coordination with the Department of Justice and
other Federal agencies, maintain a list of regulated
pornographic Web sites that are not in compliance with section
101.
SEC. 104. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of section
101 shall be treated as a violation of section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or
practices.
(b) Powers of Commission.--The Commission shall issue and enforce
the regulations for the enforcement of section 101 in the same manner,
by the same means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this title. Any person who violates such regulations shall be
subject to the penalties provided in that title.
SEC. 105. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Regulated pornographic web site.--The term ``regulated
pornographic Web site'' means a person required to maintain
documents verifying the age of persons engaged in sexually
explicit conduct pursuant to section 2257(a) of title 18,
United States Code.
TITLE II--FUNDING FOR CHILD PROTECTION
Subtitle A--Excise Tax
SEC. 201. EXCISE TAX ON INTERNET DISPLAY OR DISTRIBUTION OF
PORNOGRAPHY.
(a) In General.--Chapter 33 of the Internal Revenue Code of 1986
(relating to facilities and services) is amended by inserting after
subchapter C the following new subchapter:
``Subchapter D--Internet Display or Distribution of Pornography
``Sec. 4285. Internet display or distribution of pornography.
``SEC. 4285. INTERNET DISPLAY OR DISTRIBUTION OF PORNOGRAPHY.
``(a) Imposition of Tax.--There is imposed on amounts charged by a
regulated pornographic Web site for individuals to receive the display
or distribution of pornography through the Internet a tax equal to 25
percent of the amounts so charged.
``(b) Payment of Tax.--The tax imposed by this section shall be
paid by the operator of the regulated pornographic Web site receiving
payment for the display or distribution taxed under subsection (a).
``(c) Definitions.--In this section:
``(1) Pornography.--The term `pornography' has the same
meaning as defined in section 2256(2) of title 18, United
States Code.
``(2) Regulated pornographic web site.--The term `regulated
pornographic Web site' has the same meaning as defined in
section 105 of the Internet Safety and Child Protection Act of
2005.''.
(b) Conforming Amendment.--The table of subchapters for chapter 33
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new item:
``subchapter d--internet display or distribution of pornography''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2006.
Subtitle B--Child Protection Programs
SEC. 211. TRUST FUND.
(a) In General.--There is established in the Treasury the Internet
Safety and Child Protection Trust Fund (referred to in this subtitle as
the ``trust fund'') into which shall be deposited all taxes collected
under section 4285 of the Internal Revenue Code of 1986.
(b) Availability of Amounts.--Amounts deposited into the trust fund
shall be available to carry out the programs provided in section 212,
subject to annual appropriations.
SEC. 212. FUNDING FOR CHILD INTERNET SAFETY AND PROTECTION PROGRAMS.
(a) Priorities.--Amounts available in the trust fund shall be
allocated on a priority basis as follows:
(1) Enforcement of this act.--The first priority for the
use of amounts in the trust fund shall be to provide funding
for the appropriate Federal agencies to carry out the
enforcement of sections 103, 104, and 201 of this Act. Funding
may also be used to promote the development of technology that
would facilitate the enforcement of this Act.
(2) Department of justice cyber tip-line.--The second
priority for the use of amounts in the trust fund shall be to
provide funds to the Office of Juvenile Justice and Delinquency
Prevention to ensure that the congressionally-mandated cyber
tip line is fully operational and staffed 24 hours a day.
(3) Internet crimes against children task force.--The third
priority for the use of amounts in the trust fund shall be to
provide funds to States to support 1 Internet Crimes Against
Children Task Force center per 5,000,000 State residents, with
each State receiving sufficient funding to support at least 1
center and no State receiving funding for more than 7 centers.
(4) Research and development grants.--
(A) In general.--The fourth priority for the use of
amounts in the trust fund is to establish a competitive
grant process for companies and other organizations who
work in the technology field to support the research
and development into new filtering technologies that
will help parents control children's access to
inappropriate content via wireless and other emerging
technologies.
(B) Set aside.--The Attorney General shall allocate
up to 10 percent of annual trust fund revenues to award
a minimum of 15 research and development grants under
this paragraph.
(5) Educational training.--
(A) In general.--The fifth priority for the use of
amounts in the trust fund shall be to provide relevant
State agencies with funds to support educational
training contributing to greater child Internet safety
and reductions in sex trafficking and sex crimes
against children.
(B) Conditions.--The program authorized by this
paragraph shall be carried out subject to the following
conditions:
(i) States shall receive funding amounting
to $1 for every resident, with a minimum of
$1,000,000 for each State.
(ii) 25 percent of each State's funding
shall go to the State education agency to
support State and local programs providing
child Internet safety training to teachers.
(iii) 30 percent of each State's funding
shall go to the State Attorneys' General office
to support child Internet safety training for
law enforcement, as well as training that
enhances the capacity of law enforcement to
combat sex trafficking and sex crimes against
children.
(iv) 10 percent of each State's funding
shall be allocated to the Governor's office to
develop and implement a coordinated State child
internet safety strategy.
(v) 35 percent of the State funding shall
go to the relevant State agency to support
Public Service Announcements promoting child
Internet safety.
(6) Remaining amounts.--After fully funding the priorities
established in paragraphs (1) through (5) for a fiscal year any
remaining amounts shall be allocated as follows:
(A) Federal agency support.--50 percent of
remaining amounts shall be used to provide funding to
support child Internet safety activities, as well as
activities combating sex trafficking and sex crimes
against children, on the part of the following Federal
Agencies:
(i) Department of Justice.
(ii) Department of Commerce.
(iii) Department of Defense.
(iv) Department of Education.
(v) Department of Health and Human
Services.
(vi) Department of State.
(vii) Department of Homeland Security.
(viii) Department of the Treasury.
(ix) Department of Agriculture.
(x) United States Postal Service.
(xi) Federal Trade Commission.
(xii) Federal Communications Commission.
(xiii) National Aeronautics and Space
Administration.
(B) Private entities.--
(i) In general.--50 percent of remaining
amounts shall be allocated through a
competitive grant process to international and
domestic nongovernmental organizations and not-
for profits, to support work promoting child
Internet safety and combating sex trafficking
and sex crimes against children.
(ii) Details.--The Attorney General shall--
(I) publish guidance in the Federal
Register describing the variety and
scope of organizational work to be
funded under this subparagraph in a
fiscal year and soliciting grant
proposals under this subparagraph; and
(II) allocate funds on the basis of
a competitive grant process.
(iii) Funding limit.--For every $1
allocated for international work under this
subparagraph, the Attorney General shall
allocate $2.5 dollars for domestic work.
(b) Grant Programs.--
(1) In general.--The Attorney General shall carry out this
section.
(2) Terms and conditions.--The Attorney General shall
prescribe the terms and conditions for grant applications and
awards under this section.
SEC. 213. DEFICIT REDUCTION.
Amounts remaining in the trust fund after the programs authorized
in section 212 are funded shall be returned to the Treasury and applied
to deficit reduction. | Internet Safety and Child Protection Act of 2005 - Requires: (1) an operator of a regulated pornographic website to verify (using Federal Trade Commission (FTC)-certified software) that any user attempting to access its site is age 18 or older; (2) a bank, credit card company, third-party merchant, Internet payment service provider, or business that performs financial transactions for such a website to only process age-verified Internet pornography credit card transactions; (3) the FTC to require use of appropriate age-screening software and maintain a list of websites that do not comply; and (4) violations of the age verification requirement to be treated as a Federal Trade Commission Act violation.
Amends the Internal Revenue Code to impose upon the operator of a regulated pornographic website for any Internet pornography display or distribution a tax equal to 25 percent of the amounts charged.
Establishes in the Treasury the Internet Safety and Child Protection Trust Fund into which such taxes shall be deposited. Requires Fund amounts to be allocated (in order of priority) for: (1) federal agencies to enforce this Act; (2) the Office of Juvenile Justice and Delinquency Prevention to ensure that the cyber tip line is fully operational and staffed 24 hours a day; (3) states to support Internet Crimes Against Children Task Forces; (4) companies to support research and development into new filtering technologies; (5) state agencies to support educational training; and (6) specified federal agencies, nongovernmental organizations, and nonprofits to support child Internet safety activities, including combating sex trafficking and sex crimes against children. | {"src": "billsum_train", "title": "To protect children from Internet pornography and support law enforcement and other efforts to combat Internet and pornography-related crimes against children."} | 2,388 | 349 | 0.595492 | 1.836808 | 0.777785 | 4.00974 | 6.808442 | 0.931818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nanotechnology Regulatory Science
Act of 2011''.
SEC. 2. NANOTECHNOLOGY PROGRAM.
Chapter X 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. 1013. NANOTECHNOLOGY REGULATORY SCIENCE PROGRAM.
``(a) In General.--Not later than 180 days after the date of
enactment of the Nanotechnology Regulatory Science Act of 2011, the
Secretary, in consultation with the Secretary of Agriculture, shall
establish within the Food and Drug Administration a program for the
scientific investigation of nanomaterials included or intended for
inclusion in products regulated under this Act, to address the
potential toxicology of such materials, the effects of such materials
on biological systems, and interaction of such materials with
biological systems.
``(b) Program Purposes.--The purposes of the program established
under subsection (a) shall be to--
``(1) assess scientific literature and data on general
nanomaterials interactions with biological systems and on
specific nanomaterials of concern to Food and Drug
Administration;
``(2) in cooperation with other Federal agencies, develop
and organize information using databases and models that will
facilitate the identification of generalized principles and
characteristics regarding the behavior of classes of
nanomaterials with biological systems;
``(3) promote intramural Food and Drug Administration
programs and participate in collaborative efforts, to further
the understanding of the science of novel properties at the
nanoscale that might contribute to toxicity;
``(4) promote and participate in collaborative efforts to
further the understanding of measurement and detection methods
for nanomaterials;
``(5) collect, synthesize, interpret, and disseminate
scientific information and data related to the interactions of
nanomaterials with biological systems;
``(6) build scientific expertise on nanomaterials within
such Administration, including field and laboratory expertise,
for monitoring the production and presence of nanomaterials in
domestic and imported products regulated under this Act;
``(7) ensure ongoing training, as well as dissemination of
new information within the centers of such Administration, and
more broadly across such Administration, to ensure timely,
informed consideration of the most current science;
``(8) encourage such Administration to participate in
international and national consensus standards activities; and
``(9) carry out other activities that the Secretary
determines are necessary and consistent with the purposes
described in paragraphs (1) through (8).
``(c) Program Administration.--
``(1) Program manager.--In carrying out the program under
this section, the Secretary, acting through the Commissioner of
Food and Drugs, shall designate a program manager who shall
supervise the planning, management, and coordination of the
program.
``(2) Duties.--The program manager shall--
``(A) develop a detailed strategic plan for
achieving specific short- and long-term technical goals
for the program;
``(B) coordinate and integrate the strategic plan
with activities by the Food and Drug Administration and
other departments and agencies participating in the
National Nanotechnology Initiative; and
``(C) develop intramural Food and Drug
Administration programs, contracts, memoranda of
agreement, joint funding agreements, and other
cooperative arrangements necessary for meeting the
long-term challenges and achieving the specific
technical goals of the program.
``(d) Reports.--Not later than March 15, 2014, the Secretary shall
submit to Congress a report on the program carried out under this
section. Such report shall include--
``(1) a review of the specific short- and long-term goals
of the program;
``(2) an assessment of current and proposed funding levels
for the program, including an assessment of the adequacy of
such funding levels to support program activities; and
``(3) a review of the coordination of activities under the
program with other departments and agencies participating in
the National Nanotechnology Initiative.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $15,000,000 for fiscal year
2013, $16,000,000 for fiscal year 2014, and $17,000,000 for fiscal year
2015. Amounts appropriated pursuant to this subsection shall remain
available until expended.''. | Nanotechnology Regulatory Science Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require the Secretary of Health and Human Services (HHS) to establish within the Food and Drug Administration (FDA) a program for the scientific investigation of nanomaterials included or intended for inclusion in products regulated under the FFDCA to address: (1) the potential toxicology of such materials; (2) the effects of such materials on biological systems; and (3) the interaction of such materials with biological systems. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to establish a nanotechnology regulatory science program."} | 922 | 111 | 0.609767 | 1.526975 | 1.503041 | 4.37 | 8.84 | 0.91 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ovarian Cancer Biomarker Research
Act of 2007''.
SEC. 2. GRANTS FOR ESTABLISHMENT AND OPERATION OF RESEARCH CENTERS FOR
THE STUDY OF OVARIAN CANCER BIOMARKERS.
Subpart 1 of part C of the Public Health Service Act is amended by
adding at the end the following new section:
``SEC. 417E. GRANTS FOR ESTABLISHMENT AND OPERATION OF RESEARCH CENTERS
FOR THE STUDY OF OVARIAN CANCER BIOMARKERS.
``(a) In General.--The Director of the Institute, in consultation
with the directors of other relevant institutes and centers of the
National Institutes of Health and the Department of Defense Ovarian
Cancer Research Program, shall enter into cooperative agreements with,
or make grants to, public or nonprofit entities to establish and
operate centers to conduct research on biomarkers for use in risk
stratification for, and the early detection and screening of, ovarian
cancer, including fallopian tube cancer or primary peritoneal cancer.
Each center shall be known as an Ovarian Cancer Biomarker Center of
Excellence.
``(b) Research Funded.--Federal payments made under a cooperative
agreement or grant under subsection (a) may be used for research on any
of the following:
``(1) The development and characterization of new
biomarkers, and the refinement of existing biomarkers, for
ovarian cancer.
``(2) The clinical and laboratory validation of such
biomarkers, including technical development, standardization of
assay methods, sample preparation, reagents, reproducibility,
portability, and other refinements.
``(3) The development and implementation of clinical and
epidemiological research on the utilization of biomarkers for
the early detection and screening of ovarian cancer.
``(4) The development and implementation of repositories
for new tissue, urine, serum, and other biological specimens
(such as ascites and pleural fluids).
``(c) First Agreement or Grant.--Not later than 1 year after the
date of the enactment of this section, the Director of the Institute
shall enter into the first cooperative agreement or make the first
grant under this section.
``(d) Availability of Banked Specimens.--The Director of the
Institute shall make available for research conducted under this
section banked serum and tissue specimens from clinical research
regarding ovarian cancer that was funded by the Department of Health
and Human Services.
``(e) Report.--Not later than the end of fiscal year 2009, and
annually thereafter, the Director of the Institute shall submit a
report to the Congress on the cooperative agreements entered into and
the grants made under this section.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $25,000,000
for each of the fiscal years 2009 through 2012, and such sums as may be
necessary for each of the fiscal years 2013 through 2019. Such
authorization of appropriations is in addition to any other
authorization of appropriations that is available for such purpose.''.
SEC. 3. OVARIAN CANCER BIOMARKER CLINICAL TRIAL COMMITTEE.
Subpart 1 of part C of the Public Health Service Act, as amended by
section 2, is further amended by adding at the end the following new
section:
``SEC. 417F. OVARIAN CANCER BIOMARKER CLINICAL TRIAL COMMITTEE.
``(a) Ovarian Cancer Biomarker Research Committee Established.--The
Director of the Institute shall establish an Ovarian Cancer Biomarker
Clinical Trial Committee (in this section referred to as the
`Committee') to assist the Director to design and implement one or more
national clinical trials, in accordance with this section, to determine
the utility of using biomarkers validated pursuant to the research
conducted under section 417E for risk stratification for, and early
detection and screening of, ovarian cancer.
``(b) Membership.--
``(1) Number.--The Committee shall consist of 11 voting
members and such number of nonvoting members as the Director of
the Institute determines appropriate.
``(2) Appointment.--The members of the Committee shall be
appointed by the Director of the Institute, in consultation
with appropriate national medical societies, research
societies, and patient advocate organizations, as follows:
``(A) Voting members.--The voting members of the
Committee shall be appointed by the Director of the
Institute as follows:
``(i) Two patient advocates.
``(ii) Two national experts in statistical
analysis, clinical trial design, and patient
recruitment.
``(iii) Two representatives from the
Gynecologic Oncology Group.
``(iv) One representative from the
Department of Defense Ovarian Cancer Research
Program.
``(v) Four ovarian cancer researchers.
``(B) Nonvoting members.--The nonvoting members of
the Committee shall include such individuals as the
Director of the Institute determines to be appropriate.
``(3) Pay.--Members of the Committee shall serve without
pay and those members who are full time officers or employees
of the United States shall receive no additional pay by reason
of their service on the Committee, except that members of the
Committee shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with applicable provisions
under chapter I of chapter 57 of title 5, United States Code.
``(c) Chairperson.--The voting members of the Committee appointed
under subsection (b)(2) shall select a chairperson from among such
members.
``(d) Meetings.--The Committee shall meet at the call of the
chairperson or upon the request of the Director of the Institute, but
at least four times each year.
``(e) Clinical Trial Specifications.--In designing and implementing
the clinical trials under this section, the Director of the Institute
shall provide for the following:
``(1) Participation in trial.--To the greatest extent
possible, all academic centers, community cancer centers, and
individual physician investigators (as defined in subsection
(f)) shall have the opportunity to participate in the trials
under this section and to enroll women at risk for ovarian
cancer in the trials.
``(2) Costs for enrollments.--Subject to the availability
of appropriations, all the costs to the centers and offices
described in paragraph (1) for enrolling women in the trials
under this section shall be reimbursed by the Institute.
``(3) National data center.--A national data center shall
be established in and supported by the Institute to conduct
statistical analyses of the data derived from the trials under
this section and to store such analyses and data.
``(4) Guidelines for medical community.--Data and
statistical analyses of the clinical trials under this section
shall be used to establish clinical guidelines to provide the
medical community with information regarding the use of
biomarkers validated pursuant to the research conducted under
section 417E for risk stratification for, and early detection
and screening of, ovarian cancer.
``(f) Individual Physician Investigator Defined.--For purposes of
subsection (e)(1), the term `individual physician investigator' means a
physician--
``(1) who is a faculty member at an academic institution or
who is in a private medical practice; and
``(2) who provides health care services to women at risk
for ovarian cancer.
``(g) Report.--Not later than the end of fiscal year 2009, and
annually thereafter, the Director of the Institute shall submit a
report to the Congress on the activities conducted under this section.
``(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $5,000,000
for each of the fiscal years 2009 through 2012, and such sums as may be
necessary for each of the fiscal years 2013 through 2019. Such
authorization of appropriations is in addition to any other
authorization of appropriations that is available for such purpose.''. | Ovarian Cancer Biomarker Research Act of 2007 - Amends the Public Health Service Act to require the Director of the National Cancer Institute to enter into cooperative agreements with, or make grants to, public or nonprofit entities to establish and operate centers to conduct research on biomarkers for use in risk stratification for, and the early detection and screening of, ovarian cancer. Designates each center as an Ovarian Cancer Biomarker Center of Excellence.
Allows federal payments under such an agreement or grant to be used for research on: (1) the development and characterization of new biomarkers and the refinement of existing biomarkers; (2) the clinical and laboratory validation of such biomarkers; (3) the development and implementation of clinical and epidemiological research on the utilization of such biomarkers; and (4) the development and implementation of repositories for new tissue, urine, serum, and other biological specimens.
Requires the Director to: (1) make available for research banked serum and tissue specimens from clinical research regarding ovarian cancer that was funded by the Department of Health and Human Services (HHS); (2) establish an Ovarian Cancer Biomarker Clinical Trial Committee to assist the Director to design and implement national clinical trials to determine the utility of such biomarkers; and (3) establish a national data center to conduct statistical analyses of trial data. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to authorize the Director of the National Cancer Institute to make grants for the discovery and validation of biomarkers for use in risk stratification for, and the early detection and screening of, ovarian cancer."} | 1,793 | 287 | 0.779139 | 2.462675 | 0.909358 | 6.367589 | 6.268775 | 0.968379 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assault Weapons Limitation Act of
1993''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 921(a) of title 18, United States Code, is
amended by adding at the end the following new paragraphs:
``(29) The term `assault weapon' means any of the firearms known
as--
``(A) Norinco, Mitchell, and Poly Technologies Avtomat
Kalashnikovs (all models);
``(B) Action Arms Israeli Military Industries UZI and
Galil;
``(C) Beretta AR-70 (SC-70);
``(D) Colt AR-15 and CAR-15;
``(E) Fabrique Nationale FN/FAL, FN/LAR, and FNC;
``(F) MAC 10 and MAC 11;
``(G) Steyr AUG;
``(H) INTRATEC TEC-9; or
``(I) Street Sweeper and Striker 12.
``(30) The term `form 4473' means the form prescribed by the
Secretary in section 178.124 of title 27, Code of Federal Regulations,
as in effect on the date of enactment of this paragraph, or the
equivalent of such a form.''.
(b) Recommendations of the Secretary.--Chapter 44 of title 18,
United States Code, is amended--
(1) by adding at the end the following new section:
``Sec. 931. Additional assault weapons
``The Secretary, in consultation with the Attorney General, may
recommend to the Congress the addition or deletion of firearms
designated as assault weapons in section 921(a)(29).''; and
(2) in the chapter analysis by adding at the end the
following new item:
``931. Additional assault weapons.''.
SEC. 3. UNLAWFUL ACTS.
Section 922 of title 18, United States Code, is amended by adding
at the end the following new subsections:
``(s)(1) Except as provided in paragraph (2), it shall be unlawful
for a person to transfer or possess an assault weapon.
``(2) This subsection does not apply with respect to--
``(A) the transfer or possession of an assault weapon by or
under authority of, the United States or any department or
agency thereof, or any State or any department, agency, or
political subdivision thereof; or
``(B) an otherwise lawful transfer or possession of an
assault weapon that was lawfully possessed before the effective
date of this subsection.
``(t)(1) It shall be unlawful for a person to sell, ship, or
deliver an assault weapon to a person who has not completed a form 4473
in connection with the disposition of the assault weapon.
``(2) Except as provided in paragraph (3), it shall be unlawful for
a person to purchase, possess, or accept delivery of an assault weapon
unless the person has completed a form 4473 in connection with the
disposition of the assault weapon.
``(3) Paragraph (2) shall not apply to the possession of an assault
weapon by a person who has owned the assault weapon continuously since
before the effective date of this paragraph, until the end of the 90-
day period that begins with the date the Secretary prescribes
regulations under paragraph (5).
``(4) If a person purchases an assault weapon from anyone other
than a licensed dealer, both the purchaser and the seller shall
maintain a record of the sale on the seller's original copy of form
4473.
``(5) The Secretary shall, within 90 days after the date of
enactment of this subsection, prescribe regulations with respect to the
completion of form 4473 pursuant to paragraph (3), and the availability
of form 4473 from licensed dealers.''.
SEC. 4. PENALTIES.
Section 924 of title 18, United States Code, is amended--
(1) in subsection (c), by inserting ``and if the firearm is
an assault weapon, to imprisonment for 10 years,'' after
``sentenced to imprisonment for five years,''; and
(2) by adding at the end the following new subsection:
``(i) A person who knowingly violates section 922(t) shall be fined
not more than $1,000, imprisoned not more than 6 months, or both.''.
SEC. 5. DISABILITY.
Section 922(g)(1) of title 18, United States Code, is amended by
inserting ``or of a violation of section 922(t)'' before the semicolon.
SEC. 6. STUDY BY THE ATTORNEY GENERAL.
(a) Study.--The Attorney General shall investigate and study the
effect of this Act and the amendments made by this Act and in
particular shall determine their impact, if any, on violent and drug
trafficking crime. The study shall be conducted over a period of 18
months, commencing 12 months after the date of enactment of this Act.
(b) Report.--Not later than 30 months after the date of enactment
of this Act, the Attorney General shall prepare and submit to the
Congress a report setting forth in detail the findings and
determinations made in the study under subsection (a).
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act--
(1) shall become effective on the date that is 30 days
after the date of enactment of this Act; and
(2) are repealed effective as of the date that is 3 years
after the effective date. | Assault Weapons Limitation Act of 1993 - Amends the Federal criminal code to prohibit the: (1) transfer or possession of an assault weapon, with exceptions; (2) sale, shipment, or delivery of an assault weapon to a person who has not completed a form 4473 (prescribed by the Secretary of the Treasury) in connection with the disposition of such weapon; and (3) purchase, possession, or acceptance of delivery of an assault weapon by a person who has not completed such form, with exceptions.
Sets penalties for: (1) the use of an assault weapon during and in relation to any crime of violence or drug trafficking crime; and (2) knowingly violating requirements regarding the completion of form 4473. Prohibits persons convicted of the latter offense from shipping or transporting firearms or ammunition in interstate or foreign commerce.
Directs the Attorney General to investigate the effect of this Act and determine its impact on violent and drug trafficking crime. | {"src": "billsum_train", "title": "Assault Weapons Limitation Act of 1993"} | 1,234 | 202 | 0.524703 | 1.453309 | 0.734481 | 2.728723 | 6.074468 | 0.824468 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tsunami Orphans and Unaccompanied
Children Act of 2005''.
SEC. 2. FINDINGS; DECLARATION OF POLICY.
(a) Findings.--Congress finds the following:
(1) Over 160,000 people were killed in the Indian Ocean
region as a result of the earthquake and tsunamis that occurred
on December 26, 2004.
(2) Experts estimate that a higher than expected number of
those killed were children.
(3) According to the United Nations, 3 to 5 million people
were affected by the disaster. Approximately 1.5 million of
those individuals affected are children.
(4) Experts estimate that the total number of children
affected in the tsunamis could reach up to 50 percent. Experts
estimate that a significant number of children have been
separated from their parents or orphaned.
(5) Orphaned and unaccompanied children are particularly
vulnerable to disease, hunger, and exploitation.
(6) In the chaotic environment following a disaster when
protection mechanisms may not be in place, unaccompanied
children are more vulnerable to traffickers and forcible
recruitment into militias.
(7) After a disaster, under-resourced governments,
communities, and villages may not be able to independently
provide sufficient care and services for orphans and
unaccompanied children.
(8) Unaccompanied children and orphans need immediate care
and security in the short-term, as well as a long-term
investment in their education, health, and protection.
(9) Congress recognizes that a number of organizations
including UNICEF, Save the Children, World Vision, and the
International Committee of the Red Cross are leading the effort
to reunify children with their families, provide protection
against traffickers, and provide food, shelter, education,
counseling, and many other vital services.
(b) Declaration of Policy.--It shall be the policy of the United
States to take prompt and appropriate actions to assist children who
are orphaned or currently unaccompanied as a result of the tsunamis
that occurred on December 26, 2004, in the Indian Ocean as an important
expression of humanitarian concern and the traditions of the United
States and, in particular, to assist such orphans and unaccompanied
children by--
(1) providing assistance for the purpose of identifying and
reunifying unaccompanied children with their families;
(2) providing assistance for the immediate care of
unaccompanied children and orphans, including health care,
food, shelter, education, psychological counseling, and
protection from traffickers; and
(3) providing for the long-term needs of children not
reunified with immediate or extended family members, including
long-term placement consistent with international standards and
local customs and structures and also providing support for
education, healthcare, food, job-training, and psychological
counseling.
SEC. 3. AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961.
Chapter 2 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2166 et seq.) is amended by inserting after title VI the
following new title:
``TITLE VII--ASSISTANCE FOR TSUNAMI ORPHANS AND UNACCOMPANIED CHILDREN
``SEC. 261. AUTHORIZATION OF ASSISTANCE.
``(a) In General.--The President, acting through the Administrator
of the Agency, shall provide assistance to children who are orphaned or
currently unaccompanied as a result of the tsunamis that occurred on
December 26, 2004, in the Indian Ocean.
``(b) Activities Supported.--Assistance provided under subsection
(a) shall be used to--
``(1) identify and reunify unaccompanied children by--
``(A) identifying, registering, and documenting, as
soon as possible, all unaccompanied children;
``(B) attempting to trace each child's immediate
family, primary legal or customary care giver, or other
extended family member; and
``(C) verifying that the child has been effectively
and appropriately placed;
``(2) provide immediate care for unaccompanied or orphaned
children during the identification and reunification process
by--
``(A) providing, food, shelter, and access to
education;
``(B) psychological and psychosocial counseling;
and
``(C) creating mechanisms to protect against child
trafficking, sexual abuse, and attempts to forcibly
recruit children into militias; and
``(3) provide for the long-term needs of children not
reunified with immediate family by--
``(A) attempting to place children with extended
family members and relatives;
``(B) providing assistance, if there is no family
care available, for children to be placed in foster-
care or other care approved both by the Agency and
local governments;
``(C) providing support for education, healthcare,
food, job-training, and psychological counseling once
children are placed, including psychological and
psychosocial counseling for caregivers and extended
family members who are responsible for such children;
``(D) monitoring placement to assure recognition of
local customs and support structures;
``(E) monitoring placement to assure that care is
consistent with international standards; and
``(F) monitoring the status of the children, in
coordination with international nongovernmental
organizations and multilateral organizations.
``(c) Administrative Provisions.--In carrying out any programs
under the terms of this section, the Administrator shall--
``(1) provide funds for projects to nongovernmental
organizations in the United States, multilateral institutions,
and international and indigenous nongovernmental organizations
with expertise in caring for orphans and unaccompanied
children;
``(2) coordinate with nongovernmental organizations in the
United States, international nongovernmental organizations, and
multilateral institutions to avoid duplication, waste, and
fraud and ensure efficiency and the maximization of resources;
``(3) work closely with local governments and local
nongovernmental organizations to develop long-term protection
and monitoring mechanisms;
``(4) require all governments and nongovernmental
organizations that receive assistance under this section to
agree to international standards on the treatment of orphans
and children; and
``(5) coordinate with other departments and agencies of the
United States Government that have responsibilities related to
child trafficking, child labor, and other issues related to
orphans and unaccompanied children.
``(d) Terms and Conditions.--Assistance under this section may be
provided on such other terms and conditions as the President may
determine.
``SEC. 262. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to
Agency's Displaced Children and Orphans Fund to carry out this title
$80,000,000 for each of the fiscal years 2005 through 2009.
``(b) Additional Authorities.--Amounts appropriated pursuant to
subsection (a)--
``(1) are authorized to remain available until expended;
and
``(2) are in addition to amounts otherwise available for
such purposes.
``(c) Funding Limitation.--Not more than 7 percent of the amounts
appropriated pursuant to subsection (a) for a fiscal year may be used
for administrative expenses.
``SEC. 263. MONITORING SYSTEM.
``(a) Establishment.--In order to maximize the sustainable
development impact of assistance authorized under this title, the
President shall establish a monitoring system that meets the
requirements of subsection (b).
``(b) Requirements.--The requirements referred to in subsection (a)
are as follows:
``(1) The monitoring system shall establish performance
goals for the assistance and express such goals in an objective
and quantifiable form, to the fullest extent feasible.
``(2) The monitoring system shall establish performance
indicators to be used in measuring or assessing the achievement
of the performance goals described in paragraph (1).
``(3) The monitoring system shall provide a basis for
recommendations for adjustments to the levels and type of
assistance to enhance the impact of the assistance.
``SEC. 264. REPORT.
``(a) Report.--Not later than December 31, 2005, and each December
31 thereafter until December 31, 2009, the President shall transmit to
Congress a report that contains a detailed description of the
implementation of this title for the previous fiscal year.
``(b) Contents.--The report shall contain the following
information:
``(1) For each grant, cooperative agreement, contract,
contribution, or other form of assistance awarded or entered
into under this title--
``(A) the amount of the grant, cooperative
agreement, contract, contribution, or other form of
assistance, the name of each recipient and each country
with respect to which projects or activities under the
grant, cooperative agreement, contract, contribution,
or other form of assistance were carried out, and the
approximate number of orphans and other unaccompanied
children who received assistance under the projects or
activities; and
``(B) the results of the monitoring system with
respect to the grant, cooperative agreement, contract,
contribution, or other form of assistance.
``(2) For each grant, cooperative agreement, contract,
contribution, or other form of assistance awarded or entered
into under any provision of law other than this title for
assistance for tsunami orphans and unaccompanied children, the
information described in paragraph (1)(A).
``(3) Any other appropriate information relating to the
needs of tsunami orphans or unaccompanied children that could
be addressed through the provision of assistance under this
title or under any other provision of law.
``SEC. 265. DEFINITIONS.
``In this title:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Agency.
``(2) Agency.--The term `Agency' means the United States
Agency for International Development.
``(3) Children.--The term `children' means persons who have
not attained the age of 18.
``(4) Orphan.--The term `orphan' means a child deprived by
death of one or both parents.
``(5) Unaccompanied children.--The term `unaccompanied
children' means children separated from their family.''. | Tsunami Orphans and Unaccompanied Children Act of 2005 - Declares it U.S. policy to take prompt and appropriate actions to assist children who are orphaned or unaccompanied as a result of the December 26, 2004, tsunamis as an important expression of humanitarian concern and U.S. traditions.
Amends the Foreign Assistance Act of 1961 to provide assistance to children who are orphaned or unaccompanied as a result of the tsunamis that occurred on December 26, 2004, in the Indian Ocean, including assistance to: (1) identify and reunify unaccompanied children; (2) provide immediate care for such children; and (3) provide for the long-term needs of children not reunified with immediate family.
Establishes a program monitoring system. | {"src": "billsum_train", "title": "To amend the Foreign Assistance Act of 1961 to provide assistance to children who are orphaned or unaccompanied as a result of the tsunamis that occurred on December 26, 2004, in the Indian Ocean."} | 2,184 | 162 | 0.695159 | 2.166455 | 0.798608 | 6.37037 | 15.37037 | 0.948148 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on the Structure
of the Army Act of 2014''.
SEC. 2. LIMITATION ON AVAILABILITY OF FUNDS FOR REDUCTIONS TO THE ARMY
NATIONAL GUARD.
(a) Aircraft.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2015 for the Army
may be used to divest, retire, or transfer, or prepare to divest,
retire, or transfer, any aircraft of the Army assigned to units of the
Army National Guard as of January 15, 2014.
(b) Personnel.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2015 for the Army
may be used to reduce personnel below the authorized end strength
levels of 350,000 for the Army National Guard as of September 30, 2014.
SEC. 3. NATIONAL COMMISSION ON THE STRUCTURE OF THE ARMY.
(a) Establishment.--There is established the National Commission on
the Structure of the Army (in this Act referred to as the
``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of eight
members, of whom--
(A) four shall be appointed by the President;
(B) one shall be appointed by the Chairman of the
Committee on Armed Services of the Senate;
(C) one shall be appointed by the Ranking Member of
the Committee on Armed Services of the Senate;
(D) one shall be appointed by the Chairman of the
Committee on Armed Services of the House of
Representatives; and
(E) one shall be appointed by the Ranking Member of
the Committee on Armed Services of the House of
Representatives.
(2) Appointment date.--The appointments of the members of
the Commission shall be made not later than 90 days after the
date of the enactment of this Act.
(3) Effect of lack of appointment by appointment date.--If
one or more appointments under subparagraph (A) of paragraph
(1) is not made by the appointment date specified in paragraph
(2), the authority to make such appointment or appointments
shall expire, and the number of members of the Commission shall
be reduced by the number equal to the number of appointments so
not made. If an appointment under subparagraph (B), (C), (D),
or (E) of paragraph (1) is not made by the appointment date
specified in paragraph (2), the authority to make an
appointment under such subparagraph shall expire, and the
number of members of the Commission shall be reduced by the
number equal to the number otherwise appointable under such
subparagraph.
(4) Expertise.--In making appointments under this
subsection, consideration should be given to individuals with
expertise in reserve forces policy.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the Chair.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chair and Vice Chair.--The Commission shall select a Chair and
Vice Chair from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall undertake a
comprehensive study of the structure of the Army to determine
the proper force mixture of the active component and reserve
component, and how the structure should be modified to best
fulfill current and anticipated mission requirements for the
Army in a manner consistent with available resources and
estimated future resources.
(2) Considerations.--In considering the structure of the
Army, the Commission shall give particular consideration to
evaluating a structure that--
(A) meets current and anticipated requirements of
the combatant commands;
(B) achieves a cost-efficiency balance between the
regular and reserve components of the Army, taking
advantage of the unique strengths and capabilities of
each, with a particular focus on fully burdened and
lifecycle cost of Army personnel;
(C) ensures that the regular and reserve components
of the Army have the capacity needed to support current
and anticipated homeland defense and disaster
assistance missions in the United States;
(D) provides for sufficient numbers of regular
members of the Army to provide a base of trained
personnel from which the personnel of the reserve
components of the Army could be recruited;
(E) maintains a peacetime rotation force to support
operational tempo goals of 1:2 for regular members of
the Army and 1:5 for members of the reserve components
of the Army; and
(F) maximizes and appropriately balances
affordability, efficiency, effectiveness, capability,
and readiness.
(b) Report.--Not later than February 1, 2016, the Commission shall
submit to the President and the congressional defense committees a
report which shall contain a detailed statement of the findings and
conclusions of the Commission as a result of the study required by
subsection (a), together with its recommendations for such legislation
and administrative actions it may consider appropriate in light of the
results of the study.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this Act.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the Chair of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chair of the Commission may, without
regard to the civil service laws and regulations, appoint and
terminate an executive director and such other additional
personnel as may be necessary to enable the Commission to
perform its duties. The employment of an executive director
shall be subject to confirmation by the Commission.
(2) Compensation.--The Chair of the Commission may fix the
compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for the executive director and other personnel may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The Chair
of the Commission may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at 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 such title.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report under section 4.
SEC. 8. FUNDING.
Amounts authorized to be appropriated for fiscal year 2015 and
available for operation and maintenance for the Army as specified in
the funding table in section 4301 of the fiscal year 2015 National
Defense Authorization Act may be available for the activities of the
Commission under this Act. | National Commission on the Structure of the Army Act of 2014 - Establishes the National Commission on the Structure of the Army to undertake a comprehensive study of the structure of the Army to determine: (1) the proper force mixture of the active component and reserve component, and (2) how the structure should be modified to best fulfill mission requirements in a manner consistent with available resources. Directs the Commission to give particular consideration to evaluating a structure that: (1) meets current and anticipated requirements of the combatant commands; (3) achieves a cost-efficiency balance between the regular and reserve components, with a focus on fully burdened and lifecycle cost of Army personnel; (3) ensures that the regular and reserve components have the capacity needed to support homeland defense and disaster assistance missions in the United States; (4) provides for sufficient numbers of regular members of the Army to provide a base of trained personnel from which the personnel of the reserve components could be recruited; (5) maintains a peacetime rotation force to support operational tempo goals of 1:2 for regular members and 1:5 for members of the reserve components; and (6) maximizes and appropriately balances affordability, efficiency, effectiveness, capability, and readiness. Prohibits the use of any funds made available for FY2015 for the Army to: (1) divest, retire, or transfer, or prepare to divest, retire, or transfer, any aircraft of the Army assigned to units of the Army National Guard as of January 15, 2014; or (2) reduce personnel below the authorized end strength levels of 350,000 for the Army National Guard as of September 30, 2014. | {"src": "billsum_train", "title": "National Commission on the Structure of the Army Act of 2014"} | 1,948 | 330 | 0.565019 | 1.763953 | 0.721725 | 6.898734 | 5.829114 | 0.974684 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motorcoach Safety, Accountability,
and Technology Act of 2013''.
SEC. 2. BRAKE PERFORMANCE INSPECTIONS.
Not later than 3 years after the date of enactment of this Act, the
Secretary of Transportation shall issue regulations to ensure that an
individual conducts, before each trip of a motorcoach carried out by a
provider of motorcoach services, a brake performance inspection for
that motorcoach to ensure that the brake performance satisfies all
requirements under Federal law.
SEC. 3. BRAKE MONITORING SYSTEMS.
Not later than 3 years after the date of enactment of this Act, the
Secretary of Transportation shall issue regulations that--
(1) establish minimum performance standards for any
electronic system onboard a motorcoach that is used to monitor
the performance of an air brake system of that motorcoach; and
(2) require that each motorcoach with an air brake system,
if manufactured after the date that is 2 years after the
effective date of the standards established under paragraph
(1), be equipped with such an electronic system.
SEC. 4. AUTOMATIC EMERGENCY BRAKING AND COLLISION WARNING SYSTEMS.
Not later than 3 years after the date of enactment of this Act, the
Secretary of Transportation shall issue regulations requiring that each
motorcoach manufactured after the effective date of such regulations be
equipped with--
(1) an automatic emergency braking system; and
(2) a collision warning system.
SEC. 5. LANE DEPARTURE WARNING SYSTEMS.
Not later than 3 years after the date of enactment of this Act, the
Secretary of Transportation shall issue regulations requiring that each
motorcoach manufactured after the effective date of such regulations,
and with a gross vehicle weight rating of more than 10,000 pounds, be
equipped with a lane departure warning system.
SEC. 6. SPEED LIMITING DEVICES.
Not later than 3 years after the date of enactment of this Act, the
Secretary of Transportation shall issue regulations requiring that each
motorcoach manufactured after the effective date of such regulations be
equipped with a device that limits the speed at which the motorcoach
may travel to not more than 70 miles per hour.
SEC. 7. ADDITIONAL REGULATION REQUIREMENTS.
In issuing regulations under sections 3, 4, 5, and 6 of this Act,
the Secretary of Transportation shall--
(1) require that the technologies mandated for motorcoaches
under those sections be tamper resistant; and
(2) establish a process for certifying compliance with the
regulations.
SEC. 8. RETROFITTING.
(a) Study.--The Secretary of Transportation shall conduct a study
on the feasibility of requiring that motorcoaches, if not manufactured
with the technologies referenced in sections 3, 4, 5, and 6 of this
Act, be retrofitted with such technologies.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report on the
findings of the study conducted under subsection (a).
SEC. 9. REGROOVED, RECAPPED, AND RETREADED TIRES.
Not later than 3 years after the date of enactment of this Act, the
Secretary of Transportation shall issue regulations that establish
standards for the use of regrooved, recapped, or retreaded tires on a
motorcoach.
SEC. 10. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.
Section 31102(b)(2) of title 49, United States Code, is amended by
striking subparagraph (X) and inserting the following:
``(X) except in the case of an imminent or obvious
safety hazard, ensures that an inspection of a vehicle
transporting passengers for a motor carrier of
passengers is conducted at a station, terminal, border
crossing, maintenance facility, destination, weigh
station, rest stop, turnpike service area, or a
location where adequate food, shelter, and sanitation
facilities are available for passengers and reasonable
accommodation is available for passengers with
disabilities; and''.
SEC. 11. DEFINITIONS.
In this Act, the following definitions apply:
(1) Motorcoach.--The term ``motorcoach'' has the meaning
given that term in section 32702(6) of MAP-21, except that the
reference in such section to section 3038(a)(3) of the
Transportation Equity Act for the 21st Century (49 U.S.C. 5310
note) shall be treated as referring to such section 3038(a)(3)
as in effect on the day before the date of enactment of MAP-21.
(2) Provider of motorcoach services.--The term ``provider
of motorcoach services'' has the meaning given that term in
section 32702(10) of MAP-21, except that the term
``motorcoach'', as used in such section, shall be treated as
having the meaning given such term under paragraph (1) of this
section. | Motorcoach Safety, Accountability, and Technology Act of 2013 - Directs the Secretary of Transportation (DOT) to issue regulations to ensure that an individual conducts a brake performance inspection before each motorcoach trip to ensure that the brake performance satisfies all federal law requirements. Directs the Secretary to issue regulations to: (1) establish minimum performance standards for onboard electronic air brake monitoring systems for motorcoaches, (2) require motorcoaches to be equipped with automatic emergency braking and collision warning systems, (3) require motorcoaches with a gross vehicle weight rating of more than 10,000 pounds to be equipped with a lane departure warning system, and (4) require motorcoaches to be equipped with a device to limit maximum speed to 70 miles per hour. Requires the Secretary to make such technologies tamper resistant. Directs the Secretary to study the feasibility of requiring motorcoaches be retrofitted with such technologies. Directs the Secretary to issue regulations to establish standards for motorcoaches to use regrooved, recapped, or retreaded tires. Revises Motor Carrier Safety Assistance Program requirements. Requires the Secretary to approve plans under which states agree to assume responsibility for improving motor carrier safety and adopt and to enforce commercial motor vehicle safety, hazardous materials transportation safety, or compatible regulations, standards, and orders if the plan ensures that (except in the case of an imminent or obvious safety hazard) an inspection of a passenger motorcoach is conducted at a station, terminal, border crossing maintenance facility, and destination (as under current law), but also a weigh station, rest stop, turnpike service area, or other location where adequate food, shelter, and sanitation facilities are available for passengers as well as passengers with disabilities. | {"src": "billsum_train", "title": "Motorcoach Safety, Accountability, and Technology Act of 2013"} | 1,122 | 380 | 0.69437 | 2.409673 | 0.844742 | 3.880126 | 3.015773 | 0.895899 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native Voting Rights Act of 2014''.
SEC. 2. TRIBAL IDENTIFICATION; ACTIONS FOR A DISPARITY IN AVAILABILITY
OF POLLING PLACES.
Section 2 of the Voting Rights Act (42 U.S.C. 1973) is amended by
adding at the end the following:
``(c) If a State or political subdivision requires an individual to
present a valid form of identification for the purposes of voting,
including registering to vote, an individual's unexpired tribal
identification document issued by an Indian tribe (including a tribal
identification document issued by a Native Corporation, as defined in
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602))
shall be treated as a valid form of identification for such purposes.
``(d)(1)(A) The Attorney General may institute in the name of the
United States actions, including actions against States or political
subdivisions, for declaratory judgment or injunctive relief if the
Attorney General finds, at the discretion of the Attorney General, a
disparity between in-person voting opportunities for members of an
Indian tribe as compared to in-person voting opportunities for
individuals who are not members of an Indian tribe.
``(B) Such injunctive relief shall include measures to reduce such
disparity by increasing the availability of polling places.
``(2) The district courts of the United States shall have
jurisdiction of such actions which shall be heard and determined by a
court of three judges in accordance with the provisions of section 2284
of title 28 of the United States Code and any appeal shall lie to the
Supreme Court. It shall be the duty of the judges designated to hear
the case to assign the case for hearing at the earliest practicable
date, to participate in the hearing and determination thereof, and to
cause the case to be in every way expedited. There shall be a
presumption that such disparity results in a denial or abridgement of
the right of any citizen of the United States to vote on account of
race or color, or in contravention of the guarantees set forth in
section 4(f)(2).
``(3) Notwithstanding paragraphs (1) and (2), an aggrieved person
may bring an action described in paragraph (1)(A). The provisions of
paragraph (2) shall apply to such action.''.
SEC. 3. PROTECTIONS RELATING TO POLLING PLACES ON INDIAN RESERVATIONS.
(a) Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is
amended by adding at the end the following:
``(g) Protections Relating to Indian Reservations.--
``(1) In general.--No State or political subdivision shall
carry out any of the following activities unless that State or
political subdivision obtains the approval of the court or the
nonobjection of the Attorney General under section 5(a):
``(A) Eliminating the only polling place or voter
registration site on an Indian reservation.
``(B) Moving or consolidating a polling place or
voter registration site 1 mile or further from the
existing location of the polling place or voter
registration site on an Indian reservation.
``(C) Moving or consolidating a polling place on an
Indian reservation across a river, lake, mountain, or
other natural boundary such that it makes travel
difficult for a voter, regardless of distance.
``(D) Eliminating in-person voting on an Indian
reservation by designating an Indian reservation as a
permanent absentee voting location, unless the entire
State is or becomes a permanent absentee voting State.
``(E) Removing an early voting location or
otherwise diminishing early voting opportunities on an
Indian reservation.
``(F) Decreasing the number of days or hours that
an in-person or early voting location is open on an
Indian reservation or changing the dates of in-person
or early voting on an Indian reservation.
``(2) Definition.--For purposes of this subsection, the
term `Indian reservation' shall have the meaning given such
term under section 203(b)(3).''.
(b) Section 5(a) of the Voting Rights Act of 1965 (42 U.S.C.
1973c(a)) is amended--
(1) in the first sentence, by inserting ``or whenever a
State or political subdivision shall enact or seek to
administer any of the activities described in subsection (g) of
section 4'' after ``November 1, 1972,''; and
(2) by striking ``or procedure'' and inserting ``procedure,
or activity'' each place the term appears.
SEC. 4. FEDERAL ELECTION OVERSIGHT ON INDIAN RESERVATIONS.
Section 8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f) is
amended--
(1) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(2) in subsection (c), as redesignated by paragraph (1) of
this section, by striking ``subsection (c), such observers''
and inserting ``subsection (d), the observers described in this
section''; and
(3) by inserting after subsection (a) the following:
``(b) The Attorney General may authorize Federal observers for
elections that occur on an Indian reservation, as defined under section
203, if the Attorney General has received from a tribal organization--
``(1) a written complaint that efforts to deny or abridge
the right to vote under the color of law on account of race or
color, or in contravention of the guarantees set forth in
section 4(f)(2), may occur on an Indian reservation; and
``(2) a request for the authorization of Federal observers
for elections that occur on that Indian reservation.''.
SEC. 5. TERMINATION OF ELECTION OBSERVERS.
Section 13(a) of the Voting Rights Act of 1965 (42 U.S.C. 1973k(a))
is amended--
(1) in paragraph (1)--
(A) by striking ``section 8'' and inserting
``subsection (a) of section 8''; and
(B) by striking ``and'' after the semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) with respect to observers appointed pursuant to
subsection (b) of section 8, after the end of the next general
election for the office of President.''.
SEC. 6. DEFINITIONS.
Section 14(c) of the Voting Rights Act of 1965 (42 U.S.C. 1973l(c))
is amended by adding at the end the following:
``(4) The terms `Indian tribe' and `tribal organization' have the
meaning given such terms under section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(5) The term `member of an Indian tribe' means an individual who
is a member of an Indian tribe, as defined under section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)
and includes a member of a Native Corporation, as defined in section 3
of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).''.
SEC. 7. BILINGUAL ELECTION REQUIREMENTS; DEFINITION OF INDIAN
RESERVATION.
Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a)
is amended--
(1) in subsection (b)(3)(C), by striking ``1990'' and
inserting ``2010''; and
(2) in subsection (c), by striking ``or in the case of
Alaskan natives and American Indians, if the predominant
language is historically unwritten'' and inserting ``(as of the
date on which the materials or information is provided)''.
SEC. 8. ELECTION OBSERVER TRANSPARENCY.
The Attorney General shall make publicly available the reports of
Federal election observers appointed in accordance with section 8 of
the Voting Rights Act of 1965 (42 U.S.C. 1973f), not later than 6
months after the date that such reports are submitted to the Attorney
General.
SEC. 9. TRIBAL VOTING CONSULTATION.
The Attorney General shall, to the extent practicable, consult
annually with tribal organizations regarding issues relating to voting
for members of an Indian tribe. | Native Voting Rights Act of 2014 - Amends the Voting Rights Act of 1965 to make an individual's unexpired tribal identification document issued by an Indian tribe or Native Corporation a valid form of identification in states and political subdivisions that require an individual to present a valid form of identification to vote or register to vote. Authorizes the Attorney General (DOJ) to bring actions against such jurisdictions for declaratory judgement or injunctive relief if the Attorney General finds a disparity between in-person voting opportunities for Indians and in-person voting opportunities for non-Indians. Prohibits states and political subdivisions, without obtaining court approval or the nonobjection of the Attorney General, from: eliminating an Indian reservation's sole polling place or voter registration site; moving or consolidating a polling place or voter registration site one mile or more from the existing polling place or registration site on an Indian reservation; moving or consolidating a polling place or voter registration site on an Indian reservation across a natural boundary such that travel becomes difficult for a voter, regardless of distance; eliminating in-person voting on an Indian reservation by designating the reservation a permanent absentee voting location, unless the entire state is or becomes such a location; removing an early voting location or otherwise diminishing early voting opportunities on an Indian reservation; and decreasing the number of days or hours that an in-person or early voting location is open on an Indian reservation or changing the dates of in-person or early voting on such reservation. Authorizes the Attorney General to assign federal observers to elections on an Indian reservation if the applicable tribe: (1) requests such observers, and (2) provides the Attorney General with a written complaint that efforts to deny or abridge the right to vote may occur on such reservation. Terminates the assignment of such observers after the end of the next presidential election. Provides that if the applicable language of a minority group is not oral or unwritten when voting materials or information become available, states and political subdivisions must provide that material or information in the language of the minority group and in English. Requires federal election observer's reports to be made available to the public within six months after they are submitted to the Attorney General. Directs the Attorney General, to the extent practicable, to consult annually with tribal organization regarding Indian voting issues. | {"src": "billsum_train", "title": "Native Voting Rights Act of 2014"} | 1,921 | 509 | 0.614967 | 1.927489 | 0.855163 | 3.840909 | 3.897727 | 0.904545 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Methyl bromide is a broad spectrum pesticide which
protects plants and agricultural products from a wide range of
insects, rodents, viruses, fungi, weeds, and nematodes.
(2) American farmers depend on methyl bromide to grow,
store, ship, process, and trade over 100 different crops.
(3) The agricultural community has no safe, effective,
commercially available alternatives to methyl bromide. Some
nonchemical pest control alternatives have proven effective in
small scale tests but are largely untested, much less proven,
for commercial food production purposes. The Environmental
Protection Agency's Office of Prevention, Pesticides, and Toxic
Substances reports that few substitutes exist, all of which
pose potential human health and environmental risks.
(4) In 1992, the Montreal Protocol on Substances Depleting
the Ozone Layer was amended to include methyl bromide.
Subsequent peer-reviewed research indicates that most methyl
bromide is naturally occurring, that a significant percentage
never reaches the ozone layer, and that methyl bromide clearly
does not pose the threat initially believed. Scientists agree
that much is yet to be learned about methyl bromide's effect on
stratospheric ozone.
(5) According to the 1992 Science Assessment Report to the
Montreal Protocol, agricultural use of methyl bromide accounts
for less than 3 percent of the threat to the ozone layer, and a
similar report issued in 1994 notes that the Earth's ozone
layer will return to normal by the middle of the next century
even if methyl bromide remains available to farmers.
(6) In 1993, despite the importance of methyl bromide, the
lack of alternatives, and many scientific uncertainties, the
Environmental Protection Agency, citing the Montreal Protocol,
listed methyl bromide as an ozone depleting chemical under the
provisions of the Clean Air Act and ordered United States
production frozen at 1991 levels and an end to production by
January 1, 2001.
(7) Given current alternatives, analysis at the University
of Florida predicts a 43 percent decline in affected vegetable
acreage in Florida. A 1993 United States Department of
Agriculture study finds that the ban will cost as much as
$1,500,000,000 in Florida, Georgia, California, North Carolina,
and South Carolina, the 5 States where methyl bromide is most
utilized.
SEC. 2. CONTROL OF METHYL BROMIDE.
(a) Definitions.--For purposes of this section:
(1) The term ``use as a pesticide'' includes farming and
post-harvest uses.
(2) The term ``pesticide'' has the same meaning as when
used in the Federal Insecticide, Fungicide, and Rodenticide
Act.
(3) The term ``control'' means, with respect to any
substance, any ban, phase-out, or other restriction on the
production, importation, export, consumption, or use of the
substance.
(4) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(b) Restrictions on EPA Authority.--Except as provided in
subsection (c) or (d), the Administrator may not--
(1) control the production, importation, or export of the
substance methyl bromide pursuant to title VI of the Clean Air
Act (42 U.S.C. section 7671-7671q) for consumption or use as a
pesticide;
(2) control the consumption or use of methyl bromide as a
pesticide; or
(3) require the labelling of any agricultural product
treated with methyl bromide.
(c) Existence of Substitutes or Alternatives.--The Administrator
may take any action described in paragraph (1), (2), or (3) of
subsection (b), or any combination of such actions, if the Secretary of
Agriculture has certified by rule that there exist viable, cost-
effective substitutes or other alternatives to the consumption or use
of methyl bromide as a pesticide for specified agricultural commodities
and products. If the Secretary has made a certification under this
paragraph, a control permitted pursuant to such certification shall
apply only with respect to those specified applications and to those
specified commodities and products for which the certification is made.
(d) Montreal Protocol.--The Administrator may take any action
described in paragraph (1), (2), or (3) of subsection (b), or any
combination of such actions, if the United States is required by the
Montreal Protocol to implement a control on the production,
importation, or export of methyl bromide for consumption or use as a
pesticide or a control on the consumption or use of methyl bromide as a
pesticide. The applicability, contents and timing of any such control--
(1) shall be no more stringent or restrictive than
specifically required by the Montreal Protocol,
(2) shall be equally required of all parties to the
Montreal Protocol; and
(3) shall include all exemptions, exceptions, and other
flexibility (including exemptions for production, importation,
export, and consumption, for both preshipment and quarantine
uses) allowed by the Montreal Protocol.
(e) Inconsistent EPA Actions.--All rules, standards and other
regulatory actions promulgated, published, or otherwise issued by the
Administrator of the Environmental Protection Agency before the date of
enactment of this Act are repealed to the extent they impose a control
which is not specifically required by the Montreal Protocol.
(f) Savings Clause.--Nothing in this Act shall be construed to
affect the provisions of 40 C.F.R. Sec. Sec. 82.9, 82.10, 82.11, and
82.12 (relating to Article 5 parties and transfers), or any other
regulatory provisions granting exemptions, exceptions, or other
flexibility not prohibited by the Montreal Protocol. | Restricts the authority of the Environmental Protection Agency to control the production, importation, or export of methyl bromide for pesticide use consistent with requirements and obligations of the Montreal Protocol. | {"src": "billsum_train", "title": "To make a regulatory correction concerning methyl bromide to meet the obligations of the Montreal Protocol without placing the farmers of the United States at a competitive disadvantage versus foreign growers."} | 1,281 | 41 | 0.546568 | 1.513038 | 0.373461 | 4.060606 | 34.909091 | 0.848485 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Responder and Emergency
Preparedness Block Grant Program for Local Governments''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Federal Government must enhance the ability of
first responders to respond to incidents of terrorism,
including incidents involving weapons of mass destruction;
(2) as a result of the events of September 11, 2001, it is
necessary to clarify and consolidate the authority of the
Office of Domestic Preparedness to support first responders;
and
(3) help States improve security of infrastructure.
(b) Purposes.--The purposes of this Act are--
(1) to establish a program to provide assistance to enhance
the ability of first responders to respond to incidents of
terrorism, including incidents involving weapons of mass
destruction;
(2) to establish a program that allows local governments to
develop State, regional, and local emergency preparedness
plans;
(3) to give States and localities the necessary resources
to secure infrastructure assets; and
(4) to improve response capabilities of State and local
first responders and emergency management personnel.
SEC. 3. WEAPON OF MASS DESTRUCTION DEFINED.
Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is
amended by adding at the end the following:
``(17) The term `weapon of mass destruction' has the
meaning given that term in section 1403 of the Defense Against
Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302; 110
Stat. 2717).''.
SEC. 4. ADDITIONAL DUTIES OF OFFICE OF DOMESTIC PREPAREDNESS.
(a) In General.--Section 430(c) of the Homeland Security Act of
2002 (6 U.S.C. 238(c) is amended--
(1) by redesignating paragraphs (6), (7), and (8) as
paragraphs (7), (8), and (9);
(2) by striking paragraphs (2) through (5) and inserting
after paragraph (1) the following:;
``(2) establish clearly defined standards and guidelines
for Federal, State, tribal, and local government terrorism
preparedness and response;
``(3) establish and coordinate an integrated capability for
Federal, State, tribal, and local governments and emergency
responders to plan for and address potential consequences of
terrorism;
``(4) coordinate provision of Federal terrorism
preparedness assistance to State, tribal, and local
governments;
``(5) establish standards for a national, interoperable
emergency communications and warning system;
``(6) establish standards for training of first responders
(as defined in section 431(a)), and for equipment to be used by
first responders, to respond to incidents of terrorism,
including incidents involving weapons of mass destruction;'';
(3) by striking ``and'' at the end of paragraph (8) (as so
redesignated);
(4) by striking the period at the end of paragraph (9) (as
so redesignated) and inserting ``; and'' and the following:
``(10) carry out such other related duties as are approved
by the Secretary.
(b) Use of Existing Resources.--Section 430(d) of such Act is
amended to read as follows--
``(d) Use of Existing Resources.--In carrying out this section, the
Director shall--
``(1) use, to the maximum extent practicable, existing
resources, including planning documents, equipment lists, and
program inventories; and
``(2) consult with and use--
``(A) existing Federal interagency boards and
committees;
``(B) existing government agencies; and
``(C) nongovernmental organizations.''.
SEC. 5. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.
(a) In General.--Title IV of the Homeland Security Act of 2002 (6
U.S.C. 231 et seq.) is amended by adding at the end the following:
``SEC. 431. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Director.--The term `Director' means the Director of
the Office of Domestic Preparedness established by section 430.
``(2) First responder.--The term `first responder' means--
``(A) fire, emergency medical service, and law
enforcement personnel; and
``(B) such other personnel as are identified by the
Director.
``(3) Local entity.--The term `local entity' has the
meaning given that term by regulation issued by the Director.
``(4) Program.--The term `program' means the program
established under subsection (b).
``(5) State.--The term `State' includes an emergency
preparedness authority establish under section 611(h) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
of (42 U.S.C. 5196(h)).
``(b) Program To Provide Assistance.--
``(1) In general.--The Director shall establish a program
to provide assistance to States to enhance the ability of State
and local first responders to respond to incidents of
terrorism, including incidents involving weapons of mass
destruction, and to assist States and localities in securing
vital infrastructure resources.
``(2) Federal share.--The Federal share of the costs
eligible to be paid using assistance provided under the program
shall be as determined by the Director, but not less than 75
percent.
``(3) Forms of assistance.--Assistance provided under
paragraph (1) may consist of--
``(A) grants; and
``(B) such other forms of assistance as the
Director determines to be appropriate.
``(c) Uses of Assistance.--Assistance provided under subsection
(b)--
``(1) may be used--
``(A) to purchase, to the maximum extent
practicable, interoperable equipment that is necessary
to respond to incidents of terrorism, including
incidents involving weapons of mass destruction;
``(B) to train first responders, consistent with
guidelines and standards developed by the Director;
``(C) in consultation with the Director, to
develop, construct, or upgrade terrorism preparedness
training facilities;
``(D) to develop, construct, or upgrade emergency
operations centers;
``(E) to develop preparedness and response plans
consistent with Federal, State, and local strategies,
as determined by the Director;
``(F) to provide systems and equipment to meet
communication needs, such as emergency notification
systems, interoperable equipment, and secure
communication equipment;
``(G) to conduct exercises relating to emergency
preparedness training;
``(H) to develop emergency preparedness plans;
``(I) to enhance infrastructure security, including
security of ports, mass transit systems, water
infrastructure, power plants, tunnels, and bridges;
``(J) to improve security of infrastructure in
accordance with regulations issued by the Secretary;
and
``(K) to carry out such other related activities as
are approved by the Director; and
``(2) may be used to provide compensation to first
responders (including payment for overtime); except that not to
exceed 10 percent of amounts made available to a State under
this section for a fiscal year may be used for this purpose.
``(d) Allocation of Funds.--For each fiscal year, in providing
assistance under subsection (b), the Director shall make available--
``(1) to each of the District of Columbia, Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the emergency preparedness
authorities established under section 611(h) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196(h)) $3,000,000; and
``(2) to each State (other than a State referred to in
paragraph (1))--
``(A) a base amount of $10,000,000; and
``(B) a percentage of the total remaining funds
made available for the fiscal year based on the
following:
``(i) 50 percent of the amount appropriated
to carry out this section (after application of
paragraph (1) and subparagraph (A)) for such
fiscal year based on the population for such
State divided by the total population of all
such States; and
``(ii) the remainder based on such criteria
as the Director may establish, including the
proximity of the State to international borders
and number of vital infrastructure facilities
located in the State, including military
installations, public buildings (as defined in
section 13 of the Public Buildings Act of 1959
(40 U.S.C. 612)), nuclear power plants,
chemical plants, national landmarks, and ports.
``(e) Provision of Funds to Local Governments and Local Entities.--
``(1) In general.--For each fiscal year, not less than 75
percent of the assistance provided to each State (other than an
emergency preparedness authority) under this section shall be
provided by the State to local governments (including councils
of governments) within the State.
``(2) Assistance tracking systems.--The Secretary shall
establish a system to track the assistance provided by States
to local governments under this subsection for the purpose of
ensuring that the assistance is being used in accordance with
this section. Under the tracking system, not later than 30 days
after the date on which a State provides assistance to a local
government under this subsection, the State shall submit to the
Secretary a report on the provision and use of such assistance.
``(f) Administrative Expenses.--
``(1) Director.--For each fiscal year, the Director may use
to pay salaries and other administrative expenses incurred in
administering the program not more than the lesser of--
``(A) 5 percent of the funds made available to
carry out this section for the fiscal year; or
``(B)(i) $75,000,000 for fiscal year 2003; and
``(ii) $50,000,000 for each of fiscal years 2004
through 2006.
``(2) Recipients of assistance.--For each fiscal year, not
more than 5 percent of the funds retained by a State after
application of subsection (e) may be used to pay salaries and
other administrative expenses incurred in administering the
program.
``(g) Deadlines for Distribution of Assistance.--
``(1) To states.--Not later than 60 days after the date on
which funds are appropriated to carry out this section for a
fiscal year (other than fiscal year 2004), the Director shall
distribute such funds to the States in accordance with
subsection (d).
``(2) To local governments.--Not later than 45 days after
the date on which funds appropriated to carry out this section
for a fiscal year (other than fiscal year 2004) are made
available to a State under this section, the State shall
distribute such funds to local governments under subsection (e).
``(h) Preapplication Plan.--Before the Director may provide
assistance to a State under this section, the State must submit a plan
that recognizes the security and emergency preparedness needs of
metropolitan and rural areas under the jurisdiction of the State.
``(i) Maintenance of Expenditures.--The Director may provide
assistance to a State under this section only if the State agrees to
maintain, and to ensure that each local government that receives funds
from the State in accordance with subsection (e) maintains, for the
fiscal year for which the assistance is provided, the aggregate
expenditures by the State or the local government, respectively, for
the uses described in subsection (c)(1) at a level that is at or above
the average annual level of those expenditures by the State or local
government, respectively, for the 2 fiscal years preceding the fiscal
year for which the assistance is provided.
``(j) Reports.--
``(1) Annual report to the director.--As a condition of
receipt of assistance under this section for a fiscal year, a
State shall submit to the Director, not later than the 60 days
following the last day of the fiscal year, a report on the use
of the assistance in the fiscal year and the status of unspent
funds.
``(2) Exercise and report to congress.--As a condition of
receipt of assistance under this section, not later than 3
years after the date of enactment of this section, a State
shall--
``(A) conduct an exercise, or participate in a
regional exercise, approved by the Director, to measure
the progress of the State in enhancing the ability of
State and local first responders to respond to
incidents of terrorism, including incidents involving
weapons of mass destruction; and
``(B) submit a report on the results of the
exercise to the appropriate committees of the Senate
and the House of Representatives.
``(k) Coordination.--
``(1) With federal agencies.--The Director shall
coordinate, as necessary, the provision of assistance under
this section with activities carried out by--
``(A) the Administrator of the United States Fire
Administration in connection with the implementation by
the Administrator of the assistance to firefighters
grant program established under section 33 of the
Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229);
``(B) other appropriate Federal agencies, including
the Office of Justice of the Department of Justice
providing assistance under the Community Oriented
Policing Services Office (COPS) program, the Edward
Byrne Memorial State and Local Law Enforcement
Assistance (Byrne Formula Grant) program, and the Local
Law Enforcement Block Grant (LLEBG) program; and
``(C) other entities within the Department of
Homeland Security, including the Office of Emergency
Preparedness and Response and the Office of State and
Local Government Coordination.
``(2) With indian tribes.--In providing and using
assistance under this section, the Director and the States
shall coordinate, as appropriate, with--
``(A) Indian tribes (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)) and other tribal organizations; and
``(B) Native villages (as defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602)) and other Alaska Native organizations.
``(l) Limitation.--The amount of funds made available to carry out
this section for a fiscal year should not affect the amount of funds
made available to carry out the Community Oriented Policing Services
Office (COPS) program, the Edward Byrne Memorial State and Local Law
Enforcement Assistance (Byrne Formula Grant) program, and Local Law
Enforcement Block Grant (LLEBG) program, and the assistance to
firefighters program administered by the United States Fire
Administration for such fiscal year.
``(m) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,500,000,000 for each of
fiscal years 2004, 2005, and 2006. | First Responder and Emergency Preparedness Block Grant Program for Local Governments - Amends the Homeland Security Act of 2002 to establish additional duties of the Office of Domestic Preparedness with respect to Federal, State, tribal, and local government terrorism preparedness and response, including establishing standards for the training of first responders (fire, emergency medical service, and law enforcement personnel) and for equipment used by first responders in responding to incidents of terrorism.Requires the Office Director to: (1) establish a program to provide assistance to enhance the ability of State and local first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction; and (2) assist States and localities in securing vital infrastructure resources. Provides for the allocation of such assistance funds among the States, the District of Columbia, and U.S. territories. Requires a State to provide at least 75 percent of its assistance to local governments. Provides deadlines for assistance distribution to States and local governments. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to establish a program to provide assistance to enhance the ability of first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction, and to improve security of infrastructure, and for other purposes including emergency preparedness."} | 3,302 | 215 | 0.704105 | 1.829558 | 0.826272 | 4.229508 | 16.983607 | 0.939891 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Port of Entry Personnel
and Infrastructure Funding Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the General Services Administration.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Northern border.--The term ``Northern border'' means
the international border between the United States and Canada.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Southern border.--The term ``Southern border'' means
the international border between the United States and Mexico.
SEC. 3. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Staff Enhancements.--
(1) Authorization.--In addition to positions authorized
before the date of the enactment of this Act and any existing
officer vacancies within U.S. Customs and Border Protection on
such date, the Secretary, subject to the availability of
appropriations for such purpose, shall hire, train, and assign
to duty, by not later than September 30, 2019--
(A) 5,000 full-time U.S. Customs and Border
Protection officers to serve on all inspection lanes
(primary, secondary, incoming, and outgoing) and
enforcement teams at United States land ports of entry
on the Northern border and the Southern border; and
(B) 350 full-time support staff for all United
States ports of entry.
(2) Waiver of fte limitation.--The Secretary may waive any
limitation on the number of full-time equivalent personnel
assigned to the Department of Homeland Security in order to
carry out paragraph (1).
(b) Reports to Congress.--
(1) Outbound inspections.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall submit a
report containing the Department of Homeland Security's plans
for ensuring the placement of sufficient U.S. Customs and
Border Protection officers on outbound inspections, and
adequate outbound infrastructure, at all Southern border land
ports of entry to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on the Judiciary of the House of
Representatives;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(D) the Committee on Homeland Security of the House
of Representatives.
(2) Sufficient agricultural specialists and personnel.--Not
later than 90 days after the date of the enactment of this Act,
the Secretary, in consultation with the Secretary of
Agriculture and the Secretary of Health and Human Services,
shall submit a report to the committees set forth in paragraph
(1) that contains each department's plans for ensuring the
placement of sufficient U.S. Customs and Border Protection
agriculture specialists, Animal and Plant Health Inspection
Service entomologist identifier specialists, Food and Drug
Administration consumer safety officers, and other relevant and
related personnel at all Southern border land ports of entry.
(3) Annual implementation report.--Not later than 1 year
after the date of the enactment of this Act, and annually
thereafter, the Secretary shall submit a report to the
committees set forth in paragraph (1) that--
(A) details the Department of Homeland Security's
implementation plan for the staff enhancements required
under subsection (a)(1)(A);
(B) includes the number of additional personnel
assigned to duty at land ports of entry, classified by
location;
(C) describes the methodology used to determine the
distribution of additional personnel to address
northbound and southbound cross-border inspections; and
(D) includes--
(i) the strategic plan required under
section 5(a)(1);
(ii) the model required under section 5(b),
including the underlying assumptions, factors,
and concerns that guide the decisionmaking and
allocation process; and
(iii) the new outcome-based performance
measures adopted under section 5(c)(1).
(c) Secure Communication.--The Secretary shall ensure that each
U.S. Customs and Border Protection officer is equipped with a secure 2-
way communication and satellite-enabled device, supported by system
interoperability, that allows U.S. Customs and Border Protection
officers to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, tribal, and local law
enforcement entities.
(d) Border Area Security Initiative Grant Program.--The Secretary
shall establish a program for awarding grants for the purchase of--
(1) identification and detection equipment; and
(2) mobile, hand-held, 2-way communication devices for
State and local law enforcement officers serving on the
Southern border.
(e) Port of Entry Infrastructure Improvements.--The Commissioner
may aid in the enforcement of Federal customs, immigration, and
agriculture laws by--
(1) designing, constructing, and modifying--
(A) United States ports of entry;
(B) living quarters for officers, agents, and
personnel;
(C) technology and equipment, including those
deployed in support of standardized and automated
collection of vehicular travel time; and
(D) other structures and facilities, including
those owned by municipalities, local governments, or
private entities located at land ports of entry;
(2) acquiring, by purchase, donation, exchange, or
otherwise, land or any interest in land determined to be
necessary to carry out the Commissioner's duties under this
section; and
(3) constructing additional ports of entry along the
Southern border and the Northern border.
(f) Prioritization.--In selecting improvements under subsection
(e), the Commissioner, in coordination with the Administrator shall
give priority consideration to projects that will substantially--
(1) reduce commercial and passenger vehicle and pedestrian
crossing wait times at one or more ports of entry on the same
border;
(2) increase trade, travel efficiency, and the projected
total annual volume at one or more ports of entry on the same
border; and
(3) enhance safety and security at border facilities at one
or more ports of entry on the same border.
(g) Consultation.--
(1) Locations for new ports of entry.--The Secretary is
encouraged to consult with the Secretary of the Interior, the
Secretary of Agriculture, the Secretary of State, the
International Boundary and Water Commission, the International
Joint Commission, and appropriate representatives of States,
Indian tribes, local governments, and property owners--
(A) to determine locations for new ports of entry;
and
(B) to minimize adverse impacts from such ports on
the environment, historic and cultural resources,
commerce, and the quality of life of the communities
and residents located near such ports.
(2) Savings provision.--Nothing in this subsection may be
construed--
(A) to create any right or liability of the parties
described in paragraph (1);
(B) to affect the legality or validity of any
determination by the Secretary under this Act; or
(C) to affect any consultation requirement under
any other law.
(h) Authority To Acquire Leaseholds.--Notwithstanding any other
provision of law, if the Secretary determines that the acquisition of a
leasehold interest in real property and the construction or
modification of any facility on the leased property are necessary to
facilitate the implementation of this Act, the Secretary may--
(1) acquire such leasehold interest; and
(2) construct or modify such facility.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, for each of the fiscal years
2014 through 2019, $1,000,000,000, of which $5,000,000 shall be used
for grants authorized under subsection (d).
(j) Offset, Rescission of Unobligated Federal Funds.--
(1) In general.--There is hereby rescinded, from
appropriated discretionary funds that remain available for
obligation on the date of the enactment of this Act (other than
the unobligated funds referred to in paragraph (4)), amounts
determined by the Director of the Office of Management and
Budget that are equal, in the aggregate, to the amount
authorized to be appropriated under subsection (i).
(2) Implementation.--The Director of the Office of
Management and Budget shall determine and identify--
(A) the appropriation accounts from which the
rescission under paragraph (1) shall apply; and
(B) the amount of the rescission that shall be
applied to each such account.
(3) Report.--Not later than 60 days after the date of the
enactment of this Act, the Director of the Office of Management
and Budget shall submit a report to Congress and to the
Secretary of the Treasury that describes the accounts and
amounts determined and identified under paragraph (2) for
rescission under paragraph (1).
(4) Exceptions.--This subsection shall not apply to
unobligated funds of--
(A) the Department of Defense;
(B) the Department of Veterans Affairs; or
(C) the Department of Homeland Security.
SEC. 4. CROSS-BORDER TRADE ENHANCEMENT.
(a) Agreements Authorized.--For purposes of facilitating the
construction, alteration, operation, or maintenance of a new or
existing facility or other infrastructure at a port of entry, the
Administrator may--
(1) enter into cost-sharing or reimbursement agreements; or
(2) accept donations of--
(A) real or personal property (including monetary
donations); or
(B) nonpersonal services.
(b) Evaluation Procedures.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator, in consultation
with the Secretary, shall establish procedures for evaluating a
proposal submitted by any person under subsection (a)--
(A) to enter into a cost-sharing or reimbursement
agreement with the General Services Administration to
facilitate the construction, alteration, operation, or
maintenance of a new or existing facility or other
infrastructure at a land border port of entry; or
(B) to provide the Administration with a donation
of real or personal property (including monetary
donations) or nonpersonal services to be used in the
construction, alteration, operation, or maintenance of
a facility or other infrastructure at a land border
port of entry under the control of the Administration.
(2) Specification.--Donations made under paragraph (1)(B)
may specify--
(A) the land port of entry facility or facilities
in support of which the donation is being made; and
(B) the time frame in which the donated property or
services shall be used.
(3) Return of donation.--If the Administrator does not use
the property or services donated pursuant to paragraph (1)(B)
for the specific facility or facilities designated pursuant to
paragraph (2)(A) or within the time frame specified pursuant to
paragraph (2)(B), such donated property or services shall be
returned to the person that made the donation.
(4) Determination and notification.--
(A) In general.--Not later than 90 days after
receiving a proposal pursuant to subsection (a) with
respect to the construction or maintenance of a
facility or other infrastructure at a land border port
of entry, the Administrator shall--
(i) make a determination with respect to
whether or not to approve the proposal; and
(ii) notify the person that submitted the
proposal of--
(I) the determination; and
(II) if the Administrator did not
approve the proposal, the reasons for
such disapproval.
(B) Considerations.--In determining whether or not
to approve a proposal under this subsection, the
Administrator shall consider--
(i) the impact of the proposal on reducing
wait times at that port of entry and other
ports of entry on the same border;
(ii) the potential of the proposal to
increase trade and travel efficiency through
added capacity; and
(iii) the potential of the proposal to
enhance the security of the port of entry.
(c) Delegation.--For facilities at which the Administrator has
delegated or transferred to the Secretary, operations, ownership, or
other authorities over land border ports of entry, the authorities and
requirements of the Administrator under this section shall be deemed to
apply to the Secretary.
SEC. 5. IMPLEMENTATION OF GOVERNMENT ACCOUNTABILITY OFFICE FINDINGS.
(a) Border Wait Time Data Collection.--
(1) Strategic plan.--The Secretary, in consultation with
the Commissioner, the Administrator of the Federal Highway
Administration, State Departments of Transportation, and other
public and private stakeholders, shall develop a strategic plan
for standardized collection of vehicle wait times at land ports
of entry.
(2) Elements.--The strategic plan required under paragraph
(1) shall include--
(A) a description of how U.S. Customs and Border
Protection will ensure standardized manual wait time
collection practices at ports of entry;
(B) a timeline for incorporating standardized data
into existing online platforms for public reporting;
(C) the identification of a standardized
measurement and validation wait time data tool for use
at all land ports of entry; and
(D) an assessment of the feasibility and cost for
supplementing and replacing manual data collection with
automation, which should utilize existing automation
efforts and resources.
(b) Staff Allocation.--The Secretary, in consultation with the
Commissioner and State, municipal, and private sector stakeholders at
each port of entry, shall develop a standardized model for the
allocation of U.S. Customs and Border Protection officers and support
staff at land ports of entry, including allocations specific to field
offices and the port level that utilizes--
(1) current and future operational priorities and threats;
(2) historical staffing levels and patterns; and
(3) anticipated traffic flows.
(c) Outcome-Based Performance Measures.--
(1) In general.--The Secretary, in consultation with the
Commissioner and relevant public and private sector
stakeholders, shall identify and adopt new outcome-based
performance measures that support the trade facilitation goals
of U.S. Customs and Border Protection.
(2) Effect of trusted traveler and shipper programs.--
Outcome-based performance measures identified under this
subsection may include--
(A) the extent to which trusted traveler and
shipper program participants experience decreased
annual percentage wait time compared to
nonparticipants; and
(B) the extent to which trusted traveler and
shipper program participants experience an annual
reduction in percentage of referrals to secondary
inspection facilities compared to nonparticipants.
(3) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the committees set forth in section 3(b)(1) that identifies--
(A) the new performance measures developed under
this subsection; and
(B) the process for the incorporation of such
measures into existing performance measures. | Emergency Port of Entry Personnel and Infrastructure Funding Act of 2013 - Directs the Secretary of Homeland Security (DHS) to hire, train, and assign to duty by September 30, 2019, an additional: (1) 5,000 full-time U.S. Customs and Border Protection (CBP) officers to serve on all inspection lanes and enforcement teams at U.S. land ports of entry on the northern and southern borders of the United States; and (2) 350 full-time support staff for all U.S. ports of entry. Requires the Secretary to report to specified congressional committees on: (1) DHS plans for ensuring the placement of sufficient CBP officers and infrastructure for outbound inspections at southern border land ports of entry; and (2) each relevant department's plans for ensuring the placement of sufficient CBP agriculture specialists, Animal and Plant Health Inspection Service entomologist identifier specialists, and Food and Drug Administration (FDA) consumer safety officers at such ports of entry. Directs the Secretary to: (1) ensure that each CBP officer is equipped with a secure two-way communication and satellite-enabled device that allows such officers to communicate between ports of entry and inspection stations and with law enforcement; and (2) establish a program for awarding grants for the purchase of identification and detection equipment and mobile, hand-held, two-way communication devices for state and local law enforcement officers serving on the southern border. Authorizes the Commissioner of CBP to aid in the enforcement of federal customs, immigration, and agriculture laws by: (1) designing, constructing, and modifying U.S. ports of entry, living quarters for personnel, technology and equipment, and other structures and facilities; (2) acquiring land deemed necessary to carry out the Commissioner's duties; and (3) constructing additional ports of entry along the borders. Authorizes the Administrator, for purposes of facilitating the construction, alteration, operation, or maintenance of a new or existing facility or other infrastructure at a port of entry, to: (1) enter into a cost-sharing or reimbursement agreement with the General Services Administration (GSA), or (2) provide GSA with donations of real or person property or nonpersonal services. Directs the Secretary to: (1) develop a strategic plan for standardized collection of vehicle wait times at land ports of entry, (2) develop a standardized model for the allocation of CBP officers and support staff at land ports of entry, and (3) identify and adopt new outcome-based performance measures that support the trade facilitation goals of CBP. Requires the Secretary to report to specified congressional committees annually on: (1) DHS's implementation plan for the staff enhancements, (2) the number of additional personnel assigned to duty at land ports of entry, (3) the methodology used to determine the distribution of additional personnel to address northbound and southbound cross-border inspections, (4) the strategic plan, (5) the CBP officer allocation model, and (6) the new outcome-based performance measures. | {"src": "billsum_train", "title": "Emergency Port of Entry Personnel and Infrastructure Funding Act of 2013"} | 3,191 | 628 | 0.617517 | 1.888744 | 0.790213 | 4.729776 | 5.16179 | 0.946644 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elementary and Secondary School
Counseling Improvement Act of 1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) elementary and secondary school children are being
subjected to unprecedented social stresses, including
fragmentation of the family, drug and alcohol abuse, violence,
child abuse, and poverty;
(2) an increasing number of elementary and secondary school
children are exhibiting symptoms of distress, such as substance
abuse, emotional disorders, violent outbursts, disruptive
behavior, juvenile delinquency, and suicide;
(3) between 1984 and 1994, the homicide rate for
adolescents doubled, while the rate of nonfatal violent crimes
committed by adolescents increased by almost 20 percent;
(4) according to the National Institute of Mental Health,
up to one in five children and youth have psychological
problems severe enough to require some form of professional
help, yet only 20 percent of youth with mental disorders or
their families receive help;
(5) the Institute of Medicine has identified psychological
counseling as the most serious school health need for the
normal development of our Nation's children and youth;
(6) school counselors, school psychologists, and school
social workers can contribute to the personal growth,
educational development, and emotional well-being of elementary
and secondary school children by providing professional
counseling, intervention, and referral services;
(7) the implementation of well designed school counseling
programs has been shown to increase students' academic success;
(8) the national average student-to-counselor ratio in
elementary and secondary schools is 531 to 1, and the average
student-to-psychologist ratio is 2300 to 1;
(9) it is recommended that to effectively address students'
mental health and development needs, schools have 1 full-time
counselor for every 250 students, 1 psychologist for every
1,000 students, and 1 school social worker for every 800
students;
(10) the population of elementary and secondary school
students in the United States is expected to increase
dramatically during the 5 to 10 years beginning with 1999;
(11) the Federal Government can help reduce the risk of
academic, social, and emotional problems among elementary and
secondary school children by stimulating the development of
model school counseling programs; and
(12) the Federal Government can help reduce the risk of
future unemployment and assist the school-to-work transition by
stimulating the development of model school counseling programs
that include comprehensive career development.
(b) Purpose.--It is the purpose of this Act to enhance the
availability and quality of counseling services for elementary and
secondary school children by providing grants to local educational
agencies to enable such agencies to establish or expand effective and
innovative counseling programs that can serve as national models.
SEC. 3. SCHOOL COUNSELING.
Section 10102 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8002) is amended to read as follows:
``SEC. 10102. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING
DEMONSTRATION.
``(a) Counseling Demonstration.--
``(1) In general.--The Secretary may award grants under
this section to local educational agencies to enable the local
educational agencies to establish or expand elementary school
and secondary school counseling programs.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give special consideration to applications
describing programs that--
``(A) demonstrate the greatest need for new or
additional counseling services among the children in
the schools served by the applicant;
``(B) propose the most promising and innovative
approaches for initiating or expanding school
counseling; and
``(C) show the greatest potential for replication
and dissemination.
``(3) Equitable distribution.--In awarding grants under
this section, the Secretary shall ensure an equitable
geographic distribution among the regions of the United States
and among urban, suburban, and rural areas.
``(4) Duration.--A grant under this section shall be
awarded for a period not to exceed three years.
``(5) Maximum grant.--A grant under this section shall not
exceed $400,000 for any fiscal year.
``(b) Applications.--
``(1) In general.--Each local educational agency desiring a
grant under this 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.
``(2) Contents.--Each application for a grant under this
section shall--
``(A) describe the school population to be targeted
by the program, the particular personal, social,
emotional, educational, and career development needs of
such population, and the current school counseling
resources available for meeting such needs;
``(B) describe the activities, services, and
training to be provided by the program and the specific
approaches to be used to meet the needs described in
subparagraph (A);
``(C) describe the methods to be used to evaluate
the outcomes and effectiveness of the program;
``(D) describe the collaborative efforts to be
undertaken with institutions of higher education,
businesses, labor organizations, community groups,
social service agencies, and other public or private
entities to enhance the program and promote school-
linked services integration;
``(E) describe collaborative efforts with
institutions of higher education which specifically
seek to enhance or improve graduate programs
specializing in the preparation of school counselors,
school psychologists, and school social workers;
``(F) document that the applicant has the personnel
qualified to develop, implement, and administer the
program;
``(G) describe how any diverse cultural
populations, if applicable, would be served through the
program;
``(H) assure that the funds made available under
this part for any fiscal year will be used to
supplement and, to the extent practicable, increase the
level of funds that would otherwise be available from
non-Federal sources for the program described in the
application, and in no case supplant such funds from
non-Federal sources; and
``(I) assure that the applicant will appoint an
advisory board composed of parents, school counselors,
school psychologists, school social workers, other
pupil services personnel, teachers, school
administrators, and community leaders to advise the
local educational agency on the design and
implementation of the program.
``(c) Use of Funds.--
``(1) In general.--Grant funds under this section shall be
used to initiate or expand school counseling programs that
comply with the requirements in paragraph (2).
``(2) Program requirements.--Each program assisted under
this section shall--
``(A) be comprehensive in addressing the personal,
social, emotional, and educational needs of all
students;
``(B) use a developmental, preventive approach to
counseling;
``(C) increase the range, availability, quantity,
and quality of counseling services in the schools of
the local educational agency;
``(D) expand counseling services only through
qualified school counselors, school psychologists, and
school social workers;
``(E) use innovative approaches to increase
children's understanding of peer and family
relationships, work and self, decisionmaking, or
academic and career planning, or to improve social
functioning;
``(F) provide counseling services that are well-
balanced among classroom group and small group
counseling, individual counseling, and consultation
with parents, teachers, administrators, and other pupil
services personnel;
``(G) include inservice training for school
counselors, school social workers, school
psychologists, other pupil services personnel,
teachers, and instructional staff;
``(H) involve parents of participating students in
the design, implementation, and evaluation of a
counseling program;
``(I) involve collaborative efforts with
institutions of higher education, businesses, labor
organizations, community groups, social service
agencies, or other public or private entities to
enhance the program and promote school-linked services
integration;
``(J) evaluate annually the effectiveness and
outcomes of the counseling services and activities
assisted under this section;
``(K) ensure a team approach to school counseling
by maintaining a ratio in the elementary schools and
secondary schools of the local educational agency that
does not exceed 1 school counselor to 250 students, 1
school social worker to 800 students, and 1 school
psychologist to 1,000 students; and
``(L) ensure that school counselors, school
psychologists, or school social workers paid from funds
made available under this section spend at least 85
percent of their total worktime at the school in
activities directly related to the counseling process
and not more than 15 percent of such time on
administrative tasks that are associated with the
counseling program.
``(3) Report.--The Secretary shall issue a report
evaluating the programs assisted pursuant to each grant under
this subsection at the end of each grant period in accordance
with section 14701, but in no case later than January 30, 2003.
``(4) Dissemination.--The Secretary shall make the programs
assisted under this section available for dissemination, either
through the National Diffusion Network or other appropriate
means.
``(5) Limit on administration.--Not more than five percent
of the amounts made available under this section in any fiscal
year shall be used for administrative costs to carry out this
section.
``(d) Definitions.--For purposes of this section--
``(1) 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) in the absence of such State licensure or
certification, 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;
``(2) 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 the school setting;
``(B) possesses State licensure or certification in
the State in which the individual works; or
``(C) in the absence of such State licensure or
certification, possesses national certification by the
National School Psychology Certification Board;
``(3) the term `school social worker' means an individual
who holds a master's degree in social work and is licensed or
certified by the State in which services are provided or holds
a school social work specialist credential; and
``(4) the term `supervisor' means an individual who has the
equivalent number of years of professional experience in such
individual's respective discipline as is required of teaching
experience for the supervisor or administrative credential in
the State of such individual.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $100,000,000 for fiscal year
2000 and such sums as may be necessary for each of the 4 succeeding
fiscal years, of which $60,000,000 shall be available for each fiscal
year to establish or expand elementary school counseling programs.''. | Elementary and Secondary School Counseling Improvement Act of 1999 - Amends the Elementary and Secondary Education Act of 1965 to reauthorize and expand the elementary school counseling demonstration program to include secondary schools.
Authorizes the Secretary of Education to award program grants to local educational agencies (LEAs) to establish or expand elementary and secondary school counseling programs.
Requires each assisted program to ensure: (1) a team approach to school counseling by maintaining a ratio in the LEA's elementary and secondary schools that does not exceed one school counselor to 250 students, one school social worker to 800 students, and one school psychologist to 1,000 students; and (2) that school counselors, psychologists, and social workers paid from funds under this Act spend at least 85 percent of work time in providing direct services to students and not more than 15 percent on associated administrative tasks.
Authorizes appropriations for FY 2000 through 2004 for such program grants. Requires that 60 percent of such specified amount of funds be reserved for grants for elementary schools. | {"src": "billsum_train", "title": "Elementary and Secondary School Counseling Improvement Act of 1999"} | 2,384 | 214 | 0.531711 | 1.575835 | 0.907896 | 3.247423 | 12.345361 | 0.917526 |
SECTION 1. DEFINITION.
As used in this Act, the term ``Secretary'' means the Secretary of
Transportation, acting through the Administrator of the National
Highway Traffic Safety Administration.
TITLE I--IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH
SEC. 101. SHORT TITLE.
This title may be cited as the ``Research of Alcohol Detection
Systems for Stopping Alcohol-related Fatalities Everywhere Act of
2010'' or the ``ROADS SAFE Act of 2010''.
SEC. 102. DRIVER ALCOHOL DETECTION SYSTEM RESEARCH.
(a) Research.--The Secretary shall carry out a collaborative
research effort to continue to explore the feasibility and the
potential benefits of, and the public policy challenges associated
with, more widespread deployment of in-vehicle technology to prevent
alcohol-impaired driving.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act and for each of fiscal years 2011 through 2015, the
Secretary shall submit an annual report to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate--
(1) describing progress in carrying out the collaborative
research effort; and
(2) including an accounting for the use of Federal funds
obligated or expended in carrying out that effort.
SEC. 103. DEFINITIONS.
In this title:
(1) Alcohol-impaired driving.--The term ``alcohol-impaired
driving'' means operation of a motor vehicle (as defined in
section 30102(a)(6) of title 49, United States Code) by an
individual whose blood alcohol content is at or above the legal
limit.
(2) Legal limit.--The term ``legal limit'' means a blood
alcohol concentration of 0.08 percent or greater (as specified
by section 163 of title 23, United States Code) or such other
percentage limitation as may be established by applicable
Federal, State, or local law.
SEC. 104. EFFECT ON OTHER LAWS.
Nothing in this title shall be construed to modify or otherwise
affect any Federal, State, or local government law, civil or criminal,
with respect to the operation of a motor vehicle.
TITLE II--SAFETY AND TRANSPARENCY
SEC. 201. COMMERCIAL MOTOR VEHICLE ROLLOVER PREVENTION AND CRASH
MITIGATION.
(a) Rulemaking.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall initiate a rulemaking
proceeding pursuant to section 30111 of title 49, United States Code,
to prescribe or amend a Federal motor vehicle safety standard to reduce
commercial motor vehicle rollover and loss of control crashes and
mitigate deaths and injuries associated with such crashes for air-
braked truck tractors and motorcoaches with a gross vehicle weight
rating of more than 26,000 pounds.
(b) Required Performance Standards.--The rulemaking proceeding
initiated under subsection (a) shall establish standards to reduce the
occurrence of rollovers consistent with stability enhancing
technologies that address both rollovers and loss-of-control crashes.
(c) Deadline.--The Secretary shall issue a final rule under
subsection (a) not later than 18 months after the date of enactment of
this Act.
SEC. 202. STUDY OF CRASH DATA COLLECTION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall issue a report regarding the quality
of data collected through the National Automotive Sampling System,
including the Special Crash Investigations, and recommendations for
improvements to this data collection program. The report shall include
information regarding--
(1) the analysis and conclusions the National Highway
Traffic Safety Administration can reach based on the amount of
data collected in a given year, and the additional analysis and
conclusions it could reach if more crash investigations were
conducted each year;
(2) the number of investigations per year that would allow
for optimal data analysis and crash information;
(3) the results of a comprehensive review of the data
elements collected from each crash to determine if additional
data should be collected; which review shall include input from
interested parties, such as suppliers, automakers, safety
advocates, the medical community and research organizations;
and
(4) the resources that would be necessary for the National
Highway Traffic Safety Administration to implement these
recommendations.
(b) Submission of Report.--The report shall be submitted to the
Committee on Energy and Commerce of the House of Representatives and to
the Committee on Commerce, Science, and Transportation of the Senate
upon completion.
SEC. 203. NHTSA HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC
PERSONNEL.
The Secretary shall--
(1) establish a means by which mechanics, passenger motor
vehicle dealership personnel, and passenger motor vehicle
manufacturer personnel may contact the National Highway Traffic
Safety Administration directly and confidentially regarding
potential passenger motor vehicle safety defects; and
(2) publicize the means for contacting the National Highway
Traffic Safety Administration in a manner that targets
mechanics, passenger motor vehicle dealership personnel, and
manufacturer personnel.
SEC. 204. HONORS RECRUITMENT PROGRAM.
(a) Establishment.--The Secretary shall establish, within the
National Highway Traffic Safety Administration, an honors program for
engineering students, computer science students, and other students
interested in vehicle safety that will enable such students to train
with engineers and other safety officials for a career in vehicle
safety. The Secretary is authorized to provide a stipend to students
during their participation in the program.
(b) Targeted Students.--The Secretary shall develop a plan to
target and make an aggressive outreach to recruit the top 10 percent of
science, technology, engineering, and mathematics students attending--
(1) 1890 Land Grant Institutions (as defined in section 2
of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7061));
(2) Predominantly Black Institutions (as defined in section
318 of the Higher Education Act of 1965 (20 U.S.C. 1059e));
(3) Tribal Colleges or Universities (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))); and
(4) Hispanic-Serving Institutions (as defined in section
502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a)).
SEC. 205. PUBLIC AVAILABILITY OF EARLY WARNING DATA.
Section 30166(m) of title 49, United States Code, is amended--
(1) in paragraph (3)(A), by striking clause (ii) and
inserting the following:
``(ii) customer satisfaction campaigns,
customer advisories, recalls, consumer
complaints, warranty claims, field reports,
technical service bulletins, or other activity
involving the repair or replacement of motor
vehicles or motor vehicle equipment.''; and
(2) in paragraph (4), by striking subparagraph (C) and
inserting the following:
``(C) Disclosure.--The information provided to the
Secretary pursuant to this subsection shall be
disclosed publicly unless exempt from disclosure under
section 552(b) of title 5. The Secretary shall
administer this subsection with a presumption in favor
of maximum public availability of information. The
following types of information shall presumptively not
be exempt from disclosure under section 552(b) of title
5:
``(i) Vehicle safety defect information
related to incidents involving death or injury.
``(ii) Aggregated numbers of property
damage claims.
``(iii) Aggregated numbers of consumer
complaints related to potential vehicle
defects.''. | Research of Alcohol Detection Systems for Stopping Alcohol-related Fatalities Everywhere Act of 2010 or ROADS SAFE Act of 2010 - Directs the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration (NHTSA), to carry out a collaborative research effort to continue to explore the feasibility and the potential benefits of, and the public policy challenges associated with, more widespread deployment of in-vehicle technology to prevent alcohol-impaired driving.
Directs the Secretary to initiate a rulemaking proceeding to prescribe certain performance standards to reduce commercial motor vehicle rollover and loss of control crashes and associated deaths and injuries for air-braked truck tractors and motorcoaches with a gross vehicle weight rating of more than 26,000 pounds.
Requires the Secretary to report to Congress regarding the quality of data collected through the National Automotive Sampling System, including the Special Crash Investigations, as well as recommendation for improvements to the data collection program.
Requires the Secretary to establish and publicize a hotline for mechanics, passenger motor vehicle dealership personnel, and passenger motor vehicle manufacturer personnel to contact NHTSA confidentially regarding potential passenger motor vehicle safety defects.
Requires the Secretary to establish within NHTSA an honors program for the recruitment of engineering, computer science, and other students interested in training with engineers and other safety officials for a career in vehicle safety.
Revises requirements for rules on early warning reporting by motor vehicle or motor vehicle equipment manufacturers about vehicle or equipment defects. Requires early warning reports to include information on consumer complaints, warranty claims, field reports, or technical service bulletins.
Requires all early warning report information to be made available to the public, unless exempt from disclosure under the Freedom of Information Act (FOIA). Presumes that information shall not be exempt from disclosure, and thus must be made public, if it is: (1) vehicle safety defect information related to incidents involving death or injury; (2) aggregated numbers of property damage claims; or (3) aggregated numbers of consumer complaints related to potential vehicle defects. | {"src": "billsum_train", "title": "To direct the Secretary of Transportation to study the feasibility of more widespread use of in-vehicle technology to prevent alcohol-impaired driving, to require a Federal motor vehicle safety standard related to rollover prevention and crash mitigation, and for other purposes."} | 1,718 | 447 | 0.543131 | 1.742021 | 0.768054 | 4.698701 | 3.922078 | 0.927273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Flat Rate COLA Act
of 1993''.
SEC. 2. FLAT RATE COST-OF-LIVING ADJUSTMENT.
(a) General Rule.--Section 215(i)(2)(A) of the Social Security Act
(42 U.S.C. 415(i)(2)(A)) is amended--
(1) by redesignating clause (iii) as clause (v);
(2) in the matter in clause (ii) following subclause (III),
by striking ``The increase'' and all that follows through ``Any
increase'' and inserting the following:
``(iii) For purposes of subclause (II) of clause (ii), the increase
shall be derived by adding to each primary insurance amount described
in such subclause (including each such amount as previously increased
under this subparagraph) the applicable benefit increase amount. Any
increase''; and
(3) by inserting before clause (v) (as redesignated by
paragraph (1) of this subsection) the following new clause:
``(iv) For purposes of subclauses (I) and (III) of clause (ii), the
increase shall be derived by multiplying each of the amounts described
in such subclauses (including each of those amounts as previously
increased under this subparagraph) by the applicable increase
percentage. Any amount so increased which is not a multiple of $0.10
shall be decreased to the next lower multiple of $0.10.''.
(b) Definitions.--Section 215(i)(1) of such Act (42 U.S.C.
415(i)(1)) is amended--
(1) by striking subparagraphs (C) through (G);
(2) by redesignating subparagraph (H) as subparagraph (E);
and
(3) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) the term `applicable increase percentage' means, with
respect to any cost-of-living computation quarter, the same
percentage (rounded to the nearest \1/10\ of 1 percent) as the
percentage by which the Consumer Price Index for that cost-of-
living computation quarter exceeds such index for the most
recent prior calendar quarter which was a base quarter under
subparagraph (A)(ii), or, if later, the most recent prior cost-
of-living computation quarter under subparagraph (B);
``(D) the term `applicable benefit increase amount' means,
with respect to any increase under this subsection taking
effect with the month of December of any year, an amount equal
to the product derived by multiplying--
``(i) the average of the primary insurance amounts
consisting of that 20 percent of the primary insurance
amounts, on the basis of which benefits were paid under
this title for November of such year, which were the
lowest (which average, if not a multiple of $0.01,
shall be rounded to the next lower multiple of $0.01),
by
``(ii) the applicable increase percentage,
which product, if not a multiple of $0.10, shall be rounded to
the next lower multiple of $0.10; and''.
(c) Conforming Amendments.--
(1) Section 215(i) of such Act (42 U.S.C. 415(i)) is
further amended by striking paragraph (5).
(2) The last sentence of section 215(a)(4) of such Act (42
U.S.C. 415(a)(4)) is amended, in subclause (I), by striking
``clause (iii) of subsection (i)(2)(A)'' and inserting ``clause
(v) of subsection (i)(2)(A)''.
(3) Section 708(c) of such Act (42 U.S.C. 909(c)) is
amended by striking ``, the `OASDI fund ratio' under section
215(i),''.
SEC. 3. CONFORMING AMENDMENTS TO MAINTAIN CURRENT LEVELS OF COST-OF-
LIVING ADJUSTMENT BASED ON THE CONSUMER PRICE INDEX UNDER
OTHER PROGRAMS.
(a) Supplemental security Income for the Aged, Blind, and
Disabled.--Section 1617(a)(2) of the Social Security Act (42 U.S.C.
1382f(a)(2)) is amended by striking ``by the same percentage'' and all
that follows through ``percentage,'' and inserting the following: ``by
the applicable increase percentage (within the meaning of section
215(i)(1)(C)) used in determining the amount by which benefit amounts
under title II are increased for such month''.
(b) Supplementary Medical Insurance.--Section 1839(a)(3)(B) of such
Act (42 U.S.C. 1395r(a)(3)(B)) is amended by striking ``by a
percentage'' and all that follows through ``November 1'' and inserting
the following: ``by the applicable increase percentage (within the
meaning of section 215(i)(1)(C)) used in determining the amount by
which benefit amounts under title II are increased for the month of
December preceding the year of the promulgation''.
(c) Certain Veteran's Benefits.--Section 3112 of title 38, United
States Code, is amended--
(1) in subsection (a), by striking ``by the same percentage
by which such benefit amounts are increased'' and inserting
``by the applicable increase percentage (within the meaning of
section 215(i)(1)(C) of such Act) used in determining the
amount by which such benefit amounts are increased''; and
(2) in subsection (b)(1), by striking ``by the same
percentage as the percentage by which such benefit amounts are
increased'' and inserting ``by the applicable increase
percentage (within the meaning of section 215(i)(1)(C) of such
Act) used in determining the amount by which such benefit
amounts are increased''.
(d) Cost-of-Living Adjustments to Limitations on Benefits and
Contributions Under Qualified Plans.--Subsection (d) of section 415 of
the Internal Revenue Code of 1986 (relating to cost-of-living
adjustments) is amended by striking ``section 215(i)(2)(A)'' and
inserting ``section 215(i)(2)(A)(iv)''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
adjustments under section 215(i) of the Social Security Act effective
with months after November 1993. | Social Security Flat Rate COLA Act of 1993 - Amends titles II (Old Age, Survivors and Disability Insurance), XVI (Supplemental Security Income), and XVIII (Medicare) part B (Supplementary Medical Insurance) of the Social Security Act and the veterans' benefits program to make changes in the method of calculating cost of living adjustments (COLAs), basing such COLAs solely on the percentage increase in the Consumer Price Index.
Amends the Internal Revenue Code with respect to COLAs to limitations on benefits and contributions under qualified plans. | {"src": "billsum_train", "title": "Social Security Flat Rate COLA Act of 1993"} | 1,521 | 131 | 0.501393 | 1.249145 | 0.610927 | 2.088235 | 12.205882 | 0.77451 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Savings Accounts Offer
Parents Plenty Of Reasons To Understand aNd Invest in Tuition Yearly
Act'' or the ``CSA OPPORTUNITY Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Child's savings account.--The term ``child's savings
account'' means a trust created or organized exclusively for
the purpose of paying the qualified expenses of only an
individual who, when the trust is created or organized, has not
attained 18 years of age, if the written governing instrument
creating the trust contains the following requirements:
(A) The trustee is a federally insured financial
institution, or a State insured financial institution
if a federally insured financial institution is not
available.
(B) The assets of the trust will be invested in
accordance with the direction of the individual or of a
parent or guardian of the individual, after
consultation with the entity providing the initial
contribution to the trust or, if applicable, a matching
or other contribution for the individual.
(C) The assets of the trust will not be commingled
with other property except in a common trust fund or
common investment fund.
(D) Any amount in the trust that is attributable to
an account seed or matched deposit may be paid or
distributed from the trust only for the purpose of
paying qualified expenses of the individual.
(2) Qualified expenses.--The term ``qualified expenses''
means, with respect to an individual, expenses that--
(A) are incurred after the individual receives a
secondary school diploma or its recognized equivalent;
and
(B) are--
(i) postsecondary educational expenses (as
defined in section 529 of the Internal Revenue
Code of 1986) of the individual;
(ii) for the purchase of a first home by
the individual; or
(iii) for the capitalization of a business
owned by the individual.
TITLE I--AMENDMENTS TO THE SOCIAL SECURITY ACT
SEC. 101. INTEREST IN, AND DISTRIBUTION FROM, A QUALIFIED TUITION
PROGRAM REQUIRED TO BE DISREGARDED UNDER THE TANF
PROGRAM.
(a) In General.--Section 408(a) of the Social Security Act (42
U.S.C. 608(a)) is amended by adding at the end the following:
``(13) Requirement to disregard interest in and
distribution from, a qualified tuition program.--A State to
which a grant is made under section 403 shall disregard the
value of any interest in, or distribution from, a qualified
tuition program (as defined in section 529(b) of the Internal
Revenue Code of 1986), in determining the eligibility of, and
the amount or type of assistance to be provided to an
individual or family under the State program funded under this
part.''.
(b) Penalty for Noncompliance.--
(1) In general.--Section 409(a) of such Act (42 U.S.C.
609(a)) is amended by adding at the end the following:
``(17) Penalty for failure to disregard interest in, or
distribution from, a qualified tuition program.--
``(A) In general.--If the Secretary finds that a
State to which a grant is made under section 403 for a
fiscal year has failed to comply with section
408(a)(13) during the fiscal year, the Secretary shall
reduce the grant otherwise payable to the State under
section 403(a)(1) for the succeeding fiscal year by the
percentage specified in subparagraph (B) of this
paragraph.
``(B) Amount of reduction.--The reduction required
under subparagraph (A) shall be--
``(i) not less than 1 nor more than 2
percent;
``(ii) not less than 2 nor more than 3
percent, if the finding is the 2nd consecutive
finding made pursuant to subparagraph (A); or
``(iii) not less than 3 nor more than 5
percent, if the finding is the 3rd or a
subsequent consecutive such finding.''.
(2) No exception for reasonable cause.--Section 409(b)(2)
of such Act (42 U.S.C. 609(b)(2)) is amended by striking ``or
(13)'' and inserting ``(13), or (17)''.
SEC. 102. EXCLUSION OF INTEREST IN, AND DISTRIBUTION FROM, A QUALIFIED
TUITION PROGRAM FROM RESOURCES UNDER THE SSI PROGRAM.
Section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17) and
inserting ``; and''; and
(3) by inserting after paragraph (17) the following:
``(18) the value of any interest in, or distribution from,
a qualified tuition program (as defined in section 529(b) of
the Internal Revenue Code of 1986).''.
SEC. 103. CHILD'S SAVINGS ACCOUNT REQUIRED TO BE DISREGARDED UNDER THE
TANF PROGRAM.
(a) In General.--Section 408(a)(13) of the Social Security Act (42
U.S.C. 608(a)), as amended by section 101(a) of this Act, is amended--
(1) by striking ``(13)'' and all that follows through ``A
State'' and inserting the following:
``(13) Requirement to disregard interest in, and
distribution from, a qualified tuition program, and value of a
child's savings account.--
``(A) In general.--A State''; and
(2) by inserting ``and the value of any child's savings
account (as defined in section 2 of the CSA OPPORTUNITY Act)''
after ``1986)''.
(b) Penalty for Noncompliance.--Section 409(a)(17) of such Act (42
U.S.C. 608(a)(17)), as added by section 101(b)(1) of this Act, is
amended in the paragraph heading, by inserting ``or value of a child's
savings account'' after ``program''.
SEC. 104. EXCLUSION OF CHILD'S SAVINGS ACCOUNT FROM RESOURCES UNDER THE
SSI PROGRAM.
(a) In General.--Section 1613(a) of the Social Security Act (42
U.S.C. 1382b(a)), as amended by section 102 of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (17);
(2) by striking the period at the end of paragraph (18) and
inserting ``; and''; and
(3) by inserting after paragraph (18) the following:
``(19) any child's savings account (as defined in section 2
of the CSA OPPORTUNITY Act), including accrued interest or
other earnings thereon.''.
(b) Conforming Amendment.--Section 1613(e)(5) of such Act (42
U.S.C. 1382b) is amended by inserting ``of this Act or section 2 of the
CSA OPPORTUNITY Act'' before the period.
(c) Technical Amendments.--Effective immediately after the repeal
of the Improving Access to Clinical Trials Act of 2009 (Public Law 111-
255), section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a)),
as amended by the preceding provisions of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (15);
(2) by striking ``and'' at the end of paragraph (16); and
(3) by striking paragraph (17) and redesignating paragraphs
(18) and (19) as paragraphs (17) and (18), respectively.
TITLE II--AMENDMENT TO THE FOOD AND NUTRITION ACT OF 2008
SEC. 201. EXCLUSION OF CHILD'S SAVINGS ACCOUNTS FROM RESOURCES UNDER
THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
Section 5(g) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(g)) is amended by adding at the end the following:
``(9) Exclusion of child's savings accounts from allowable
financial resources.--
``(A) Exclusion.--The Secretary shall exclude from
financial resources under this subsection the value of
funds in any child's savings account.
``(B) Child's savings account.--For purposes of
subparagraph (A), the term `child's savings account'
has the meaning given such term in section 2 of the CSA
OPPORTUNITY Act.''.
TITLE III--AMENDMENT TO LOW-INCOME HOME ENERGY ASSISTANCE ACT OF 1981
SEC. 201. EXCLUSION OF CHILD'S SAVINGS ACCOUNTS FROM RESOURCES UNDER
THE LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.
Section 2605(f) of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8624(f)) is amended by adding at the end the following:
``(3) Exclusion of Child's Savings Accounts From Allowable
Financial Resources.--
``(A) Exclusion.--The income of a household shall be
determined under this section without regard to the value of
funds in any child's savings account.
``(B) Child's savings account.--For purposes of
subparagraph (A), the term `child's savings account' has the
meaning given such term in section 2 of the CSA OPPORTUNITY
Act.''. | Children's Savings Accounts Offer Parents Plenty of Reasons to Understand and Invest in Tuition Yearly Act or the CSA OPPORTUNITY Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to direct a state receiving a TANF grant to disregard the value of any interest in, or distribution from, a qualified tuition program, as well as the value of a child's savings account, in determining individual or family TANF eligibility or the amount or type of assistance. Amends SSA title XVI (Supplemental Security Income) (SSI) to exclude from an individual's resources for SSI eligibility or benefit purposes the value of any interest in, or distribution from, a qualified tuition program as well as the value of a child's savings account. Amends the Food and Nutrition Act of 2008 to direct the Secretary of Agriculture to exclude any child's savings accounts from resources for eligibility and benefit purposes under the supplemental nutrition assistance program (SNAP, formerly the food stamp program). Amends the Low-Income Home Energy Assistance Act of 1981 to exclude from household income any child's savings accounts from resources for eligibility and benefit purposes under the low-income home energy assistance program. Prescribes penalties for noncompliance. | {"src": "billsum_train", "title": "CSA OPPORTUNITY Act"} | 2,326 | 300 | 0.489246 | 1.330653 | 0.695679 | 4.037657 | 7.778243 | 0.891213 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Endangered Species
Habitat Protection Act of 1997''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Enhanced deduction for the denotation of a conservation
easement.
Sec. 4. Exclusion from estate for real property subject to endangered
species conservation agreement.
Sec. 5. Income tax incentives to preserve land to protect endangered
species.
SEC. 2. FINDINGS.
The Senate finds and declares the following:
(1) The majority of American property owners recognize the
importance of protecting the environment, including the habitat
upon which endangered and threatened species depend.
(2) Current Federal tax laws discourage placement of
privately held lands into endangered and threatened species
conservation agreements.
(3) The Federal Government should assist landowners in the
goal of conserving endangered and threatened species and their
habitat.
(4) If the environment is to be protected and preserved,
existing Federal tax laws must be modified or changed to
provide tax incentives to landowners to attain the goal of
conservation of endangered and threatened species and the
habitats they depend upon.
SEC. 3. ENHANCED DEDUCTION FOR THE DONATION OF A CONSERVATION EASEMENT.
(a) In General.--Subparagraph (A) of section 170(h)(4) of the
Internal Revenue Code of 1986 (defining conservation purpose) is
amended by striking ``or'' at the end of clause (iii), by striking the
period at the end of clause (iv) and inserting ``, or'', and by adding
at the end the following new clause:
``(v) the protection of a designated as endangered or
threatened species, species proposed for listing and candidate
species by the Secretary of the Interior or the Secretary of
Commerce.''
(b) Enhanced Valuation.--Section 170(h) of the Internal Revenue
Code of 1986 (defining qualified conservation contribution) is amended
by adding at the end the following new paragraph:
``(7) Enhanced valuation of property with endangered
species and other species.--For purposes of this section, the
valuation of a perpetual restriction granted to the Secretary
of the Interior or the Secretary of Commerce or to a State
agency implementing an endangered species program for the
purpose described in paragraph (4)(A)(iii) shall be made by
comparing the value of the property after the restriction is
granted with the value of that same property without either the
encumbrance of such restriction or any of the restrictions
placed on such property by the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).''
(c) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of the enactment of this
Act.
SEC. 4. EXCLUSION FROM ESTATE FOR REAL PROPERTY SUBJECT TO ENDANGERED
SPECIES CONSERVATION AGREEMENT.
(a) In General.--Part IV of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to taxable estate) is amended
by adding at the end the following new section:
``SEC. 2057. CERTAIN REAL PROPERTY SUBJECT TO ENDANGERED SPECIES
CONSERVATION AGREEMENT.
``(a) General Rule.--For purposes of the tax imposed by section
2001, the value of the taxable estate shall be determined by deducting
from the value of the gross estate an amount equal to the adjusted
value of real property included in the gross estate which is subject to
an endangered species conservation agreement.
``(b) Property Subject to an Endangered Species Conservation
Agreement.--For purposes of this section--
``(1) In general.--Real property shall be treated as
subject to an endangered species conservation agreement if--
``(A) each person who has an interest in such
property (whether or not in possession) has entered
into--
``(i) an endangered species conservation
agreement with respect to such property, and
``(ii) a written agreement with the
Secretary consenting to the application of
subsection (d), and
``(B) the executor of the decedent's estate--
``(i) elects the application of this
section, and
``(ii) files with the Secretary such
endangered species conservation agreement.
``(2) Adjusted Value.--The adjusted value of any real
property shall be its value for purposes of this chapter,
reduced by any amount deductible under section 2053(a)(4) with
respect to the property.
``(c) Endangered Species Conservation Agreement.--For purposes of
this section--
``(1) In general.--The term `endangered species
conservation agreement' means a written agreement entered into
with the Secretary of the Interior or the Secretary of
Commerce--
``(A) which commits each person who signed such
agreement to carry out on the real property activities
or practices not otherwise required by law or to
refrain from carrying out on such property activities
or practices that could otherwise be lawfully carried
out,
``(B) which is certified by such Secretary as
assisting in the conservation of any species which is--
``(i) designated by such Secretary as an
endangered or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.),
``(ii) proposed for such designation, or
``(iii) officially identified by such
Secretary as a candidate for possible future
protection as an endangered or threatened
species.
``(2) Annual certification to the secretary by the
secretary of the interior or the secretary of commerce of the
status of endangered species conservation agreements.--If the
executor elects the application of this section, the executor
shall promptly give written notice of such election to the
Secretary of the Interior or the Secretary of Commerce. The
Secretary of the Interior or the Secretary of Commerce shall
thereafter annually certify to the Secretary that the
endangered species conservation agreement applicable to any
property for which such election has been made remains in
effect and is being satisfactorily complied with.
``(d) Recapture of Tax Benefit in Certain Cases.--
``(1) Disposition of interest or material breach.--
``(A) In general.--Except as provided in
subparagraph (C), an additional tax in the amount
determined under subparagraph (B) shall be imposed on
any person on the earlier of--
``(i) the disposition by such person of any
interest in property subject to an endangered
species conservation agreement (other than a
disposition described in subparagraph (C)),
``(ii) the failure by such person to comply
with the terms of the endangered species
conservation agreement, or
``(iii) the termination of the endangered
species conservation agreement.
``(B) Amount of additional tax.--The amount of the
additional tax imposed by subparagraph (A) shall be an
amount that bears the same ratio of the fair market
value of the real property at the time of the event
described in subparagraph (A) to the ratio of the
amount by which the estate tax liability was reduced by
virtue of this section bore to the fair market value of
such property at the time the executor filed the
agreement under subsection (b)(1). For purposes of this
subparagraph, the term `estate tax liability' means the
tax imposed by section 2001 reduced by the credits
allowable against such tax.
``(C) Exception if transferee assumes obligations
of transferor.--Subparagraph (A)(i) shall not apply if
the transferor and the transferee of the property enter
into a written agreement pursuant to which the
transferee agrees--
``(i) to assume the obligations imposed on
the transferor under the endangered species
conservation agreement,
``(ii) to assume personal liability for any
tax imposed under subparagraph (A) with respect
to any future event described in subparagraph
(A), and
``(iii) to notify the Secretary of the
Treasury and the Secretary of the Interior to
the Secretary of Commerce that the transferee
has assumed such obligations and liability. If
a transferee enters into an agreement described
in clauses (i), (ii), and (iii), such
transferee shall be treated as signatory to the
endangered species conservation agreement the
transferor entered into.
``(2) Due date of additional tax.--The additional tax
imposed by paragraph (1) shall become due and payable on the
day that is 6 months after the date of the disposition referred
to in paragraph (1)(A)(i) or, in the case of an event described
in clause (ii) or (iii) of paragraph (1)(A), on April 15 of the
calendar year following any year in which the Secretary of the
Interior or the Secretary of Commerce fails to provide the
certification required under subsection (c)(2).
``(e) Statute of Limitations.--If a taxpayer incurs a tax liability
pursuant to subsection (d)(1)(A), then--
``(1) the statutory period for the assessment of any
additional tax imposed by subsection (d)(1)(A) shall not expire
before the expiration of 3 years from the date the Secretary is
notified (in such manner as the Secretary may by
regulation prescribe) of the incurring of such tax liability, and
``(2) such additional tax may be assessed before the
expiration of such 3-year period notwithstanding the provisions
of any other law or rule of law that would otherwise prevent
such assessment.
``(f) Election and Filing of Agreement.--The election under this
section shall be made on the return of the tax imposed by section 2001.
Such election, and the filing under subsection (a) of an endangered
species conservation agreement, shall be made in such manner as the
Secretary shall by regulation provide.
``(g) Application of This Section to Interests in Partnerships,
Corporations, and Trusts.--The Secretary shall prescribe regulations
setting forth the application of this section in the case of an
interest in a partnership, corporation, or trust which, with respect to
a decedent, is an interest in a closely held business (within the
meaning of paragraph (1) of section 6166(b)). For purposes of the
preceding sentence, an interest in a discretionary trust all the
beneficiaries of which are heirs of the decedent shall be treated as a
present interest.''
``(h) Clerical Amendment.--The table of sections for part IV of
subchapter A of chapter 11 of the Internal Revenue Code of 1986 is
amended by adding at the end of the following new item:
``Sec. 2057. Certain real property
subject to endangered species
conservation agreement.''
``(i) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act.
SEC. 5 INCOME TAX INCENTIVES TO PRESERVE LAND TO PROTECT ENDANGERED
SPECIES. EXCLUSION OF 75 PERCENT OF GAIN ON SALES OF LAND
TO CERTAIN PERSONS FOR THE PROTECTION OF HABITAT.
(a) In general.--Part I of subchapter P of chapter 1 (relating to
treatment of capital gains) is amended by adding at the end the
following new section:
``SEC 1203. 75 PERCENT EXCLUSION FOR GAIN ON SALES OF LAND TO CERTAIN
PERSONS FOR THE PROTECTION OF HABITAT.
``(a) Exclusion.--Gross income shall not include 75 percent of any
gain from the sale of any land to a conservation purchaser if--
``(1) such land was owned by the taxpayer or a member of
the taxpayer's family (as defined in section 2032A(e)(2)) at
all times during the 3-year period ending on the date of the
sale, and
``(2) such land is being acquired by a conservation
purchaser for the purpose of protecting the habitat of
endangered and threatened species, species proposed for listing
and candidate species.
``(b) Conservation Purchaser.--For purposes of this section, the
term `conservation purchaser' means--
``(1) any agency of the United States or of any State or
local government, and
``(2) any qualified organization. | Endangered Species Habitat Protection Act of 1997 - Amends the Internal Revenue Code to provide for a deduction for the donation of property as a conservation easement. Provides for the valuation of the property.
Requires that the value of a taxable estate be determined by deducting from the value of the gross estate an amount equal to the adjusted value of real property included in the gross estate which is subject to an endangered species conservation agreement. Provides for recapture in certain cases.
Excludes from gross income 75 percent of any gain from the sale of any land to a conservation purchaser if certain requirements are met. Defines "conservation purchaser" as: (1) any agency of the United States or of any State or local government; and (2) any qualified organization. | {"src": "billsum_train", "title": "Endangered Species Habitat Protection Act of 1997"} | 2,766 | 170 | 0.555929 | 1.487846 | 0.770018 | 6.147651 | 16.704698 | 0.926174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Road Usage Fee Pilot Program Act of
2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The 2009 report of the National Surface Transportation
Infrastructure Financing Commission recommends a transition
away from the fuel tax to a more stable funding source, noting
that a mileage-based fee system is the consensus choice for
policy leaders.
(2) The 2008 report of the National Surface Transportation
and Revenue Study Commission recommends further study of the
implementation of mileage-based fee systems at the State level
and of their compatibility with a national revenue system,
noting that in the long run, a mileage-based fee system seems
the most likely and appropriate method to be implemented.
(3) According to the Congressional Budget Office, the
revenue raised from the gas tax since its last increase in 1992
has lost over one-third of its purchasing power due to
increasing fuel efficiency, changing transportation patterns,
and inflation.
(4) By 2030, the corporate average fuel economy standards
will have reduced Highway Trust Fund receipts by more than 20
percent.
(5) The fuel tax revenue mechanism results in some
industries paying more than their commensurate road use.
(6) Since 1990, while gas tax revenues have consistently
decreased, the number of vehicle miles traveled nationally has
consistently increased.
SEC. 3. ROAD USAGE FEE PILOT PROGRAM.
(a) Establishment.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall establish a competitive grant
program to be known as the Road Usage Fee Pilot Program (in this Act
referred to as the ``Program'') to make grants to eligible entities
to--
(1) conduct pilot studies of methods for recording and
reporting the number of miles traveled by particular vehicles;
(2) conduct pilot studies of payment, enforcement, and
privacy protection methods for mileage-based fee systems; and
(3) implement mileage-based fee systems in jurisdictions
that have adopted a plan for such systems.
(b) Application Required.--To be eligible for a grant under the
Program, an eligible entity shall submit to the Secretary an
application at such time, in such form, and containing such information
and assurances as the Secretary may require.
(c) Selection of Pilot Studies.--In awarding grants under the
Program, the Secretary shall select pilot studies that, in combination,
explore means to address the following concerns:
(1) Protection of personal privacy.
(2) Ease of public compliance.
(3) Level of public acceptance.
(4) Geographic and income equity.
(5) Integration with State and local transportation revenue
mechanisms.
(6) Administrative issues.
(7) Cost.
(8) Enforcement issues.
(9) Potential for fraud or evasion.
(10) Feasibility of implementation.
(d) Priority.--In awarding grants under the Program, the Secretary
shall give priority to pilot studies that--
(1) serve as a model for broad implementation of a mileage-
based fee system;
(2) address concerns of rural and urban user equity;
(3) involve multistate projects;
(4) have a high volume of enrolled vehicles;
(5) integrate with State and local revenue systems;
(6) integrate with local demand management plans;
(7) are likely to lead to implementation of mileage-based
fee systems, dependent on the results of the program;
(8) integrate with other intelligent transportation system
technologies; and
(9) test the proposed revenue collection system by
collecting and distributing revenue.
(e) Required Minimum Funds for Planning Organizations.--In awarding
grants under the Program, the Secretary shall ensure that not less than
10 percent of funds available under the Program in a fiscal year are
reserved for pilot studies carried out in conjunction with metropolitan
planning organizations or regional transportation planning
organizations.
(f) Cost Sharing.--An eligible entity that receives a grant under
this Act shall provide funds, from non-Federal sources, in an amount
equal to 20 percent of the amount of grant funds provided to the entity
to carry out the activities supported by the grant.
SEC. 4. WORKING GROUPS.
(a) Establishment.--The Secretary, in consultation with the
Secretary of Transportation, shall establish the following working
groups:
(1) A technology and privacy working group that shall--
(A) evaluate the technology platforms and standards
used in the Program;
(B) develop national technology standards and make
recommendations to provide consistency in
transportation data laws; and
(C) balance the effectiveness of revenue systems
with user privacy.
(2) A transportation system and equity working group that
shall evaluate the costs of collection and administration of
methods studied in the Program and the success of such methods
in achieving rural and urban user equity.
(3) An environmental working group that shall evaluate the
potential of the methods studied in the Program to manage
demand and to reduce the emission of greenhouse gases.
(b) Membership.--Each of the working groups established under
subsection (a) shall be comprised of at least 1 member with relevant
subject-matter experience in the private sector and at least 1 member
with relevant subject-matter experience in the public sector.
SEC. 5. REPORTS.
(a) Interim Report.--Not later than 2 years after the date of the
first disbursement of funds under a grant under the Program, the
Secretary shall submit to Congress an interim report describing the
progress of the Program, the progress of the working groups established
under section 4(a), and any data or results from the Program.
(b) Final Report.--Not later than 4 years after the date of the
first disbursement of funds under a grant under the Program, the
Secretary shall submit to Congress a final report containing data and
results from the Program, an analysis of the feasibility of each method
studied to be used as a mileage-based fee system, and the evaluations
done by the working groups established under section 4(a).
SEC. 6. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means
one or more of the following:
(A) A State government or political subdivision
thereof.
(B) A local government or political subdivision
thereof.
(C) A metropolitan planning organization.
(D) A regional transportation planning
organization.
(E) A tribal organization.
(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
that term in section 134(b) of title 23, United States Code.
(3) Regional transportation planning organization.--The
term ``regional transportation planning organization'' has the
meaning given that term in section 134(b) of title 23, United
States Code.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Grant Program.--There is authorized to be appropriated
$30,000,000 to carry out section 3, to remain available until expended.
(b) Working Group and Report.--There is authorized to be
appropriated $2,500,000 to carry out section 4 and $2,500,000 to carry
out section 5, to remain available until expended. | Road Usage Fee Pilot Program Act of 2013 - Directs the Secretary of the Treasury to establish the Road Usage Fee Pilot Program to make competitive grants to state or local governments, or metropolitan planning, regional transportation planning, or tribal organizations to conduct pilot studies on implementing mileage-based fee systems as a method for funding transportation highway projects. Directs the Secretary to establish: (1) a technology and privacy working group, (2) a transportation system and equity working group, and (3) an environmental working group. | {"src": "billsum_train", "title": "Road Usage Fee Pilot Program Act of 2013"} | 1,500 | 104 | 0.554622 | 1.477738 | 0.961903 | 4.16 | 14.82 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sensible Accounting to Value Energy
Act of 2011''.
SEC. 2. DEFINITIONS.
As used in this Act, the following definitions shall apply:
(1) Covered agency.--The term ``covered agency''--
(A) means--
(i) an executive agency, as that term is
defined in section 102 of title 31, United
States Code; and
(ii) any other agency of the Federal
Government; and
(B) includes any enterprise, as that term is
defined under section 1303 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992
(12 U.S.C. 4502).
(2) Covered loan.--The term ``covered loan'' means a loan
secured by a home that is issued, insured, purchased, or
securitized by a covered agency.
(3) Homeowner.--The term ``homeowner'' means the mortgagor
under a covered loan.
(4) Mortgagee.--The term ``mortgagee'' means--
(A) an original lender under a covered loan or the
holder of a covered loan at the time at which that
mortgage transaction is consummated;
(B) any affiliate, agent, subsidiary, successor, or
assignee of an original lender under a covered loan or
the holder of a covered loan at the time at which that
mortgage transaction is consummated;
(C) any servicer of a covered loan; and
(D) any subsequent purchaser, trustee, or
transferee of any covered loan issued by an original
lender.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(6) Servicer.--The term ``servicer'' means the person or
entity responsible for servicing of a covered loan (including
the person or entity who makes or holds such a loan if such
person or entity also services the loan).
(7) Servicing.--The term ``servicing'' has the meaning
given the term in section 6(i) of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2605(i)).
SEC. 3. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) energy costs for homeowners are a significant and
increasing portion of their household budgets;
(2) household energy use can vary substantially depending
on the size and efficiency of the house;
(3) expected energy costs are important to the value of the
house;
(4) the current test for loan affordability used by most
covered agencies, commonly called the ``debt to income'' test,
is inadequate because it does not assess the expected energy
costs for the homeowner; and
(5) another loan limitation, commonly called the ``loan to
value'' test, is tied to the appraisal, which often does not
adjust for efficiency features of houses.
(b) Purposes.--The purposes of this Act are--
(1) to improve the accuracy of mortgage underwriting under
Federal mortgage agencies by ensuring that energy costs are
included in the underwriting process as described below, and
thus to reduce the amount of energy consumed by homes and to
facilitate the creation of energy efficiency retrofit and
construction jobs;
(2) to require covered agencies to include the expected
energy utility costs of a homeowner as a regular expense in the
tests, such as the debt to income test, used to determine the
ability of the loan applicant to afford the cost of
homeownership for all loan programs;
(3) to require covered agencies to include the value of
energy savings with the appraised home value in the loan to
value metric so that loan amounts can reflect the value home
buyers place on the energy efficiency of a house, taking
precautions to avoid double-counting and to support safe and
sound lending; and
(4) to direct the covered agencies to make the necessary
credit policy decisions to adjust the maximum permitted debt
amounts or debt to income ratios for eligibility to accommodate
inclusion of expected energy costs.
SEC. 4. ENHANCED ENERGY EFFICIENCY UNDERWRITING CRITERIA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall develop and issue guidelines for all
covered agencies to implement enhanced loan eligibility requirements,
for use when testing the ability of a loan applicant to repay a covered
loan, that account for the expected costs of energy for a loan
applicant at the subject property, in the manner set forth in
subsections (b) and (c).
(b) Requirements To Account for Energy Costs.--The enhanced loan
eligibility requirements required under subsection (a) shall include a
requirement that for all covered loans, the covered agency and the
mortgagee shall take into consideration the estimated energy costs
expected for the owner of the subject property in determining whether
the loan applicant has sufficient income to service the mortgage debt
plus other regular expenses. To the extent that a covered agency uses a
test such as a debt-to-income test that includes certain regular
expenses, such as hazard insurance and property taxes, the expected
energy costs shall be included as such an expense, and the maximum
permitted amounts or ratios for eligibility shall be adjusted to
accommodate the average expected energy costs. Energy costs to be
assessed include the cost of electricity, natural gas, oil, and any
other fuel regularly used to supply energy to the subject property.
(c) Determination of Estimated Energy Costs.--
(1) In general.--The regulations to be issued by the
Secretary under subsection (a) shall include instructions for
the covered agency to calculate estimated energy costs, using
the following approach:
(A) If no energy efficiency report for the subject
property, as described under paragraph (2), is provided
to the mortgagee, then the mortgagee shall determine
the estimated energy costs for the subject property
based upon the size of the subject property and an
average per square foot energy cost for properties of
that building type in that region. The most current
version of the Residential Energy Consumption Survey of
the Energy Information Administration, as such survey
is authorized under section 205(k) of the Department of
Energy Organization Act (42 U.S.C. 7135(k)), may be
used as the basis for the average per square foot
energy cost, or the Secretary may approve use of
another source.
(B) If an energy efficiency report is provided to
the mortgagee, then the findings in such report shall
be used in determining the estimated energy costs of
the subject property, and shall be provided to the
appraiser for use in estimating the energy efficiency
of the house and potential adjustments for energy
efficiency.
(C) Additional sources of information may be
incorporated into the method for determining expected
energy costs, as determined by the Secretary.
(2) Report requirements.--In order for an energy efficiency
report to be valid and acceptable for the purposes of paragraph
(1)(B), such report shall--
(A) estimate the expected energy costs specific to
the subject property, based on specific information
about the property;
(B) be prepared in accordance with rules and
guidelines to be issued by the Secretary under
subsection (a); and
(C) be prepared--
(i) in accordance with the Residential
Energy Service Network's Home Energy Rating
System (also known as ``HERS'') by an
individual certified by the network, unless the
Secretary finds that such method does not
further the purposes of this Act; or
(ii) by other methods approved by the
Secretary, in consultation with the Secretary
of Energy and other stakeholders, including
State energy offices, for use under this Act,
which in all cases shall include a third-party
quality assurance procedure.
(d) Required Disclosure to Consumer.--If an energy efficiency
report is used under subsection (c)(1)(B), the rules to be issued by
the Secretary under subsection (a) shall require the mortgagee to--
(1) inform the loan applicant of the expected energy costs
as estimated in the report, in a manner and at a time as
prescribed by the Secretary, and if practicable, in the
documents delivered at the time of loan application; and
(2) include such report in the documentation for the loan
provided to the borrower.
(e) Limitations.--A covered agency shall not--
(1) modify existing underwriting criteria or adopt new
underwriting criteria that intentionally negate or reduce the
impact of the requirements or resulting benefits that are set
forth or otherwise derived from the enhanced loan eligibility
requirements required under this section; or
(2) impose greater buy back requirements, credit overlays,
insurance requirements, including private mortgage insurance,
or any other material costs, impediments, or penalties on
covered loans merely because the loan uses an energy efficiency
report or the enhanced loan eligibility requirements required
under this section.
(f) Applicability and Implementation Date.--Not later than 3 years
after the date of enactment of this Act, and before January 1, 2015,
the enhanced loan eligibility requirements required under this section
shall be implemented by each covered agency to--
(1) apply to any covered loan for the sale, or refinancing
of any loan for the sale, of any home;
(2) be available on any residential real property
(including individual units of condominiums and cooperatives)
that qualifies for a covered loan; and
(3) provide prospective mortgagees with sufficient guidance
and applicable tools to implement the required underwriting
methods.
SEC. 5. ENHANCED ENERGY EFFICIENCY UNDERWRITING VALUATION GUIDELINES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Housing and Urban Development shall, in
consultation with the Federal Financial Institutions Examination
Council, develop and issue guidelines for how covered agencies shall
determine the maximum permitted loan amount based on the value of the
property for all covered loans made on properties with an energy
efficiency report as defined in section 4(c)(2). In addition, the
Secretary of Housing and Urban Development shall, in consultation with
the Secretary of Energy, within one year of enactment of this Act,
issue regulations for covered agencies to determine the estimated
energy savings for properties with an energy efficiency report as
required by subsection (c).
(b) Requirements.--The enhanced energy efficiency underwriting
valuation guidelines required under subsection (a) shall include the
following:
(1) A requirement that if an energy efficiency report that
meets the requirements of section 4(c)(2) is provided to the
mortgagee, then such report shall be used by the mortgagee or
covered agency to determine the estimated energy savings of the
subject property.
(2) A requirement that the estimated energy savings of the
subject property be added by a mortgagee or covered agency to
the appraised value for the purpose of determining the loan-to-
value ratio of the subject property, unless the appraisal
indicates it includes the value of the overall energy
efficiency of the property, using methods to be established by
the Secretary of Housing and Urban Development in regulations
required under subsection (a).
(c) Determination of Estimated Energy Savings.--The amount of
estimated energy savings shall be determined by calculating the
difference between the estimated energy costs for the average
comparable house, as determined in rules to be issued by the Secretary
of Housing and Urban Development under subsection (a), and the
estimated energy costs for the subject property, using the energy
efficiency report, as determined under section 4(c)(2). The period of
the savings shall be based upon the estimated life of the applicable
equipment, consistent with the rating system used to produce the energy
report in section 4(c)(2). The present value of the future savings
shall be discounted using the average interest rate on conventional 30-
year mortgages, in the manner directed by guidelines issued by the
Secretary of Housing and Urban Development under subsection (a).
(d) Ensuring Consideration of Energy-Efficient Features.--Section
1110 of the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989 (12 U.S.C. 3339), is amended--
(1) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(2) by adding at the end the following:
``(4) that State-certified appraisers have timely access,
whenever practicable, to information from the lender relevant
to an appraisal of the energy and water efficiency or
conserving improvements or features of a property, such as
labels or ratings of buildings and installed appliances,
blueprints, construction costs, incentives regarding energy-
and water-efficient components and systems installed in a
property, and third-party verifications or representations of
energy and water efficiency performance of a property,
observing all financial privacy requirements adhered to by
certified and licensed appraisers, including section 501 of the
Gramm-Leach-Bliley Act (15 U.S.C. 6801), unless the property
owner consents to the lender, an appraiser shall not have
access to the commercial or financial information of the owner
that is privileged or confidential.''.
(e) Transactions Requiring State Certified Appraisers.--Section
1113 of the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989 (12 U.S.C. 3342), as amended by section 1473(e)(2) of the
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, is
amended--
(1) in paragraph (1), by inserting before the semicolon the
following: ``, or any real property on which the appraiser
makes adjustments using an energy efficiency report''; and
(2) in paragraph (2) by inserting after ``atypical'' the
following: ``, or an appraisal on which the appraiser makes
adjustments using an energy efficiency report.''.
(f) Protections.--
(1) Authority to impose limitations.--The guidelines to be
issued under subsection (a) shall include such limitations and
conditions determined by the Secretary to be necessary to
protect against meaningful under or over valuation of energy
savings or duplicative counting of energy efficiency features
or energy savings in the valuation of any subject property used
to determine a loan amount.
(2) Additional authority.--At the end of the 7-year period
following the implementation of the program established under
this Act, the Secretary may modify or apply additional
exceptions to the approach described in subsection (b), where
the Secretary finds that the unadjusted appraisal will reflect
an accurate market value of the efficiency of the subject
property.
(g) Applicability and Implementation Date.--Each covered agency
shall, within 3 years after the date of enactment of this Act, and
before January 1, 2015, implement the guidelines required under this
section, which shall--
(1) apply to any covered loan for the sale, or refinancing
of any loan for the sale, of any home; and
(2) be available on any residential real property
(including individual units of condominiums and cooperatives)
that qualifies for a covered loan.
SEC. 6. MONITORING.
Not later than 1 year after the date on which the enhanced
eligibility and underwriting valuation requirements are implemented
under this Act, and each year thereafter, each covered agency with
relevant activity shall issue and make available to the public a report
that enumerates the number of covered loans of each such agency that
used enhanced loan eligibility requirements, for which there was an
energy efficiency report, and that used enhanced energy efficiency
appraisal guidelines. Such report shall include the default rates and
rates of foreclosures for each category of loan.
SEC. 7. RULEMAKING.
The Secretary shall prescribe regulations to carry out this Act, in
consultation with the Secretary of Energy and stakeholders, including
State energy offices. Such regulations may contain such
classifications, differentiations, or other provisions, and may provide
for such proper implementation and appropriate treatment of different
types of transactions, as in the judgment of the Secretary are
necessary or proper to effectuate the purposes of this Act, to prevent
circumvention or evasion thereof, or to facilitate compliance
therewith.
SEC. 8. ADDITIONAL STUDY.
Not later than 18 months after the date of enactment of this Act,
the Secretary shall establish an advisory group with the purpose of
advising the Secretary on the implementation of the enhanced energy
efficiency underwriting criteria established in sections 4 and 5. The
advisory group shall provide recommendations to the Secretary on any
revisions or additions to the enhanced energy efficiency underwriting
criteria deemed necessary by the group, which may include additional
factors to account for substantial and regular costs of homeownership
such as location-based transportation costs and water costs. The
Secretary shall forward any legislative recommendations from the
advisory group to Congress for its consideration. | Sensible Accounting to Value Energy Act of 2011 - Directs the Secretary of Housing and Urban Development (HUD) to issue guidelines for all federal mortgage agencies (including the Federal National Mortgage Association [Fannie Mae], the Federal Home Loan Mortgage Corporation [Freddie Mac], and any affiliates) to implement enhanced loan eligibility requirements, for use when determining the ability of a loan applicant to repay a covered loan, that account for the expected costs of energy at the property involved.
Directs the Secretary to issue guidelines for how covered agencies shall determine: (1) the maximum permitted loan amount based on the value of the property for all covered loans made on properties with an energy efficiency report, and (2) the estimated energy savings for properties with such a report.
Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to require rules by the federal financial institutions regulatory agency and the Resolution Trust Corporation for real estate appraisals for federally related transactions to require that state-certified appraisers have timely access, whenever practicable, to lender information relevant to an appraisal of the energy and water efficiency or conserving improvements or features of property.
Applies the requirement of state certified appraisers to transactions involving any real property on which the appraiser makes adjustments using an energy efficiency report.
Directs the Secretary to establish an advisory group on the implementation of the enhanced energy efficiency underwriting criteria established in this Act. | {"src": "billsum_train", "title": "A bill to improve the accuracy of mortgage underwriting used by Federal mortgage agencies by ensuring that energy costs are included in the underwriting process, to reduce the amount of energy consumed by homes, to facilitate the creation of energy efficiency retrofit and construction jobs, and for other purposes."} | 3,558 | 292 | 0.50589 | 1.617707 | 0.692794 | 4.914815 | 12.577778 | 0.9 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Tax Technical
Corrections Act of 2002''.
(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; etc.
Sec. 2. Amendments related to Job Creation and Worker Assistance Act of
2002.
Sec. 3. Amendments related to Economic Growth and Tax Relief
Reconciliation Act of 2001.
Sec. 4. Amendment related to Victims of Terrorism Tax Relief Act of
2001.
Sec. 5. Amendments related to Community Renewal Tax Relief Act of 2000.
Sec. 6. Amendments related to Taxpayer Relief Act of 1997.
Sec. 7. Other technical corrections.
Sec. 8. Clerical amendments.
SEC. 2. AMENDMENTS RELATED TO JOB CREATION AND WORKER ASSISTANCE ACT OF
2002.
(a) Amendments Related to Section 101 of the Act.--
(1) Subparagraph (A) of section 168(k)(2) is amended--
(A) by striking ``but only if no written binding
contract for the acquisition was in effect before
September 11, 2001,'' in clause (iii)(I), and
(B) by adding at the end the following new
sentence:
``Such term shall not include any property with respect
to which a written binding contract is in effect before
September 11, 2001, for the acquisition of such
property or, in the case of property manufactured,
constructed, or produced for the taxpayer's own use,
for the manufacture, construction, or production of
such property.''.
(2) Clause (ii) of section 168(k)(2)(D) is amended--
(A) by inserting ``clause (iii) and'' before
``subparagraph (A)(ii)'',
(B) by inserting ``is'' after ``if property'', and
(C) by striking ``is'' in subclause (I).
(3) Subparagraph (D) of section 168(k)(2) is amended by
adding at the end the following new clause:
``(iii) Syndication.--For purposes of
subparagraph (A)(ii), if--
``(I) property is originally placed
in service after September 10, 2001, by
the lessor of such property,
``(II) such property is sold by
such lessor or any subsequent purchaser
within 3 months after the date so
placed in service, and
``(III) the user of such property
after the last sale during such 3-month
period remains the same as when such
property was originally placed in
service,
such property shall be treated as originally
placed in service not earlier than the date of
such last sale.''.
(b) Amendments Related to Section 102 of the Act.--
(1) Subparagraph (H) of section 172(b)(1) is amended by
striking ``a taxpayer which has''.
(2) In the case of a net operating loss for a taxable year
ending during 2001--
(A) an application under section 6411(a) of the
Internal Revenue Code of 1986 with respect to such loss
shall not fail to be treated as timely filed if filed
before November 1, 2002, and
(B) any election made under subsection (b)(3) or
(j) of section 172 of such Code may (notwithstanding
such subsections) be revoked before November 1, 2002.
(3) Section 102(c)(2) of the Job Creation and Worker
Assistance Act of 2002 (Public Law 107-147) is amended by
striking ``before January 1, 2003'' and inserting ``after
December 31, 1995''.
(4)(A) Subclause (I) of section 56(d)(1)(A)(i) is amended
by striking ``attributable to carryovers''.
(B) Subclause (I) of section 56(d)(1)(A)(ii) is amended--
(i) by striking ``for taxable years'' and inserting
``from taxable years'', and
(ii) by striking ``carryforwards'' and inserting
``carryovers''.
(c) Amendments Related to Section 301 of the Act.--
(1) Subparagraph (D) of section 1400L(a)(2) is amended--
(A) by striking ``subchapter B'' and inserting
``subchapter A'', and
(B) in clause (ii), by striking ``subparagraph
(B)'' and inserting ``this paragraph''.
(2) Subparagraph (A) of section 1400L(b)(2) is amended--
(A) by striking ``but only if no written binding
contract for the acquisition was in effect before
September 11, 2001,'' in clause (iv), and
(B) by adding at the end the following new
sentence: ``The term `qualified New York Liberty Zone
property' shall not include any property with respect
to which a written binding contract is in effect before
September 11, 2001, for the acquisition of such
property or, in the case of property manufactured,
constructed, or produced for the taxpayer's own use,
for the manufacture, construction, or production of
such property.''.
(3) Paragraph (2) of section 1400L(f) is amended by
inserting before the period ``, determined without regard to
subparagraph (C)(i) thereof''.
(d) Amendment Related to Section 405 of the Act.--The last sentence
of section 4006(a)(3)(E)(iii)(IV) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1306(a)(3)(E)(iii)(IV)) is amended--
(1) by inserting ``or this subparagraph'' after ``this
clause'' both places it appears, and
(2) by inserting ``(other than sections 4005, 4010, 4011,
and 4043)'' after ``subsections''.
(e) Amendment Related to Section 411 of the Act.--Section
411(c)(2)(B) of the Job Creation and Worker Assistance Act of 2002 is
amended by striking ``Paragraph (2)'' and inserting ``Paragraph (1)''.
(f) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the Job Creation and Worker
Assistance Act of 2002 to which they relate.
SEC. 3. AMENDMENTS RELATED TO ECONOMIC GROWTH AND TAX RELIEF
RECONCILIATION ACT OF 2001.
(a) Amendment Related to Section 401 of the Act.--Clause (i) of
section 530(d)(2)(C) is amended by striking ``higher'' after
``qualified''.
(b) Amendment Related to Section 611 of the Act.--Section
415(d)(4)(A) is amended by adding at the end the following new
sentence: ``This subparagraph shall also apply for purposes of any
provision of this title that provides for adjustments in accordance
with the method contained in this subsection, except to the extent
provided in such provision.''.
(c) Amendment Related to Section 637 of the Act.--Section
408(p)(6)(A)(i) is amended by adding at the end the following new
sentence: ``For purposes of the preceding sentence, amounts described
in section 6051(a)(3) shall be determined without regard to section
3401(a)(3).''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the Economic Growth and Tax
Relief Reconciliation Act of 2001 to which they relate.
SEC. 4. AMENDMENT RELATED TO VICTIMS OF TERRORISM TAX RELIEF ACT OF
2001.
(a) Amendment Related to Section 201 of the Act.--Clause (iv) of
section 6103(i)(7)(B) is amended by inserting ``and subparagraph (A)''
after ``this subparagraph''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in section 201 of the Victims of Terrorism Tax
Relief Act of 2001.
SEC. 5. AMENDMENTS RELATED TO COMMUNITY RENEWAL TAX RELIEF ACT OF 2000.
(a) Amendments Related to Section 401 of the Act.--
(1) Subsection (c) of section 1234B is amended by adding at
the end the following new sentence: ``The Secretary may
prescribe regulations regarding the status of contracts the
value of which are determined directly or indirectly by
reference to an index which becomes (or ceases to be) a narrow-
based security index (as defined for purposes of section
1256(g)(6)).''.
(2) Paragraph (6) of section 1256(g) is amended by adding
at the end the following new sentence: ``The Secretary may
prescribe regulations regarding the status of options the value
of which are determined directly or indirectly by reference to
an index which becomes (or ceases to be) a narrow-based
security index (as so defined).''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in section 401 of the Community Renewal Tax
Relief Act of 2000.
SEC. 6. AMENDMENTS RELATED TO TAXPAYER RELIEF ACT OF 1997.
(a) Amendments Related to Section 1001 of the Act.--
(1) Paragraph (2) of section 1259(c) is amended by striking
``The term `constructive sale' shall not include any contract''
and inserting ``A taxpayer shall not be treated as having made
a constructive sale solely because the taxpayer enters into a
contract''.
(2) Subparagraphs (A) and (B)(i) of section 1259(c)(3) are
each amended by striking ``be treated as a constructive sale''
and inserting ``cause a constructive sale''.
(3) Clause (i) of section 1259(c)(3)(A) is amended by
striking ``before the end of'' and inserting ``on or before''.
(4) Clause (ii) of section 1259(c)(3)(B) is amended by
striking ``substantially similar''.
(5) Subclause (I) of section 1259(c)(3)(B)(ii) is amended
to read as follows:
``(I) which would (but for this
subparagraph) cause the requirement of
subparagraph (A)(iii) not to be met
with respect to the transaction
described in clause (i) of this
subparagraph,''.
(6) Subclause (II) of such section is amended by inserting
``on or'' before ``before the 30th day''.
(7) The heading for subparagraph (B) of section 1259(c)(3)
is amended by striking ``positions which are reestablished''
and inserting ``certain closed transactions where risk of loss
on appreciated financial position diminished''.
(b) Amendment Related to Section 1031 of the Act.--Section
4261(e)(4) is amended by adding at the end the following new
subparagraph:
``(D) Special rule for amounts paid for domestic
segments beginning after 2002.--If an amount is paid
during a calendar year for a domestic segment beginning
in a later calendar year, then the rate of tax under
subsection (b) on such amount shall be the rate in
effect for the calendar year in which such amount is
paid.''
(c) Effective Date.--
(1) Amendments related to section 1001.--The amendments
made by subsection (a) shall take effect as if included in
section 1001 of the Taxpayer Relief Act of 1997.
(2) Amendments related to section 1031.--The amendment made
by subsection (b) shall apply to segments beginning after
December 31, 2002.
SEC. 7. OTHER TECHNICAL CORRECTIONS.
(a) Definition of Valid Taxpayer Identification Number for Earned
Income Credit.--Section 32(m) is amended to read as follows:
``(m) Identification Numbers.--Solely for purposes of subsections
(c)(1)(F) and (c)(3)(D), a taxpayer identification number means a
social security number assigned by the Social Security Administration--
``(1) to a citizen of the United States, or
``(2) to an individual pursuant to subclause (I) (or that
portion of subclause (III) that relates to subclause (I)) of
section 205(c)(2)(B)(i) of the Social Security Act.''.
(b) Effective Date.--The amendment made by this subsection shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 8. CLERICAL AMENDMENTS.
(a) The heading for subparagraph (F) of section 168(k)(2) is
amended by striking ``miniumum'' and inserting ``minimum''.
(b) The item relating to section 1234B in the table of sections for
subpart IV of subchapter P of chapter 1 is amended to read as follows:
``Sec. 1234B. Gains or losses from securities futures
contracts.''.
(c) Section 156(c) of the Community Renewal Tax Relief Act of 2000
(114 Stat. 2763A-623) is amended in the first sentence by inserting
``than'' after ``not later''. | Tax Technical Corrections Act of 2002 - Amends the Internal Revenue Code to make technical corrections to the Job Creation and Worker Assistance Act of 2002 concerning: (1) the special depreciation allowance for certain property acquired after September 10, 2001 and before September 11, 2004; (2) the application of the temporary suspension of the 90 percent alternative minimum taxable income limit on certain carrybacks of net operating losses; (3) certain tax benefits for areas of New York City which sustained damage from the terrorist acts of September 11, 2001; (4) the interest rate range for certain additional funding requirements under the Employee Retirement Income Security Act of 1974 (ERISA); and (5) a technical correction to the Economic Growth and Tax Relief Reconciliation Act of 2001.Makes technical corrections to the Economic Growth and Tax Relief Reconciliation Act of 2001 concerning: (1) modifications to educational individual retirement accounts (IRAs); (2) an increase in benefit and contribution limits for defined benefit plans; and (3) a waiver of tax for nondeductible contributions to domestic and similar workers.Makes technical corrections to the Victims of Terrorism Tax Relief Act of 2001 concerning the disclosure of tax information in terrorism and national security investigations.Makes technical corrections to the Community Renewal Tax Relief Act of 2000 concerning the tax treatment of securities futures contracts.Makes technical corrects to the Taxpayer Relief Act of 1997 concerning constructive sales treatment for appreciated financial positions and the extension and modification of taxes funding the Airport and Airway Trust Fund.Redefines valid taxpayer identification number for the earned income credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to make technical corrections, and for other purposes."} | 3,160 | 322 | 0.507158 | 1.575731 | 0.669757 | 2.175676 | 8.959459 | 0.77027 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``E911 Surcharge Fairness Act of
2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Wireless E911 was established by Congress to provide
for vital emergency communications systems for the benefit of
end-users of mobile services and the public, and funding
methods and surcharges are intended to be the responsibility of
end-users and fair, equitable, and competitively neutral among
all wireless providers and sellers of wireless service.
(2) Wireless services have traditionally been offered on a
monthly billed or postpaid basis, but in recent years the
offering of wireless services on a ``pay as you go'' or prepaid
basis, has grown to be a significant share of the wireless
marketplace and this trend is continuing.
(3) Wireless E911 has been typically funded in the postpaid
model by a uniform monthly surcharge on customer bills, but
prepaid mobile services are purchased by customers at retail on
a ``pay-as-you-go'' basis, and there are no bills.
(4) States have not adopted an effective uniform approach
to collecting E911 surcharges from retail ``pay-as-you-go''
customers of mobile services, as has existed with postpaid
mobile services, and solutions have ranged from imposing and
collecting no surcharges from prepaid customers, to shifting
the burden to pay the surcharge to providers and sellers of
prepaid mobile services. The latter solution has resulted in
unfair and inequitable treatment of the prepaid mobile service
business model and reduced funding for E911.
(5) Virtually all States require postpaid mobile service
providers to simply put the State's E911 charge on their
monthly bills, and such providers are statutorily exonerated
from any failure to collect the E911 charge from such
customers. Those same States require prepaid service providers
and sellers to serve as a financial guarantor of collection
from all prepaid mobile service customers, notwithstanding the
fact that there is no feasible method of collection for such
providers and sellers for most customers.
(6) There needs to be a uniform feasible collection method
for prepaid mobile service customers to contribute to States'
E911 funds just as has been provided for postpaid customers via
their monthly bills.
(7) Congress, in House Report No. 110-442 and Senate Report
No. 110-142, encouraged State and local governments to apply
E911 fees equitably to communications services and to
accommodate the prepaid mobile service business model.
SEC. 3. E911 SURCHARGES.
(a) In General.--Beginning on the date of enactment of this Act, no
State or local jurisdiction shall impose a new unfair or inequitable
E911 fee, tax, or surcharge (``E911 fee'') with respect to any prepaid
mobile service, prepaid mobile service provider, or prepaid mobile
service customer, nor shall it enforce a new or existing E911 fee in an
unfair or inequitable manner.
(b) Definitions.--In this Act:
(1) E911 fee.--The term ``E911 fee'' means any 911 or E911
fee, tax, or surcharge specifically imposed or designated by a
State or local jurisdiction for the support of 911 or E911
communications systems and related public safety purposes,
whether or not actually appropriated and expended for such
purposes.
(2) Mobile service.--The term ``mobile service'' means
commercial mobile radio service, as such term is defined in
section 20.3 of title 47, Code of Federal Regulations, as in
effect on the date of enactment of this Act, or any other
service that is primarily intended for receipt on, transmission
from, or use with a mobile telephone or other mobile device,
including but not limited to the receipt of a digital good.
(3) Prepaid mobile service.--The term ``prepaid mobile
service'' means mobile service which is paid for in advance, is
sold in predetermined units or dollars, or for use within a
predetermined period of time, and without the issuance of a
monthly or other periodic bill.
(4) Postpaid mobile service.--The term ``postpaid mobile
service'' means a mobile service which is paid for in arrears
pursuant to monthly or other periodic billing arrangements.
(5) New unfair or inequitable e911 fee.--The term ``new
unfair or inequitable E911 fee'' means--
(A) any E911 fee that cannot be collected from end-
users who are the intended payors of the E911 fees
under the existing wireless business model of the
prepaid mobile service provider; or
(B) any E911 fee that is enforced in a manner that
imposes strict liability on a prepaid mobile service
provider for its inability to collect such E911 fee as
prescribed in subparagraph (A).
(6) Unfair or inequitable manner.--The term ``unfair or
inequitable manner'' means--
(A) the imposition against a prepaid mobile service
provider or seller of any E911 fee that the prepaid
mobile service provider cannot collect from its end-
user customers who are the intended payors of the fees
under its existing wireless business model;
(B) the enforcement of an E911 fee against a
prepaid mobile service provider in a manner that
creates strict liability for the prepaid mobile service
provider or seller for its inability to collect as
prescribed in subparagraph (A); or
(C) the imposition of a E911 fee in a manner that
results in the E911 fee being subject to other State or
local taxes when such other State or local taxes are
not equally imposed on the E911 fees paid by postpaid
mobile service customers.
(7) Provider.--The term ``provider'' means a
telecommunications carrier as defined in section 1 of the
Communications Act of 1934 (47 U.S.C. 153(44)) that offers
mobile service. | E911 Surcharge Fairness Act of 2011 - Prohibits any state or local government from: (1) imposing a new unfair or inequitable E911 fee, tax, or surcharge with respect to any prepaid mobile service, provider, or customer; or (2) enforcing a new or existing E911 fee in an unfair or inequitable manner.
Defines "E911 fee" as any 911 or E911 fee, tax, or surcharge specifically imposed or designated by a state or local government for the support of 911 or E911 communications systems and related public safety purposes.
Defines as "unfair or inequitable" any E911 fee that: (1) cannot be collected from end-users who are the intended payors of the fees under the existing wireless business model of the prepaid mobile service provider, or (2) is enforced in a manner that imposes strict liability on a prepaid mobile service provider for its inability to collect such fee as so prescribed.
Defines an "unfair or inequitable manner" as: (1) the imposition against a prepaid mobile service provider or seller of any E911 fee that the provider cannot collect from its end-user customers who are the intended payors of the fees under its existing wireless business model, (2) the enforcement of an E911 fee against a prepaid mobile service provider in a manner that creates strict liability for the provider or seller for its inability to collect as so prescribed, or (3) the imposition of a E911 fee in a manner that results in the fee being subject to other state or local taxes when such taxes are not equally imposed on the E911 fees paid by postpaid mobile service customers. | {"src": "billsum_train", "title": "To ensure that State and local E911 fees, taxes, and surcharges are imposed in a fair and equitable manner with respect to prepaid mobile services."} | 1,330 | 382 | 0.678774 | 2.480579 | 0.740638 | 5.828025 | 3.735669 | 0.949045 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency and Disaster Assistance
Fraud Penalty Enhancement Act of 2005''.
SEC. 2. FRAUD IN CONNECTION WITH MAJOR DISASTER OR EMERGENCY BENEFITS.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1039. Fraud in connection with major disaster or emergency
benefits
``(a) Whoever, in a circumstance described in subsection (b) of
this section, knowingly--
``(1) falsifies, conceals, or covers up by any trick,
scheme, or device any material fact; or
``(2) makes any materially false, fictitious, or fraudulent
statement or representation, or makes or uses any false writing
or document knowing the same to contain any materially false,
fictitious, or fraudulent statement or representation,
in any matter involving any benefit authorized, transported,
transmitted, transferred, disbursed, or paid in connection with a major
disaster declaration under section 401 of the Disaster Relief Act of
1974, or an emergency declaration under section 501 of the Disaster
Relief Act of 1974, or in connection with any procurement of property
or services related to any emergency or disaster declaration as a prime
contractor with the United States or as a subcontractor or supplier on
a contract in which there is a prime contract with the United States,
shall be fined under this title, imprisoned for not more than 30 years,
or both.
``(b) The circumstance to which subsection (a) of this section
refers is that--
``(1) the authorization, transportation, transmission,
transfer, disbursement, or payment of the benefit is in or
affects interstate or foreign commerce;
``(2) the benefit is transported in the mail at any point
in the authorization, transportation, transmission, transfer,
disbursement, or payment of that benefit; or
``(3) the benefit is a record, voucher, payment, money, or
thing of value of the United States, or of any department or
agency thereof.
``(c) In this section, the term `benefit' means any record,
voucher, payment, money or thing of value, good, service, right, or
privilege provided by the United States, State or local government, or
other entity.''.
(b) Clerical Amendment.--The table of sections for chapter 47 of
title 18, United States Code, is amended by inserting at the end the
following new item:
``1039. Fraud in connection with major disaster or emergency
benefits''.
SEC. 3. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN WIRE, RADIO, AND
TELEVISION FRAUD DURING AND RELATION TO A PRESIDENTIALLY
DECLARED MAJOR DISASTER OR EMERGENCY.
Section 1343 of title 18, United States Code, is amended by
inserting: ``occurs in relation to, or involving any benefit
authorized, transported, transmitted, transferred, disbursed, or paid
in connection with, a presidentially declared major disaster or
emergency, or'' after ``If the violation''.
SEC. 4. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN MAIL FRAUD DURING
AND RELATION TO A PRESIDENTIALLY DECLARED MAJOR DISASTER
OR EMERGENCY.
Section 1341 of title 18, United States Code, is amended by
inserting: ``occurs in relation to, or involving any benefit
authorized, transported, transmitted, transferred, disbursed, or paid
in connection with, a presidentially declared major disaster or
emergency, or'' after ``If the violation''.
SEC. 5. DIRECTIVE TO SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission forthwith shall--
(1) promulgate sentencing guidelines or amend existing
sentencing guidelines to provide for increased penalties for
persons convicted of fraud or theft offenses in connection with
a major disaster declaration under section 5170 of title 42,
United States Code, or an emergency declaration under section
5191 of title 42, United States Code; and
(2) submit to the Committees on the Judiciary of the United
States Congress an explanation of actions taken by the
Commission pursuant to paragraph (1) and any additional policy
recommendations the Commission may have for combating offenses
described in that paragraph.
(b) Requirements.--In carrying out this section, the Sentencing
Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offenses described
in subsection (a) and the need for aggressive and appropriate
law enforcement action to prevent such offenses;
(2) assure reasonable consistency with other relevant
directives and with other guidelines;
(3) account for any aggravating or mitigating circumstances
that might justify exceptions, including circumstances for
which the sentencing guidelines currently provide sentencing
enhancements;
(4) make any necessary conforming changes to the sentencing
guidelines; and
(5) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
(c) Emergency Authority and Deadline for Commission Action.--The
Commission shall promulgate the guidelines or amendments provided for
under this section as soon as practicable, and in any event not later
than the 30 days after the date of the enactment of this Act, in
accordance with the procedures set forth in section 21(a) of the
Sentencing Reform Act of 1987, as though the authority under that Act
had not expired.
Passed the House of Representatives June 20, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2005 - Amends the federal criminal code to prohibit fraud in any matter involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a major disaster or emergency declaration under the Disaster Relief Act of 1974 or in connection with the procurement of property or services related to a disaster by a contractor or supplier. Imposes a fine and/or prison term of up to 30 years for violations.
Imposes a fine of $1 million and/or prison term of up to 30 years for wire, radio, television, or mail fraud in connection with a presidentially declared major disaster or emergency.
Directs the U.S. Sentencing Commission to: (1) promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of fraud or theft offenses in connection with a major disaster or emergency declaration; and (2) submit to the Judiciary Committees of Congress an explanation of actions taken to combat such offenses. | {"src": "billsum_train", "title": "To amend title 18, United States Code, with respect to fraud in connection with major disaster or emergency funds."} | 1,312 | 221 | 0.600616 | 1.861957 | 0.899059 | 4.282609 | 6.282609 | 0.902174 |
SECTION 1. LIMITATION ON CITIZEN SUIT PROVISION.
Section 505 of the Federal Water Pollution Control Act (33 U.S.C.
1365) is amended--
(1) in subsection (a) by striking ``subsection (b)'' and
inserting ``subsections (b) and (i)''; and
(2) by adding at the end the following:
``(i) Limitation for POTW Suits.--
``(1) In general.--No action may be commenced under
subsection (a)(1) by a citizen with respect to a publicly owned
treatment works to enforce an effluent standard or limitation
under this Act or an order issued by the Administrator or a
State with respect to such a standard or limitation unless the
publicly owned treatment works is in significant non-
compliance, as defined in the Environmental Protection Agency's
December 12, 1996, guidance document entitled `A General Design
for SNC Redefinition Enhancement in PCS'.
``(2) Exception.--Notwithstanding paragraph (1), no action
may be commenced under subsection (a)(1) with respect to a
publicly owned treatment works that is in significant non-
compliance based on a manual designation, as defined in the
Environmental Protection Agency's December 12, 1996, guidance
document entitled `A General Design for SNC Redefinition
Enhancement in PCS'.''.
SEC. 2. AFFIRMATIVE DEFENSES.
Section 309 of the Federal Water Pollution Control Act (33 U.S.C.
1319) is amended by adding at the end the following:
``(h) Affirmative Defenses.--
``(1) In general.--There shall be no liability under this
Act for a person otherwise liable for the unlawful discharge of
a pollutant from a publicly owned treatment works who can
establish by a preponderance of the evidence that the immediate
cause of the unlawful discharge and any damages was--
``(A) an act of God;
``(B) an act of war;
``(C) an act or omission of a third party other
than an employee or agent of the defendant, or than one
whose act or omission occurs in connection with a
contractual relationship, existing directly or
indirectly, with the defendant, if the defendant
establishes by a preponderance of the evidence that--
``(i) he exercised due care in light of all
relevant facts and circumstances; and
``(ii) he took precautions against
foreseeable acts or omissions of any such third
party and the consequences that could
foreseeably result from such acts or omissions;
or
``(D) any combination of the foregoing
subparagraphs.
``(2) Additional defenses.--All general defenses,
affirmative defenses, and bars to prosecution that may apply
with respect to other Federal criminal offenses may apply under
this Act and shall be determined by the courts of the United
States according to the principles of common law as they may be
interpreted in the light of reason and experience. Concepts of
justification and excuse applicable under this section may be
developed in the light of reason and experience.''.
SEC. 3. WAITING PERIOD.
In implementing the Federal Water Pollution Control Act, the
Administrator of the Environmental Protection Agency or a State, as the
case may be, shall provide a 60-day waiting period between the notice
of a violation of the Act by a publicly owned treatment works and the
issuance of a civil penalty. If within such 60-day period the publicly
owned treatment works submits a viable plan for correcting the non-
compliance that is the subject of the notice and thereafter diligently
implements such plan, the Administrator shall not assess a civil
penalty for the notice of violation.
SEC. 4. PERMIT LENGTH.
(a) In General.--Notwithstanding any other law, any permit issued
to the owner or operator of a publicly owned treatment works by the
Administrator of the Environmental Protection Agency or a State, as the
case may be, to discharge a pollutant under the Federal Water Pollution
Control Act shall have a 15-year term.
(b) Conforming Amendment.--Section 402(b)(1)(B) of the Federal
Water Pollution Control Act is amended by striking ``five years'' and
inserting ``5 years, or, in the case of a publicly owned treatment
works, 15 years''.
SEC. 5. ATTORNEY'S FEES.
Section 505(d) of the Federal Water Pollution Control Act (33
U.S.C. 1365(d)) is amended by inserting after the first sentence the
following: ``With respect to an action involving a publicly owned
treatment works, the court, in determining whether the costs of
litigation (including attorney and expert witness fees) are reasonable,
shall consider the prevailing rate of such fees in the community where
the publicly owned treatment works is located.''.
SEC. 6. COST BENEFIT ANALYSIS.
Notwithstanding any other law, any new or increased treatment
requirement associated with a permit issued to the owner or operator of
a publicly owned treatment works by the Administrator of the
Environmental Protection Agency or a State, as the case may be, to
discharge a pollutant under the Federal Water Pollution Control Act
shall be subject to a cost-benefit analysis performed by the
Administrator or the State to ensure that the costs imposed on such
owner or operator to comply with such new or increased requirement are
outweighed by the benefit to the public of the new or increased
requirement. | Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a citizen suit from being commenced against a publicly owned treatment works (POTW): (1) to enforce an effluent standard or limitation unless the POTW is in significant non-compliance as defined in the Environmental Protection Agency's (EPA's) guidance document entitled "A General Design for SNC Redefinition Enhancement in PCS," or (2) that is in significant non-compliance based on a manual designation as defined by such guidance document.
Prohibits liability for an unlawful discharge of a pollutant from a POTW for a person who can establish by a preponderance of the evidence that the immediate cause of such discharge and any damages was: (1) an act of God; (2) an act of war; or (3) an act or omission of a third party other than an employee or agent of such person or one whose act or omission occurs in connection with a contractual relationship with such person, if such person exercised due care and took precautions against foreseeable acts or omissions of such third party and the consequences that could foreseeably result from such acts or omissions.
Requires the Administrator of EPA or a state to provide a 60-day waiting period between the notice of a violation of such Act by a POTW and the issuance of a civil penalty. Prohibits the Administrator from assessing a penalty for a violation if the POTW submits a viable plan for correcting the non-compliance within such period and thereafter implements such plan.
Requires any permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to have a 15-year (currently five-year) term. Limits attorney fees with respect to actions involving POTWs to the prevailing fees in the community. Requires any new or increased treatment requirement associated with a permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to be subject to a cost-benefit analysis. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned treatment works, to provide for defenses, to extend the period of a permit, to limit attorneys fees, and for other purposes."} | 1,238 | 489 | 0.632382 | 2.068384 | 0.811027 | 4.388451 | 2.853018 | 0.934383 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Worker and Investor
Protection Act of 2002''.
SEC. 2. CERTAIN SALES OF COMPANY STOCK BY CORPORATE INSIDERS TO BE
SUBJECT TO EXCISE TAX ON GOLDEN PARACHUTE PAYMENTS.
(a) In General.--Section 4999 of the Internal Revenue Code of 1986
(relating to golden parachute payments) is amended by redesignating
subsection (c) as subsection (d) and by inserting after subsection (b)
the following new subsection:
``(c) Certain Sales of Company Stock by Corporate Insiders.--
``(1) In general.--For purposes of this section, the term
`excess parachute payment' includes any amount realized by a
corporate insider on the sale or exchange of stock in the
corporation with respect to which the individual is a corporate
insider if such sale or exchange occurs while such corporation
(or any other entity consolidated with such corporation for
purposes of reporting to the Securities and Exchange
Commission) maintains a transfer-restricted 401(k) plan.
``(2) Corporate insider.--For purposes of this subsection,
the term `corporate insider' means, with respect to a
corporation, any individual who is subject to the requirements
of section 16(a) of the Securities Exchange Act of 1934 with
respect to such corporation.
``(3) Transfer-restricted 401(k) plan.--For purposes of
this subsection, the term `transfer-restricted 401(k) plan'
means, with respect to any period, any qualified cash or
deferred arrangement (as defined in section 401(k)(2)) if,
during such period, any participant in such arrangement is not
able to freely sell employer stock--
``(A) which is held in such participant's account
under such arrangement, and
``(B) which is attributable to employee
contributions, employer contributions, or earnings
thereon.
``(4) Application of subsection.--This subsection shall
apply to sales and exchanges during the 6-month period
beginning on the date of the enactment of this subsection.''
(b) Effective Date.--The amendment made by this section shall apply
to sales and exchanges on or after the date of the enactment of this
Act.
SEC. 3. DENIAL OF DEDUCTION FOR PAYMENTS ON DEBT INSTRUMENTS NOT
INCLUDED AS LIABILITIES FOR PURPOSES OF SHAREHOLDER
REPORTING.
(a) In General.--Paragraph (2) of section 163(l) of the Internal
Revenue Code of 1986 (relating to disallowance of deduction on certain
debt instruments of corporations) is amended to read as follows:
``(2) Disqualified debt instrument.--For purposes of this
subsection, the term `disqualified debt instrument' means--
``(A) any indebtedness of a corporation which is
payable in equity of the issuer or a related party, and
``(B) in the case of an SEC registrant--
``(i) any indebtedness of such registrant
if such indebtedness is not shown in the
certified annual report as part of the total
liabilities of such registrant, and
``(ii) any indebtedness of an off-balance-
sheet entity if the proceeds from the issuance
of such indebtedness are used directly or
indirectly to acquire stock (or other ownership
interest) in such registrant.''
(b) Definitions.--Subsection (l) of section 163 of such Code is
amended by redesignating paragraph (5) as paragraph (8) and by
inserting after paragraph (4) the following new paragraphs:
``(5) Certified annual report.--For purposes of this
subsection, the term `certified annual report' means, with
respect to any taxable year, any annual report (or financial
statement) covering all or part of such taxable year--
``(A) which is required to be filed with the
Securities and Exchange Commission, and
``(B) which is required to be certified by an
independent public accountant.
``(6) SEC registrant.--The term `SEC registrant' means--
``(A) any corporation which is required to file a
certified annual report with the Securities and
Exchange Commission, and
``(B) any other entity the assets and liabilities
of which are consolidated with a corporation described
in subparagraph (A) for purposes of such a report.
``(7) Off-balance-sheet entity.--For purposes of this
subsection, the term `off-balance-sheet entity' means, with
respect to any SEC registrant, an entity in which such
registrant holds an ownership interest if--
``(A) the assets and liabilities of such entity are
not consolidated as part of the assets and liabilities
of the registrant for purposes of such registrant's
certified annual report, and
``(B) for purposes of this title, such entity is
treated as a partnership or trust or is disregarded as
an entity separate from its owner pursuant to
regulations issued by the Secretary.''
(c) Effective Date.--The amendments made by this section shall
apply to instruments issued after the date of the enactment of this
Act. | Emergency Worker and Investor Protection Act of 2002 - Amends Internal Revenue Code concerning golden parachute payments to include within the definition of the term "excess parachute payment" any amount realized by a corporate insider on the sale or exchange of stock in the corporation with respect to which an individual is a corporate insider if such sale or exchange occurs while such corporation maintains a transfer-restricted 401(k) plan (thereby subjecting such sales to a 20 percent excise tax). Defines the terms "corporate insider" and "transfer-restricted 401(k) plan."Includes within the definition of the term "disqualified debt instrument," in the case of an SEC registrant: (1) any indebtedness of such registrant if such indebtedness is not shown in the certified annual report as part of the total liabilities of such registrant; and (2) any indebtedness of an off-balance-sheet entity if the proceeds from the issuance of such indebtedness are used directly or indirectly to acquire stock in such registrant (thereby denying the deduction for payments on debt instruments not included as liabilities for purposes of shareholder recording). Defines the terms "certified annual report," "SEC registrant," and "off balance-sheet entity." | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend the golden parachute excise tax to sales of company stock by corporate insiders occurring when the company prevents rank-and-file employees from selling company stock held in their 401(k) plan, and to ensure more accurate reporting of liabilities to workers and shareholders."} | 1,214 | 298 | 0.648927 | 1.775567 | 0.794046 | 4.493506 | 4.441558 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Protection and Rate Review
Act of 2013''.
SEC. 2. REQUIRING STATE INSURANCE COMMISSIONERS TO INVESTIGATE
INSTANCES OF INADEQUATE NOTICES OF CANCELLATION OR
CONVERSION OF INDIVIDUAL HEALTH INSURANCE POLICIES.
(a) In General.--Each State insurance commissioner shall
investigate and take appropriate administrative or other actions (such
as the imposition of a fine) on cases of inadequate notices of
cancellations or conversions of health insurance coverage in the
individual market that take effect on or after January 1, 2014.
(b) Inadequate Notice.--In this section, a notice of the
cancellation or conversion of individual health insurance coverage
shall be treated as inadequate if the notice--
(1) fails to contain information--
(A) on obtaining health insurance coverage through
an Exchange under the Patient Protection and Affordable
Care Act;
(B) on the possible availability of assistance
under such Act towards payment of the premiums and
cost-sharing for such coverage; and
(C) on the improved benefits for coverage through
an Exchange, compared to health insurance coverage not
offered through an Exchange;
(2) fails to be transparent by inappropriately steering
individuals to more expensive plans provided by the cancelling
issuer; or
(3) fails to otherwise comply with requirements of law.
(c) Reports.--
(1) State commissioners to hhs.--Not later than March 31,
2014, each State insurance commissioner shall submit to the
Secretary of Health and Human Services a report on the
investigations and actions described in subsection (a).
(2) HHS report to congress.--Not later than April 30, 2014,
the Secretary shall submit to Congress a report on such
investigations and actions.
(d) Definitions of State, Health Insurance Coverage, and Individual
Market.--In this section, the terms ``State'', ``health insurance
coverage'', and ``individual market'' have the meanings given such
terms for purposes of title I of the Patient Protection and Affordable
Care Act.
SEC. 3. PROTECTION OF CONSUMERS FROM EXCESSIVE, UNJUSTIFIED, OR
UNFAIRLY DISCRIMINATORY RATES [FROM H.R. 1019].
(a) Protection From Excessive, Unjustified, or Unfairly
Discriminatory Rates.--The first section 2794 of the Public Health
Service Act (42 U.S.C. 300gg-94), as added by section 1003 of the
Patient Protection and Affordable Care Act (Public Law 111-148), is
amended by adding at the end the following new subsection:
``(e) Protection From Excessive, Unjustified, or Unfairly
Discriminatory Rates.--
``(1) Authority of states.--Nothing in this section shall
be construed to prohibit a State from imposing requirements
(including requirements relating to rate review standards and
procedures and information reporting) on health insurance
issuers with respect to rates that are in addition to the
requirements of this section and are more protective of
consumers than such requirements.
``(2) Consultation in rate review process.--In carrying out
this section, the Secretary shall consult with the National
Association of Insurance Commissioners and consumer groups.
``(3) Determination of who conducts reviews for each
state.--The Secretary shall determine, after the date of
enactment of this section and periodically thereafter, the
following:
``(A) In which markets in each State the State
insurance commissioner or relevant State regulator
shall undertake the corrective actions under paragraph
(4), as a condition of the State receiving the grant in
subsection (c), based on the Secretary's determination
that the State regulator is adequately undertaking and
utilizing such actions in that market.
``(B) In which markets in each State the Secretary
shall undertake the corrective actions under paragraph
(4), in cooperation with the relevant State insurance
commissioner or State regulator, based on the
Secretary's determination that the State is not
adequately undertaking and utilizing such actions in
that market.
``(4) Corrective action for excessive, unjustified, or
unfairly discriminatory rates.--In accordance with the process
established under this section, the Secretary or the relevant
State insurance commissioner or State regulator shall take
corrective actions to ensure that any excessive, unjustified,
or unfairly discriminatory rates are corrected prior to
implementation, or as soon as possible thereafter, through
mechanisms such as--
``(A) denying rates;
``(B) modifying rates; or
``(C) requiring rebates to consumers.
``(5) Noncompliance.--Failure to comply with any corrective
action taken by the Secretary under this subsection may result
in the application of civil monetary penalties and, if the
Secretary determines appropriate, make the plan involved
ineligible for classification as a Qualified Health Plan.''.
(b) Clarification of Regulatory Authority.--Such section is further
amended--
(1) in subsection (a)--
(A) in the heading, by striking ``Premium'' and
inserting ``Rate'';
(B) in paragraph (1), by striking ``unreasonable
increases in premiums'' and inserting ``potentially
excessive, unjustified, or unfairly discriminatory
rates, including premiums,''; and
(C) in paragraph (2)--
(i) by striking ``an unreasonable premium
increase'' and inserting ``a potentially
excessive, unjustified, or unfairly
discriminatory rate'';
(ii) by striking ``the increase'' and
inserting ``the rate''; and
(iii) by striking ``such increases'' and
inserting ``such rates'';
(2) in subsection (b)--
(A) by striking ``premium increases'' each place it
appears and inserting ``rates''; and
(B) in paragraph (2)(B), by striking ``premium''
and inserting ``rate''; and
(3) in subsection (c)(1)--
(A) in the heading, by striking ``Premium'' and
inserting ``Rate'';
(B) by inserting ``that satisfy the condition under
subsection (e)(3)(A)'' after ``award grants to
States''; and
(C) in subparagraph (A), by striking ``premium
increases'' and inserting ``rates''.
(c) Conforming Amendment.--Title XXVII of the Public Health Service
Act (42 U.S.C. 300gg et seq.) is amended--
(1) in section 2723 (42 U.S.C. 300gg-22), as redesignated
by the Patient Protection and Affordable Care Act--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``and
section 2794'' after ``this part''; and
(ii) in paragraph (2), by inserting ``or
section 2794'' after ``this part''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``and
section 2794'' after ``this part''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by
inserting ``or section 2794 that is''
after ``this part''; and
(II) in subparagraph (C)(ii), by
inserting ``or section 2794'' after
``this part''; and
(2) in section 2761 (42 U.S.C. 300gg-61)--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``and
section 2794'' after ``this part''; and
(ii) in paragraph (2)--
(I) by inserting ``or section
2794'' after ``set forth in this
part''; and
(II) by inserting ``and section
2794'' after ``the requirements of this
part''; and
(B) in subsection (b)--
(i) by inserting ``and section 2794'' after
``this part''; and
(ii) by inserting ``and section 2794''
after ``part A''.
(d) Applicability to Grandfathered Plans.--Section 1251(a)(4)(A) of
the Patient Protection and Affordable Care Act (Public Law 111-148), as
added by section 2301 of the Health Care and Education Reconciliation
Act of 2010 (Public Law 111-152), is amended by adding at the end the
following:
``(v) Section 2794 (relating to
reasonableness of rates with respect to health
insurance coverage).''.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary.
(f) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall be implemented
with respect to health plans beginning not later than January 1, 2014. | Consumer Protection and Rate Review Act of 2013 - Requires each state insurance commissioner to investigate and take appropriate actions on cases of inadequate notices of cancellations or conversions of health insurance coverage in the individual market that take effect on or after January 1, 2014. Requires that such a notice be treated as inadequate if it fails to: (1) contain information on obtaining health insurance coverage through an American Health Benefit Exchange under the Patient Protection and Affordable Care Act (PPACA), on the possible availability of assistance under PPACA towards payment of the premiums and cost-sharing for such coverage, and on the improved benefits for coverage through an Exchange, compared to coverage not offered through an Exchange; (2) be transparent by inappropriately steering individuals to more expensive plans provided by the cancelling issuer; or (3) otherwise comply with requirements of law. Amends the Public Health Service Act to declare that federal requirements that the Secretary of Health and Human Services (HHS) review unreasonable premium increases in health care coverage shall not be construed to prohibit a state from imposing additional rate requirements on health insurance issuers that are more protective of consumers. Expands such review to include all rate increases, not only premium increases. Directs the Secretary or the relevant state insurance commissioner (or state regulator) to take corrective actions to ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected before, or as soon as possible after, implementation, including through mechanisms such as denying rates, modifying rates, or requiring rebates to consumers. Authorizes civil monetary penalties and ineligibility as a qualified health plan for failing to comply with any corrective action taken by the Secretary. Requires the Secretary to determine whether the state insurance commissioner or regulator or the Secretary will undertake such corrective actions based on whether the state can adequately undertake such actions. Applies this Act to health plans grandfathered under PPACA. | {"src": "billsum_train", "title": "Consumer Protection and Rate Review Act of 2013"} | 2,058 | 406 | 0.681146 | 2.197235 | 0.848114 | 4.230337 | 5.022472 | 0.921348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Deployment Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Internet has been the single greatest contributor
to the unprecedented economic expansion experienced by the
United States over the last 8 years.
(2) Increasing the speed that Americans can access the
Internet is necessary to ensure the continued expansion.
(3) Today, most residential Internet users, especially
those located in low income areas, are extremely limited in the
type of information they can send and receive over the Internet
because their means of access is limited to ``narrowband''
communications media, typically conventional phone lines at a
maximum speed of 56,000 bits per second.
(4) Similarly, small businesses in low income areas are
also deprived of full information access because of their
dependence on narrowband facilities.
(5) By contrast, many residential users located in higher
income urban and suburban areas and urban business users can
access the Internet from a variety of carriers at speeds in
excess of 1,500,000 bits per second, giving them a choice among
carriers and high-speed access to a wide array of audio and
data applications.
(6) The result is a growing disparity in the speed of
access to the Internet and the opportunities it creates between
subscribers located in low income areas and subscribers located
in higher income urban and suburban areas.
(7) The disparity in current broadband access to the
Internet is proving detrimental to the on-going economic
expansion.
(8) It is, therefore, appropriate for Congress to take
action to narrow the current disparity in the level of
broadband access to the Internet.
(b) Purpose.--The purpose of this Act is to accelerate deployment
of broadband access to the Internet for users located in certain low
income areas.
SEC. 3. BROADBAND CREDIT.
(a) In General.--Subpart E of part IV of chapter 1 of the Internal
Revenue Code of 1986 (relating to rules for computing investment
credit) is amended by inserting after section 48 the following new
section:
``SEC. 48A. BROADBAND CREDIT.
``(a) General Rule.--For purposes of section 46, the broadband
credit for any taxable year is equal to 10 percent of the qualified
expenditures incurred with respect to qualified equipment offering
broadband services to underserved subscribers and taken into account
with respect to such taxable year.
``(b) When Expenditures Taken Into Account.--For purposes of this
section qualified expenditures with respect to qualified equipment
shall be taken into account with respect to the first taxable year in
which broadband services are offered by the taxpayer through such
equipment to subscribers.
``(c) Special Allocation Rules.--For purposes of determining the
broadband credit under subsection (a), if the qualified equipment is
capable of serving both underserved subscribers and other subscribers,
the qualified expenditures shall be multiplied by a fraction--
``(1) the numerator of which is the sum of the total
potential subscriber populations within the underserved areas
which the equipment is capable of serving, and
``(2) the denominator of which is the total potential
subscriber population of the area which the equipment is
capable of serving.
``(d) Definitions.--For purposes of this section--
``(1) Antenna.--The term `antenna' means any device used to
transmit or receive signals through the electromagnetic
spectrum, including satellite equipment.
``(2) Broadband service.--The term `broadband service'
means the transmission of signals at a rate of at least
1,500,000 bits per second to the subscriber and at least
200,000 bits per second from the subscriber.
``(3) Cable operator.--The term `cable operator' has the
meaning given such term by section 602(5) of the Communications
Act of 1934 (47 U.S.C. 522(5)).
``(4) Commercial mobile service carrier.--The term
`commercial mobile service carrier' means any person authorized
to provide commercial mobile radio service as defined in
section 20.3 of title 47, Code of Federal Regulations.
``(5) Nonresidential subscriber.--The term `nonresidential
subscriber' means a person or entity who purchases broadband
services which are delivered to the permanent place of business
of such person or entity.
``(6) Open video system operator.--The term `open video
system operator' means any person authorized to provide service
under section 653 of the Communications Act of 1934 (47 U.S.C.
573).
``(7) Other wireless carrier.--The term `other wireless
carrier' means any person (other than a telecommunications
carrier, commercial mobile service carrier, cable operator,
open video system operator, or satellite carrier) providing
broadband service to subscribers through the radio transmission
of energy.
``(8) Packet switching.--The term `packet switching' means
controlling or routing the path of a digitized transmission
signal which is assembled into packets or cells.
``(9) Qualified equipment.--
``(A) In general.--The term `qualified equipment'
means equipment capable of providing broadband services
at any time to each subscriber who is utilizing such
services.
``(B) Only certain investment taken into account.--
Except as provided in subparagraph (C), equipment shall
be taken into account under subparagraph (A) only to
the extent it--
``(i) extends from the last point of
switching to the outside of the unit, building,
dwelling, or office owned or leased by a
subscriber in the case of a telecommunications
carrier,
``(ii) extends from the customer side of
the mobile telephone switching office to a
transmission/receive antenna (including such
antenna) on the outside of the unit, building,
dwelling, or office owned or leased by a
subscriber in the case of a commercial mobile
service carrier,
``(iii) extends from the customer side of
the headend to the outside of the unit,
building, dwelling, or office owned or leased
by a subscriber in the case of a cable operator
or open video system operator, or
``(iv) extends from a transmission/receive
antenna (including such antenna) which
transmits and receives signals to or from
multiple subscribers to a transmission/receive
antenna (including such antenna) on the outside
of the unit, building, dwelling, or office
owned or leased by a subscriber in the case of
a satellite carrier or other wireless carrier, unless such other
wireless carrier is also a telecommunications carrier.
``(C) Packet switching equipment.--Packet switching
equipment, regardless of location, shall be taken into
account under subparagraph (A) only if it is deployed
in connection with equipment described in subparagraph
(B) and it is uniquely designed to perform the function
of packet switching for broadband services, but only if
such packet switching is the last in a series of such
functions performed in the transmission of a signal to
a subscriber or the first in a series of such functions
performed in the transmission of a signal from a
subscriber.
``(10) Qualified expenditure.--
``(A) In general.--The term `qualified expenditure'
means any amount chargeable to capital account with
respect to the purchase and installation of qualified
equipment (including any upgrades thereto) for which
depreciation is allowable under section 168.
``(B) Certain satellite expenditures excluded.--
Such term shall not include any expenditure with
respect to the launching of any satellite equipment.
``(11) Residential subscriber.--The term `residential
subscriber' means an individual who purchases broadband
services which are delivered to such individual's dwelling.
``(12) Satellite carrier.--The term `satellite carrier'
means any person using the facilities of a satellite or
satellite service licensed by the Federal Communications
Commission and operating in the Fixed-Satellite Service under
part 25 of title 47 of the Code of Federal Regulations or the
Direct Broadcast Satellite Service under part 100 of title 47
of such Code to establish and operate a channel of
communications for point-to-multipoint distribution of signals,
and owning or leasing a capacity or service on a satellite in
order to provide such point-to-multipoint distribution.
``(13) Subscriber.--The term `subscriber' means a person
who purchases broadband services.
``(14) Telecommunications carrier.--The term
`telecommunications carrier' has the meaning given such term by
section 3(44) of the Communications Act of 1934 (47 U.S.C. 153
(44)), and--
``(A) includes all members of an affiliated group
of which a telecommunications carrier is a member, but
``(B) does not include a commercial mobile service
carrier.
``(15) Total potential subscriber population.--The term
`total potential subscriber population' means, with respect to
any area and based on the most recent census data, the total
number of potential residential subscribers residing in
dwellings located in such area and potential nonresidential
subscribers maintaining permanent places of business located in such
area.
``(16) Underserved subscriber.--
``(A) In general.--The term `underserved
subscriber' means a residential subscriber residing in
a dwelling located in an underserved area or
nonresidential subscriber maintaining a permanent place
of business located in an underserved area.
``(B) Underserved area.--The term `underserved
area' means any census tract--
``(i) the poverty level of which is at
least 30 percent (based on the most recent
census data),
``(ii) the median family income of which
does not exceed--
``(I) in the case of a census tract
located in a metropolitan statistical
area, 70 percent of the greater of the
metropolitan area median family income
or the statewide median family income,
and
``(II) in the case of a census
tract located in a nonmetropolitan
statistical area, 70 percent of the
nonmetropolitan statewide median family
income, or
``(iii) which is located in an empowerment
zone and enterprise community designated under
section 1391 or a renewal community designated
under section 1400E.
``(e) Designation of Census Tracts.--The Secretary shall, not later
than 90 days after the date of the enactment of this section, designate
and publish those census tracts meeting the criteria described in
paragraph (16)(B) of subsection (d), and such tracts shall remain so
designated for the period ending with the termination date described in
subsection (f).
``(f) Termination.--This section shall not apply to expenditures
incurred after December 31, 2006.''
(b) Credit To Be Part of Investment Credit.--Section 46 of the
Internal Revenue Code of 1986 (relating to the amount of investment
credit) is amended--
(1) by striking ``and'' at the end of paragraph (2),
(2) by striking the period at the end of paragraph (3) and
inserting ``, and'', and
(3) by adding at the end the following new paragraph:
``(4) the broadband credit.''.
(c) Special Rule for Mutual or Cooperative Telephone Companies.--
Section 501(c)(12)(B) of the Internal Revenue Code of 1986 (relating to
list of exempt organizations) is amended--
(1) by striking ``or'' at the end of clause (iii),
(2) by striking the period at the end of clause (iv) and
inserting ``, or'', and
(3) by adding at the end the following new clause:
``(v) from sources not described in
subparagraph (A), but only to the extent such
income does not in any year exceed an amount
equal to the credit for qualified expenditures
which would be determined under section 48A for
such year if the mutual or cooperative
telephone company was not exempt from
taxation.''.
(d) Conforming Amendment.--The table of sections for subpart E 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 48 the
following new item:
``Sec. 48A. Broadband credit.''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to expenditures
incurred after December 31, 2001.
(2) Special rule.--The amendments made by subsection (c)
shall apply to amounts received after December 31, 2001.
SEC. 4. REGULATORY MATTERS.
No Federal or State agency or instrumentality shall adopt
regulations or ratemaking procedures that would have the effect of
confiscating any credit or portion thereof allowed under section 48A of
the Internal Revenue Code of 1986 (as added by section 3) or otherwise
subverting the purpose of this Act.
SEC. 5. STUDY AND REPORT.
(a) Sense of Congress.--It is the sense of Congress that in order
to maintain competitive neutrality, the credit allowed under section
48A of the Internal Revenue Code of 1986 (as added by section 3) should
be administered in such a manner so as to ensure that each class of
carrier receives the same level of financial incentive to deploy
broadband services.
(b) Study and Report.--The Secretary of the Treasury shall, within
180 days after the effective date of section 3, study the impact of the
credit allowed under section 48A of the Internal Revenue Code of 1986
(as added by section 3) on the relative competitiveness of potential
classes of carriers of broadband services, and shall report to Congress
the findings of such study, together with any legislative or regulatory
proposals determined to be necessary to ensure that the purposes of
such credit can be furthered without impacting competitive neutrality
among such classes of carriers. | Broadband Deployment Act of 2001 - Amends the Internal Revenue Code to establish the broadband credit which shall be equal to ten percent of the qualified expenditures incurred with respect to qualified equipment offering broadband services to underserved subscribers. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide an incentive to ensure that all Americans gain timely and equitable access to the Internet over current and future generations of broadband capability."} | 3,101 | 54 | 0.514717 | 1.209022 | 1.053048 | 4.25 | 70.7 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Integrity and Pension
Forfeiture Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Members of Congress pledge to uphold the Constitution
and the laws of the United States;
(2) Members of Congress are elected to serve in the public
trust and pledge to uphold the public trust;
(3) a breach of the public trust by a Member of Congress is
a serious offense that should have serious consequences; and
(4) taxpayers should not pay for the retirement benefits of
Members of Congress who have been convicted of a felony.
SEC. 3. FORFEITURE.
(a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this subchapter,
the service of an individual finally convicted of an offense described
in paragraph (2) shall not, if or to the extent rendered as a Member
(irrespective of when rendered), be taken into account for purposes of
this subchapter. Any such individual (or other person determined under
section 8342(c), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to
which the preceding sentence applies.
``(2)(A) An offense described in this paragraph is any offense
described in subparagraph (B) for which the following apply:
``(i) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(ii) The conduct on which the offense is based is
directly related to the individual's service as a Member.
``(iii) The offense is committed after the date of
enactment of this Act.
``(B) The offenses described in this subparagraph are as follows:
``(i) An offense within the purview of section 201 (bribery
of public officials and witnesses), 203 (compensation to
Members of Congress, officers, and others in matters affecting
the Government), 204 (practice in United States Court of
Federal Claims or the United States Court of Appeals for the
Federal Circuit by Members of Congress), 207 (restriction on
former officers, employees, and elected officials of the
executive and legislative branches, 219 (officers and employees
acting as agents of foreign principals), 286 (conspiracy to
defraud the Government with respect to claims), 287 (false,
fictitious or fraudulent claims), 371 (conspiracy to commit
offense or to defraud the United States), 597 (expenditures to
influence voting), 599 (promise of appointment by candidate),
602 (solicitation of political contributions), 606
(intimidation to secure political contributions), 607 (place of
solicitation), 641 (public money, property or records), 1001
(statements or entries generally), 1341 (frauds and swindles),
1343 (fraud by wire, radio, or television), 1503 (influencing
or injuring officer or juror), 1951 (interference with commerce
by threats or violence), 1952 (interstate and foreign travel or
transportation in aid of racketeering enterprises), or 1962
(prohibited activities) of title 18 or section 7201 of the
Internal Revenue Code of 1986 (attempt to evade or defeat tax).
``(ii) Perjury committed under the statutes of the United
States in falsely denying the commission of an act which
constitutes an offense within the purview of a statute named by
clause (i).
``(iii) Subornation of perjury committed in connection with
the false denial of another individual as specified by clause
(ii).
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the final conviction, be eligible to
participate in the retirement system under this subchapter while
serving as a Member.
``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
``(5) The Executive Director (within the meaning of section
8401(13)) shall prescribe such regulations as may be necessary to carry
out the purposes of this subsection with respect to the Thrift Savings
Plan. Regulations under this paragraph shall include provisions
requiring the return of all vested amounts which are attributable to
periods of service rendered by the individual as a Member (as described
in paragraph (1)).
``(6) Nothing in this subsection shall restrict any authority under
subchapter II or any other provision of law to deny or withhold
benefits authorized by statute.
``(7) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8331(2).''.
(b) Federal Employees' Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
``(i)(1) Notwithstanding any other provision of this chapter, the
service of an individual finally convicted of an offense described in
paragraph (2) shall not, if or to the extent rendered as a Member
(irrespective of when rendered), be taken into account for purposes of
this chapter. Any such individual (or other person determined under
section 8424(d), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to
which the preceding sentence applies.
``(2) An offense described in this paragraph is any offense
described in section 8332(o)(2)(B) for which the following apply:
``(A) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(B) The conduct on which the offense is based is directly
related to the individual's service as a Member.
``(C) The offense is committed after the date of enactment
of this Act.
``(3) An individual finally convicted of an offense described in
paragraph (2) shall not, after the date of the conviction, be eligible
to participate in the retirement system under this chapter while
serving as a Member.
``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
``(5) The Executive Director shall prescribe such regulations as
may be necessary to carry out the purposes of this subsection with
respect to the Thrift Savings Plan. Regulations under this paragraph
shall include provisions requiring the return of all vested amounts
which are attributable to periods of service rendered by the individual
as a Member (as described in paragraph (1)).
``(6) Nothing in this subsection shall restrict any authority under
subchapter II of chapter 83 or any other provision of law to deny or
withhold benefits authorized by statute.
``(7) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8401(20).''. | Congressional Integrity and Pension Forfeiture Act of 2005 - Requires the Office of Personnel and Management (OPM) to prescribe regulations that prohibit eligibility in the governmental retirement system for a Member convicted of certain offenses that are: (1) committed by the individual while a Member, (2) related to the individual's service as a Member, and (3) after enactment of this Act. Refunds annuity contributions and deposits, excluding interest earned, to a convicted individual. Authorizes the Executive Director of the Federal Retirement Thrift Investment Management System to prescribe necessary regulations with respect to the Thrift Saving Plan and which include provisions requiring the return of all vested amounts attributable to periods of service rendered by the individual as a Member.
Defines "Member" as "the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico." | {"src": "billsum_train", "title": "To amend title 5, United States Code, to provide that if a Member of Congress is convicted of a felony, such Member shall not be eligible for retirement benefits based on that individual's service as a Member, and for other purposes."} | 1,635 | 216 | 0.490366 | 1.553929 | 0.677331 | 2.857143 | 8.948571 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Acquired Bone Marrow Failure Disease
Research and Treatment Act of 2010''.
SEC. 2. ACQUIRED BONE MARROW FAILURE DISEASE RESEARCH.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317T the following:
``SEC. 317U. ACQUIRED BONE MARROW FAILURE DISEASE RESEARCH.
``(a) In General.--The Secretary may conduct research on acquired
bone marrow failure diseases. Such research may address factors
including--
``(1) trends in the characteristics of individuals who are
diagnosed with acquired bone marrow failure diseases, including
age, race and ethnicity, general geographic location, sex,
family history, and any other characteristics determined
appropriate by the Secretary;
``(2) the genetic and environmental factors, including
exposure to toxins, that may be associated with developing
acquired bone marrow failure diseases;
``(3) approaches to treating acquired bone marrow failure
diseases;
``(4) outcomes for individuals treated for acquired bone
marrow failure diseases, including outcomes for recipients of
stem cell therapeutic products; and
``(5) any other factors pertaining to acquired bone marrow
failure diseases determined appropriate by the Secretary.
``(b) Collaboration With the Radiation Injury Treatment Network.--
In carrying out subsection (a), the Secretary may collaborate with the
Radiation Injury Treatment Network of the C.W. Bill Young Cell
Transplantation Program established pursuant to section 379 to--
``(1) augment data for the studies under such subsection;
``(2) access technical assistance that may be provided by
the Radiation Injury Treatment Network; or
``(3) perform joint research projects.
``(c) Definition.--In this section, the term `acquired bone marrow
failure disease' means--
``(1) myelodysplastic syndromes (MDS);
``(2) aplastic anemia;
``(3) paroxysmal nocturnal hemoglobinuria (PNH);
``(4) pure red cell aplasia;
``(5) acute myeloid leukemia that has progressed from
myelodysplastic syndromes;
``(6) large granular lymphocytic leukemia; or
``(7) any other bone marrow failure disease specified by
the Secretary, to the extent such disease is acquired and not
inherited, as determined by the Secretary.''.
SEC. 3. MINORITY-FOCUSED PROGRAMS ON ACQUIRED BONE MARROW FAILURE
DISEASES.
Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by inserting after section 1707A the following:
``SEC. 1707B. MINORITY-FOCUSED PROGRAMS ON ACQUIRED BONE MARROW FAILURE
DISEASES.
``(a) Information and Referral Services.--
``(1) In general.--The Secretary may establish and
coordinate outreach and informational programs targeted to
minority populations, including Hispanic, Asian-American,
Native Hawaiian, and Pacific Islander populations, that are
affected by acquired bone marrow failure diseases.
``(2) Program activities.--Programs under subsection (a)
may carry out activities that include--
``(A) making information about treatment options
and clinical trials for acquired bone marrow failure
diseases publicly available; and
``(B) providing referral services for treatment
options and clinical trials.
``(b) Definition.--In this section, the term `acquired bone marrow
failure disease' has the meaning given such term in section 317U(c).''.
SEC. 4. BEST PRACTICES FOR DIAGNOSIS OF AND CARE FOR INDIVIDUALS WITH
ACQUIRED BONE MARROW FAILURE DISEASES.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.), as amended by section 2, is further amended by inserting
after section 317U the following:
``SEC. 317V. BEST PRACTICES FOR DIAGNOSIS OF AND CARE FOR INDIVIDUALS
WITH ACQUIRED BONE MARROW FAILURE DISEASES.
``(a) Grants.--The Secretary, acting through the Director of the
Agency for Healthcare Research and Quality, may award grants to
researchers to study best practices with respect to diagnosing acquired
bone marrow failure diseases and providing care to individuals with
such diseases.
``(b) Definition.--In this section, the term `acquired bone marrow
failure disease' has the meaning given such term in section 317U(c).''.
Passed the House of Representatives September 30
(legislative day September 29), 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Acquired Bone Marrow Failure Disease Research and Treatment Act of 2010 - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (HHS) to conduct research on acquired bone marrow failure diseases, which may address factors including: (1) trends in the characteristics of individuals who are diagnosed with such diseases, including age, race and ethnicity, general geographic location, sex, and family history; (2) the genetic and environmental factors, including exposure to toxins, that may be associated with developing such diseases; (3) approaches to treating such diseases; and (4) outcomes for individuals treated for such diseases, including outcomes for recipients of stem cell therapeutic products.
Authorizes the Secretary to collaborate with the Radiation Injury Treatment Network of the C.W. Bill Young Cell Transplantation Program to: (1) augment data for studies; (2) access technical assistance that may be provided by the Network; or (3) perform joint research projects.
(Sec. 3) Authorizes the Secretary to establish and coordinate outreach and informational programs targeted to minority populations, including Hispanic, Asian-American, Native Hawaiian, and Pacific Islander populations, that are affected by acquired bone marrow failure diseases. Includes among program activities: (1) making information about treatment options and clinical trials for such diseases publicly available; and (2) providing referral services for treatment options and clinical trials.
(Sec. 4) Authorizes the Secretary, acting through the Director of the Agency for Healthcare Research and Quality, to award grants to researchers to study best practices with respect to diagnosing acquired bone marrow failure diseases and providing care to individuals with such diseases. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for research on acquired bone marrow failure diseases, minority-focused programs on such diseases, and the development of best practices for diagnosis of and care for individuals with such diseases."} | 1,127 | 345 | 0.721812 | 2.168357 | 0.865477 | 6.055556 | 2.824074 | 0.969136 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Public-Private
Partnership Act of 2012''.
SEC. 2. ESTABLISHMENT OF BUSINESS INCENTIVE GRANT PROGRAM.
The Secretary of Health and Human Services shall establish a
program to make grants to--
(1) States, on a competitive basis, to enable eligible
businesses and consortia in the States to carry out the
activities described in section 4; and
(2) nonprofit business organizations with expertise in
management issues concerning operating a high-quality child
care center, to provide technical information and assistance to
enable businesses to provide child care services.
SEC. 3. APPLICATIONS FROM STATES AND NONPROFIT BUSINESS ORGANIZATIONS.
(a) In General.--To be eligible to receive a grant under section 2,
a State or nonprofit business organization shall submit an application
to the Secretary at such time, in such form, and containing such
information as the Secretary may require.
(b) Contents.--At a minimum, an application submitted under
subsection (a) by a nonprofit business organization shall contain--
(1) an assurance that, with respect to the costs to be
incurred by the applicant in carrying out the purposes for
which the grant is made, the applicant will make available
State or other non-Federal early childhood contributions (such
as contributions for child care, Head Start, State
prekindergarten, and early intervention programs), in an amount
equal to not less than $1 for every $1 of Federal funds
provided under the grant;
(2) an assurance that such applicant will expend the grant
funds for the use specified in section 2(2);
(3) an assurance that such applicant will employ strategies
to ensure that child care services, provided with the technical
information and assistance made available by such applicant,
are provided at affordable costs, and on an equitable basis, to
low- and moderate-income employees;
(4) an assurance that such applicant will employ procedures
to ensure that technical information and assistance provided
under this Act by such applicant will be provided only to
businesses that provide child care services in compliance with
all State and local licensing and regulatory requirements
applicable to child care providers in such State; and
(5) an assurance that such applicant will employ procedures
to ensure such information and assistance will be provided only
to businesses located in an area without an adequate supply of
licensed and regulated (as applicable) child care providers.
(c) Priority.--For purposes of selecting applicants to receive
grants under section 2, to the extent practicable, the Secretary
shall--
(1) make grants equitably under section 2 to applicants
located in all geographical regions of the United States; and
(2) give priority to applicants for grants under section
2(1).
SEC. 4. GRANTS TO BUSINESSES AND CONSORTIA.
A State that receives a grant under section 2 shall use the grant
funds to make grants, on a competitive basis, to eligible businesses or
consortia in the State in order to enable the businesses and
consortia--
(1) to pay start-up costs incurred to provide child care
services;
(2) to provide for assistance for the costs of child care
services needed by the employees of such businesses and
consortia; and
(3) to pay for training and professional development for
staff that provide child care services.
SEC. 5. APPLICATIONS FROM BUSINESSES AND CONSORTIA.
(a) In General.--To be eligible to receive a grant under section 4,
a business or consortium shall submit an application to the State at
such time, in such form, and containing such information as the State
may require.
(b) Contents.--At a minimum, such application shall contain--
(1) an assurance that, with respect to the costs to be
incurred by the applicant in carrying out the purposes for
which the grant is made, the applicant will make available
State or other non-Federal early childhood contributions (such
as contributions for child care, Head Start, State
prekindergarten, and early intervention programs), in an amount
equal to not less than $1 for every $1 of Federal funds
provided under the grant;
(2) an assurance that such applicant will expend the grant
funds for the use specified in section 2(1);
(3) an assurance that such applicant will employ strategies
to ensure that child care services, provided by such applicant,
are provided at affordable costs, and on an equitable basis, to
low- and moderate-income employees;
(4) an assurance that such applicant will comply with all
State and local child care licensing and regulatory
requirements that are applicable to the applicant; and
(5) information demonstrating that the applicant is located
in an area without an adequate supply of licensed and regulated
(as applicable) child care providers.
(c) Priority.--For purposes of selecting applicants to receive
grants under section 4, the State shall give priority to businesses
that have fewer than 100 full-time employees.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) Business.--The term ``business'' means a person engaged
in commerce whose primary activity is an activity other than
the provision of child care services.
(2) Child care services.--The term ``child care services''
means care for a child that is--
(A) provided on the site at which a parent of such
child is employed or at a site nearby in the community
in which the site is located; and
(B) subsidized at least in part by the business
that employs such parent.
(3) Consortium.--The term ``consortium'' means a
partnership--
(A) that shall include 2 or more businesses, acting
jointly; and
(B) shall include a nonprofit private organization
with expertise in the provision of high-quality child
care services.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$25,000,000 for each of fiscal years 2013 through 2015. | Child Care Public-Private Partnership Act of 2012 - Directs the Secretary of Health and Human Services (HHS) to establish a business-incentive grant program to provide child care through public-private partnerships.
Requires the Secretary to make such grants to: (1) states, on a competitive basis, to enable businesses and consortia to carry out certain activities; and (2) nonprofit business organizations with expertise in management issues of a high-quality child care center to provide technical information and assistance to enable businesses to provide child care services.
Specifies that grants to businesses and consortia are meant to enable them to: (1) pay start-up costs incurred to provide child care services, (2) assist with the costs of child care services needed by their employees, and (3) pay for training and professional development for staff that provide child care services.
Gives priority in grant selection to businesses with fewer than 100 full-time employees. | {"src": "billsum_train", "title": "A bill to establish a program to provide child care through public-private partnerships."} | 1,292 | 198 | 0.647322 | 1.930277 | 0.883641 | 5.091398 | 6.736559 | 0.930108 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Certify It Act of 2014''.
SEC. 2. STUDY ON IMPACT ON SMALL BUSINESS JOBS.
(a) Study and Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and December 1 for each of the 4
consecutive years thereafter, the Comptroller General of the
United States, shall conduct a study on the impact of the
Affordable Care Act on small businesses, including--
(A) the impact of any increased health insurance
costs resulting from the provisions of such Act on
economic indicators (including jobs lost, hours worked
per employee, and any resulting loss of wages); and
(B) the impact of section 4980H of the Internal
Revenue Code of 1986 (relating to shared responsibility
for employers regarding health coverage) on economic
indicators, including any jobs lost.
(2) Report.--The Comptroller General of the United States,
using data from the Office of the Actuary, Centers for Medicare
& Medicaid Services, under section 3 and economic indicators
data from other Federal agencies, shall submit to the
appropriate committees of Congress a report on the study
conducted under paragraph (1).
(b) Appropriate Committees of Congress.--For purposes of this
section, the term ``appropriate committees of Congress'' means the
Committee on Ways and Means, the Committee on Education and the
Workforce, the Committee on Energy and Commerce, and the Small Business
Committee of the House of Representatives and the Committee on Finance,
the Committee on Health, Education, Labor, and Pensions, and the Small
Business and Entrepreneurship Committee of the Senate.
(c) Definitions.--For purposes of this Act:
(1) Affordable care act.--The term ``Affordable Care Act''
means the Patient Protection and Affordable Care Act (Public
Law 111-148) and title I and subtitle B of title II of the
Health Care and Education Reconciliation Act of 2010 (Public
Law 111-152).
(2) Small business.--The term ``small business'' means an
employer with 250 or fewer employees.
SEC. 3. STUDY ON IMPACT ON SMALL BUSINESS HEALTH INSURANCE.
(a) Study and Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and December 1 for each of the 4
consecutive years thereafter, the Office of the Actuary,
Centers for Medicare & Medicaid Services, shall conduct a study
on the impact of the Affordable Care Act on small group health
insurance costs, including--
(A) the impact of requirements and benefits
pursuant to such Act on the small group health
insurance market, including community rating
requirements, minimum actuarial value requirements,
requirements to provide for essential health benefits
described in section 1302(b) of the Patient Protection
and Affordable Care Act (42 U.S.C. 18022(b)),
requirements related to cost-sharing, the prohibition
on annual and lifetime limits on benefits under section
2711 of the Public Health Service Act (42 U.S.C. 300gg-
11), prohibitions on cost-sharing requirements for
preventive services, and the extension of dependent
coverage under section 2714 of the Public Health
Service Act (42 U.S.C. 300gg-14); and
(B) the impact of new taxes and fees on the small
group health insurance market costs, including the fee
imposed under section 9010 of the Patient Protection
and Affordable Care Act (relating to imposition of
annual fee on health insurance providers), the
transitional reinsurance program contributions, the
fees imposed under subchapter B of chapter 34 of the
Internal Revenue Code of 1986 (relating to the Patient
Centered Outcome Research Institute fees), and Exchange
assessments or user fees.
(2) Report.--The Office of the Actuary, Centers for
Medicare & Medicaid Services, in consultation with the
Comptroller General for purposes of verifying the methodology,
assumptions, validity, and reasonableness of the data used by
the Actuary, shall submit to the appropriate committees of
Congress a report on the study conducted under paragraph (1).
(b) Appropriate Committees of Congress.--For purposes of this
section, the term ``appropriate committees of Congress'' means the
Committee on Ways and Means, the Committee on Education and the
Workforce, the Committee on Energy and Commerce, and the Small Business
Committee of the House of Representatives and the Committee on Finance,
the Committee on Health, Education, Labor, and Pensions, and the Small
Business and Entrepreneurship Committee of the Senate.
SEC. 4. ONE-YEAR DELAY FOR EMPLOYER MANDATE IN CASE OF NEGATIVE IMPACT
ON SMALL BUSINESS.
(a) In General.--If the Comptroller General of the United States or
the Office of the Actuary, Centers for Medicare & Medicaid Services,
determines in any report submitted under section 2 or 3 that the
Affordable Care Act has caused net employment loss amongst small
businesses or caused small group health insurance costs to rise,
section 4980H of the Internal Revenue Code of 1986 shall not apply for
months beginning during the 1-year period beginning on the date of the
submission of such report.
(b) Failure To Submit.--If the Comptroller General of the United
States or the Office of the Actuary, Centers for Medicare & Medicaid
Services, fails to submit a report in accordance with the timelines
specified in this Act, section 4980H of the Internal Revenue Code of
1986 shall not apply the following calendar year. | Certify It Act of 2014 - Directs the Comptroller General (GAO) to study the impact of the Patient Protection and Affordable Care Act (PPACA) on small businesses and the Office of the Actuary, Centers for Medicare & Medicaid Services, to study the Act's impact on small group health insurance costs. Declares that, if GAO or the Office of the Actuary reports to Congress that PPACA has caused either net employment loss amongst small businesses or small group health insurance costs to rise, certain PPACA assessments that may be imposed on employers for failing to offer their full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage shall not apply for a specified one-year period. Declares further that, if GAO or the Office fails to submit such a report in accordance with specified timelines, such assessments shall not apply during the following calendar year. | {"src": "billsum_train", "title": "Certify It Act of 2014"} | 1,233 | 205 | 0.544932 | 1.63113 | 0.803773 | 3.02381 | 6.559524 | 0.845238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Adjustment Assistance for
Self-Employment Act of 2003''.
SEC. 2. DEMONSTRATION PROJECT FOR SELF-EMPLOYMENT TRAINING AND
ASSISTANCE UNDER THE TRADE ADJUSTMENT ASSISTANCE PROGRAM.
(a) Establishment of Project.--Subchapter C of chapter 2 of title
II of the Trade Act of 1974 (19 U.S.C. 2311 et seq.) is amended by
inserting after section 246 the following new section:
``SEC. 246A. DEMONSTRATION PROJECT FOR SELF-EMPLOYMENT TRAINING AND
ASSISTANCE.
``(a) In General.--
``(1) Establishment.--Not later than 1 year after the date
of enactment of the Trade Adjustment Assistance for Self-
Employment Act of 2003, the Secretary shall establish an
alternative trade adjustment assistance program for workers
that provides the benefits described in paragraph (2).
``(2) Benefits.--
``(A) Training.--A State shall use the funds
provided to the State under section 241 to provide, for
a period not to exceed 2 years, to a worker described
in paragraph (3)(B), self-employment training.
``(B) Payment for start-up costs.--A State shall
use the funds provided to the State under section 241
to provide to a worker described in paragraph (3)(B)
who successfully completes the self-employment training
described in subparagraph (A), and for which a self-
employment business plan described in paragraph
(3)(B)(ii) is approved, an amount to pay, in whole or
in part, the start up costs attributable to the
business enterprise of the individual.
``(3) Eligibility.--
``(A) In general.--The Secretary shall provide the
opportunity for 1 or more workers in a group of workers
on whose behalf a petition is filed under section 221
to request that the individual workers be certified for
the alternative trade adjustment assistance program
under this section at the time the petition is filed.
The Secretary shall determine whether the individual
workers in the group are eligible for the alternative
trade adjustment assistance program by the date
specified in section 223(a).
``(B) Individual eligibility.--A worker that the
Secretary has certified as eligible for the alternative
trade adjustment assistance program under subparagraph
(A) may elect to receive benefits under the alternative
trade adjustment assistance program if the worker--
``(i) is covered by a certification under
subchapter A of this chapter;
``(ii) agrees to submit to the appropriate
State agency for approval a self-employment
business plan;
``(iii) is likely to obtain self-employment
in accordance with such plan not later than 26
weeks after the date of separation from the
adversely affected employment;
``(iv) is likely to be engaged in self-
employment on a full-time basis; and
``(v) is likely not to return to the
employment from which the worker was separated.
``(4) Total amount of payments.--
``(A) Training.--The amount of payments described
in paragraph (2)(A) made on behalf of a worker may not
exceed $2,500 per worker during the 2-year eligibility
period.
``(B) Start-up costs.--The amount of payments
described in paragraph (2)(B) made to a worker may not
exceed $10,000 per worker during the 2-year eligibility
period.
``(5) Limitation on other benefits.--Except as provided in
section 238(a)(2)(B), if a worker is receiving payments
pursuant to the program established under paragraph (1), the
worker shall not be eligible to receive any other benefits
under this title.
``(b) Termination.--
``(1) In general.--Except as provided in paragraph (2), no
payments may be made by a State under the program established
under subsection (a)(1) after the date that is 5 years after
the date on which such program is implemented by the State.
``(2) Exception.--Notwithstanding paragraph (1), a worker
receiving payments under the program established under
subsection (a)(1) on the termination date described in
paragraph (1) shall continue to receive such payments provided
that the worker meets the criteria described in subsection
(a)(3)(B).
``(c) Definition.--In this section, the term `self-employment
training' means entrepreneurial training, business counseling,
technical assistance, and related activities, including training and
services provided by federally-funded resource partners of the Small
Business Administration, that are engaged in for the purpose of
establishing a business and becoming self-employed, as approved by the
appropriate State agency, or the Secretary, in consultation with the
Administrator of the Small Business Administration.''.
(b) Conforming Amendment.--The table of contents of the Trade Act
of 1974 is amended by striking the second item relating to section 246
and inserting the following:
``Sec. 246. Demonstration project for self-employment training and
assistance.''.
SEC. 3. BENEFIT INFORMATION TO WORKERS.
Section 225(a) of the Trade Act of 1974 (19 U.S.C. 2275(a)) is
amended by adding at the end the following new sentence: ``In providing
full information to workers about benefit allowances, training, and
other employment services available under this chapter in accordance
with this subsection, the Secretary shall include information on the
demonstration project for self-employment training and assistance under
section 246A.''. | Trade Adjustment Assistance for Self-Employment Act of 2003 - Amends the Trade Act of 1974 to direct the Secretary of Labor to establish an alternative trade adjustment assistance program for workers that provides for self-employment training and funds to pay, in whole or in part, the start up costs attributable to the individual's business enterprise.
Requires the Secretary to provide the opportunity for one or more workers in a group of workers on whose behalf a petition is filed for a trade adjustment assistance application eligibility to request that the individual workers be certified for the alternative trade adjustment assistance program.
Requires a worker covered by an group trade adjustment assistance eligibility certification who elects to receive alternative trade adjustment assistance program benefits to: (1) submit a self-employment business plan to the appropriate State agency for approval; (2) be likely to obtain self-employment in accordance with such plan within 26 weeks after separation from the adversely affected employment; (3) be likely to engage in self-employment on a full-time basis; and (4) be likely not to return to the employment from which the worker was separated.
Limits the total amount of payments made on behalf of a worker during the two-year eligibility period to: (1) $2,500 per worker for training costs; and (2) $10,000 per worker for start-up costs. Prohibits any other trade adjustment assistance benefits for a worker accepting alternative benefits under this Act. | {"src": "billsum_train", "title": "To amend the trade adjustment assistance program under the Trade Act of 1974 to establish a demonstration project to provide self-employment training and assistance to eligible adversely affected workers."} | 1,240 | 300 | 0.676741 | 1.844948 | 0.876355 | 4.128114 | 3.97153 | 0.946619 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terror Intelligence Improvement Act
of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On June 12, 2016, the deadliest terrorist attack on our
homeland since September 11, 2001, occurred at the Pulse Bar
and Club in downtown Orlando, Florida. The Orlando Police
Department shortly after the incident reported 49 fatalities
and 53 injured.
(2) On June 13, 2016, the Washington Post reported that the
Federal Bureau of Investigation investigated the Orlando
shooter for 10 months beginning in 2013, putting him under
surveillance, recording his calls and using confidential
informants to gauge whether he had been radicalized after the
suspect talked at work about his connections with al-Qaeda and
dying as a martyr.
(3) On June 13, 2016, the Federal Bureau of Investigation
remarked that the suspect had made clear his affinity, at the
time of the attack, for the Islamic State of Iraq and the
Levant (commonly known as ``ISIL''), and generally, leading up
to the attack, for radical Islamist groups.
(4) On June 12, 2016, the Bureau of Alcohol, Tobacco,
Firearms, and Explosives announced it had completed a trace of
the firearms used in the shooting and determined both were
purchased legally.
SEC. 3. DEFINITIONS.
In this Act:
(1) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given the term in section
1016(e) of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT) Act of 2001 (42 U.S.C. 5195c(e)).
(2) Federal department or agency.--The term ``Federal
department or agency'' means--
(A) an Executive department, as defined in section
101 of title 5, United States Code;
(B) an independent establishment, as defined in
section 104 of title 5, United States Code;
(C) a Government corporation, as defined in section
103 of title 5, United States Code; and
(D) the United States Postal Service.
(3) Firearm.--The term ``firearm'' has the meaning given
the term in section 921 of title 18, United States Code.
(4) JTTF.--The term ``JTTF'' means the Joint Terrorism Task
Forces established by the Federal Bureau of Investigation.
(5) Key resources.--The term ``key resources'' has the
meaning given the term in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101).
(6) Terrorism.--The term ``terrorism'' includes
international terrorism and domestic terrorism, as defined in
section 2331 of title 18, United States Code.
SEC. 4. CONSOLIDATION AND NOTIFICATION OF TERRORISM INVESTIGATION
INFORMATION.
(a) Consolidation of Terrorism Investigation Information.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act and on an ongoing basis thereafter, the
head of each Federal department or agency shall, to the extent
permitted by law, provide to the Director of the Federal Bureau
of Investigation any information in the possession, custody, or
control of the Federal department or agency relating to any
person who is, or has been, under a terrorism investigation.
(2) Requirement.--The Director of the Federal Bureau of
Investigation shall--
(A) implement appropriate procedures and safeguards
with respect to all information provided under
paragraph (1); and
(B) identify, prioritize, and coordinate the
protection of critical infrastructure and key resources
in order to prevent, deter, and mitigate the effects of
deliberate efforts to destroy, incapacitate, or exploit
such infrastructure and resources.
(b) Notification of Terrorism Investigation Information to
Appropriate Law Enforcement Entities.--The Director of the Federal
Bureau of Investigation and the JTTF shall be immediately notified of
any request to transfer a firearm or explosive to a person who is, or
within the previous 10 years was, the subject of a terrorism
investigation by any Federal department or agency.
(c) Audit.--
(1) In general.--Not earlier than 6 months after the date
of enactment of this Act and not later than 1 year after the
date of enactment of this Act, the Inspector General for the
Intelligence Community shall initiate an audit of all of the
terrorism-related screening and watch list procedures of the
Federal Government in order to identify any problems or
inefficiencies in the nomination and redress procedures
pertaining to the maintenance of terrorism watch list records.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Inspector General of the
Intelligence Community shall submit a report to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives on the findings of the audit conducted under
paragraph (1), which shall include recommendations, if any, for
improving the nomination or redress procedures described in
paragraph (1).
(3) Form of report.--The report required to be submitted
under paragraph (2) shall be submitted in unclassified form,
but may include a classified annex.
SEC. 5. ATTORNEY GENERAL AUTHORITY TO DELAY FIREARMS TRANSFER TO
SUSPECTED TERRORISTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Attorney General shall establish a process by which,
for any person who is, or within the previous 10 years was, the subject
of a terrorism investigation by any Federal department or agency--
(1) the Attorney General may delay the transfer of the
firearm or explosive to such person for a period not to exceed
3 business days and file an emergency petition in a court of
competent jurisdiction to prevent the transfer of the firearm
or explosive, and such emergency petition and subsequent
hearing shall receive the highest possible priority on the
docket of the court of competent jurisdiction and be subject to
the Classified Information Procedures Act (18 U.S.C. App.);
(2) such person receives actual notice of the hearing and
is provided with an opportunity to participate with counsel and
the emergency petition shall be granted if the court finds that
there is probable cause to believe that the person is engaged,
or has been engaged, in conduct constituting, in preparation
of, in aid of, or relating to terrorism, or providing material
support or resources therefor;
(3) if the emergency petition is denied, the Government
shall be responsible for all reasonable costs and attorneys'
fees; and
(4) the Attorney General may arrest and detain such person
for whom an emergency petition has been filed where probable
cause exists to believe that the person is engaged, or has been
engaged, in conduct constituting, in preparation of, in aid of,
or relating to terrorism, or providing material support or
resources therefor.
(b) Report.--Not later than 60 days after the date of enactment of
this Act, and quarterly thereafter, the Attorney General shall submit
to the Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report providing, for
the reporting period--
(1) the number of emergency petitions filed under
subsection (a);
(2) the number of individuals prevented a firearm or
explosive transfer under an order granting an emergency
petition filed under subsection (a); and
(3) the number of instances in which a court denied an
emergency petition filed under subsection (a). | Terror Intelligence Improvement Act of 2016 This bill requires each federal department or agency to provide to the Federal Bureau of Investigation (FBI) information about a person who is or has been under a federal terrorism investigation. The FBI and its Joint Terrorism Task Forces must immediately be notified of a request to transfer a firearm or explosive to a person who is, or was within the previous 10 years, under a federal terrorism investigation. The Inspector General of the Intelligence Community must audit the federal government's terrorism-related screening and watch list procedures. The bill directs the Department of Justice to establish a process to delay and prevent the transfer of a firearm or explosive to a person who is, or was within the previous 10 years, under a federal terrorism investigation. | {"src": "billsum_train", "title": "Terror Intelligence Improvement Act of 2016"} | 1,644 | 173 | 0.415891 | 1.216835 | 0.639376 | 4.675862 | 10.572414 | 0.924138 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Skin Cancer Prevention, Education,
and Consumer Right-To-Know Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Skin cancer is a growing epidemic in the United States
with more than 1,000,000 new cases diagnosed each year.
(2) About 10,000 Americans die each year from skin cancer.
(3) The most deadly form of skin cancer, melanoma, has
tripled among Caucasians since 1980.
(4) One in 5 Americans and one in 3 Caucasians will develop
skin cancer in the course of a lifetime.
(5) A person's risk for skin cancer doubles if he or she
has had 5 or more sunburns.
(6) More than 90 percent of all skin cancers are caused by
sun exposure, yet fewer than 33 percent of adults, adolescents,
and children routinely use sun protection.
(7) Most skin cancer is caused by prolonged exposure to the
ultraviolet rays from the sun. This invisible radiation is
classified as UVA radiation and UVB radiation.
(8) UVB radiation is the chief cause of sunburn and skin
cancer.
(9) UVA radiation is more constant, year-round, and
penetrates the skin more deeply, causing both premature aging
and skin cancer.
(10) Current United States sunscreen standards set by the
Food and Drug Administration (FDA) require protection from UVB
radiation but not UVA radiation.
(11) The current United States sunscreen standards provide
a false sense of security to Americans, since their sunscreen
is protecting successfully against sunburn, but not adequately
against other forms of skin damage, including skin cancers.
Consumers may wrongly believe that their sunscreen is
sufficiently protecting them and therefore stay in the sun
longer.
SEC. 3. BROAD-SPECTRUM SUNSCREEN STANDARD.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended--
(1) in section 502, by adding at the end the following:
``(y) If it is a drug that is a sunscreen product and its labeling
is in violation of section 566 .''; and
(2) by inserting after section 565 the following:
``SEC. 566. BROAD-SPECTRUM SUNSCREEN STANDARD.
``(a) Labeling.--The labeling of a drug that is a sunscreen product
and fails to meet the standard adopted under subsection (b)(1) shall
not--
``(1) describe the product using the term `broad-spectrum'
(or any variant of such term); or
``(2) include the symbol described in subsection (b)(2).
``(b) Standard; Symbol.--The Secretary shall--
``(1) adopt a standard for broad-spectrum protection in
sunscreen products in order to better protect Americans from
skin cancer and premature aging; and
``(2) adopt an easily recognized symbol for inclusion in
the labeling of sunscreen products meeting such standard.
``(c) Minimum Requirements.--
``(1) Minimum requirements.--In establishing the standard
under subsection (b)(1), the Secretary shall require--
``(A) a minimum ratio 1 to 3 of UVA protection
factor (UVA-PF) to sun protection factor (SPF);
``(B) a critical wavelength of 370 nanometers, as
obtained in application of the critical wavelength
testing method;
``(C) a minimum level of UVB radiation protection
of sun protection factor 6 as obtained in application
of the International Sun Protection Factor Test Methods
(2006) or an equivalent degree of protection obtained
with any in vitro method; and
``(D) truth in labeling requirements such that--
``(i) claims of broad-spectrum protection
from ultraviolet radiation can only be made in
cases where the product meets the requirements
established under this section; and
``(ii) labels claiming broad-spectrum
protection include the symbol described in
subsection (b)(2) only if the sunscreen product
meets the standard adopted under subsection
(b)(1).
``(2) Measurement of protection levels.--The protection
factors described in paragraph (1) shall be measured using
standardized, reproducible testing methods that take photo-
degradation into account. In considering such methods, the
Secretary shall give preference to in vitro testing methods.
``(d) Regulations.--Not later than December 31, 2007, the Secretary
shall issue comprehensive final regulations for carrying out this
section with respect to sunscreen products.
``(e) Definitions.--
``(1) Broad-spectrum protection.--The term `broad-spectrum
protection' means protection from both UVA radiation and UVB
radiation.
``(2) Sun protection factor.--The term `sun protection
factor' is the ratio between the ultraviolet dose required to
produce minimal erythema reaction (redness) in protected skin
(skin with sunscreen) compared to unprotected skin (skin
without any sunscreen). The number indicates how many times
longer a person can stay in the sun before beginning to burn
while wearing sun protection than if he or she were not wearing
any sunscreen at all.
``(3) UVA protection factor.--The term `UVA protection
factor' means the ratio of the minimum UVA radiation dose
necessary to induce a persistent pigment darkening on the skin
protected by a sunscreen product to the minimal UVA radiation
dose necessary to induce the minimal darkening effect on the
same unprotected skin.
``(4) UVA radiation.--The term `UVA radiation' means sun
radiation in the spectrum of 320 to 400 nanometers.
``(5) UVB radiation.--The term `UVB radiation' means sun
radiation in the spectrum of 290 to 320 nanometers.''.
(b) Effective Date.--The requirements of sections 502(y) and 566(a)
of the Federal Food, Drug, and Cosmetic Act, as added by subsection
(a), shall take effect on the earlier of--
(1) the date determined appropriate by the Secretary of
Health and Human Services; or
(2) the date that is 1 year after the date of the enactment
of this Act.
SEC. 4. EDUCATION.
(a) Education.--Upon issuing the regulations required by subsection
(d) of section 566 of the Federal Food, Drug, and Cosmetic Act, as
added by section 3, the Secretary of Health and Human Services shall
implement a general, nationwide education campaign identifying the
risks posed by sun exposure without the use of a sunscreen providing
broad-spectrum protection.
(b) Contents.--The education campaign under this section shall be
designed to increase the level of knowledge and awareness among the
general public of the causes of skin cancer, the risks posed by
unprotected sun exposure, the respective roles of UVA radiation and UVB
radiation (as defined in such section 566) in the development of skin
cancer, the effective application of sunscreen, and the release of the
standard requiring broad-spectrum protection (as defined in such
section 566) in sunscreen products.
(c) Duration.--The education campaign under this section shall be
implemented for not less than one year. | Skin Cancer Prevention, Education, and Consumer Right-To-Know Act - Amends the Federal Food, Drug, and Cosmetic Act to deem a drug that is a sunscreen product whose labeling violates this Act to be adulterated.
Prohibits the labeling of a drug that is a sunscreen product that fails to meet the standards adopted under this Act from: (1) describing the product using the term "broad-spectrum"; or (2) including a specified symbol adopted to indicate broad-spectrum.
Requires the Secretary of Health and Human Services to adopt: (1) a standard for broad-spectrum protection in sunscreen products; and (2) an easily recognized symbol for inclusion in the labeling of sunscreen products meeting such standards.
Sets forth minimum standards that the Secretary shall adopt for such broad-spectrum protection, including a minimum ratio of UVA protection factor to sun protection factor, a minimum level of UVB radiation protection, and specified truth in labeling requirements. Requires sun protection factors to be measured using standardized, reproducible testing methods that take photo-degradation into account.
Requires the Secretary to implement an education campaign identifying the risks posed by sun exposure without the use of a sunscreen providing broad-spectrum protection. | {"src": "billsum_train", "title": "To require the Food and Drug Administration to establish a standard for broad-spectrum protection in sunscreen products, and for other purposes."} | 1,581 | 276 | 0.618147 | 1.878243 | 0.826135 | 4.485232 | 6.194093 | 0.924051 |
SECTION 1. AUTHORITY TO CONVEY WHITEFISH POINT LIGHT STATION LAND.
(a) Authority To Convey.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of the Department in which the Coast Guard is
operating (in this section referred to as the ``Secretary'')
may convey, by an appropriate means of conveyance, all right,
title, and interest of the United States in and to each of 3
parcels comprising the land on which the United States Coast
Guard Whitefish Point Light Station is situated (in this
section referred to as the ``Property''), as follows:
(A) To the Great Lakes Shipwreck Historical Society
(in this section referred to as a ``recipient''),
located in Sault Ste. Marie, Michigan, a parcel of land
described as follows:
A parcel of land located in Fractional
Section 32, Town 51 North, Range 5 West,
Whitefish Township, Chippewa County, Michigan,
more particularly described as commencing at
the Southwest corner of said Section 32; thence
N89 deg.51'00"E along the South line of said
Section 32 a distance of 2,054.59 feet to a
D.N.R. brass capped monument at the Meander
Corner between said Section 32 and Section 5,
Town 50 North, Range 5 West; thence
N09 deg.05'48"W a distance of 786.48 feet to a
\1/2\" iron pin w/P.S. cap in the centerline of
Whitefish Road, said point is the point of
beginning: thence continuing N09 deg.05'48"W a
distance of 163.70 feet to a B.L.M. brass
capped monument; thence N01 deg.30'39"W a
distance of 537.25 feet to a D.N.R. Aluminum
capped monument, later referred to in this
description as ``Point A''; thence continuing
N01 deg.30'39"W a distance of 189 feet, more or
less, to the water's edge of Lake Superior;
thence Southeasterly along said water's edge a
distance of 945 feet, more or less; thence
S68 deg.16'41"W a distance of 171 feet, more or
less, to a \1/2\" iron pin w/P.S. cap, said pin
bears S63 deg.24'47"E a distance of 741.84 feet
from aforementioned ``Point A''; thence
continuing S68 deg.16'41"W along an existing
road/path (Whitefish Point road extended) a
distance of 384.74 feet to a \1/2\" iron pin w/
P.S. cap; thence S49 deg.51'18"W along said
road a distance of 347.89 feet to the point of
beginning. Containing 4.816 acres, more or less
(8.734 acres, more or less to shore of Lake
Superior). Subject to all easements,
conditions, reservations, exceptions and
restrictions contained in prior conveyances of
record.
(B) To the United States Fish and Wildlife Service
(in this section referred to as a ``recipient''), a
parcel of land described as follows but excluding the
parcel described in subparagraph (C):
A parcel of land located in Fractional
Section 32, Town 51 North, Range 5 West,
Whitefish Township, Chippewa County, Michigan,
more particularly described as commencing at
the Southwest corner of said Section 32; thence
N89 deg.51'00"E along the South line of said
Section 32 a distance of 2,054.59 feet to a
D.N.R. aluminum capped monument at the Meander
Corner between said Section 32 and Section 5,
Town 50 North, Range 5 West; said Meander
Corner is the point of beginning: thence
S41 deg.00'00"E along the line dividing the
accreted land between said Sections 32 and 5, a
distance of 184.80 feet to a D.N.R. aluminum
capped monument, later referred to in this
description as ``Point B''; thence continuing
S41 deg.00'00"E a distance of 381 feet, more or
less, to the water's edge of Lake Superior;
thence Northeasterly and Northwesterly along
said water's edge a distance of 2590 feet, more
or less; thence S68 deg.16'41"W a distance of
171 feet, more or less, to a \1/2\" iron pin
which bears N67 deg.30'00"E a distance of
1150.00 feet and N39 deg.05'42"W a distance of
1085.76 feet from aforementioned ``Point B'';
thence continuing S68 deg.16'41"W a distance of
384.74 feet to a \1/2\" iron pin; thence
S49 deg.51'18"W a distance of 347.89 feet to a
\1/2\" iron pin; thence S09 deg.05'48"E a
distance of 786.48 feet to the point of
beginning. Containing 37.765 acres, more or
less (including all land to the water's edge of
Lake Superior). Subject to all easements,
conditions reservations, exceptions and
restrictions contained in prior conveyances of
record.
(C) To the Michigan Audubon Society (in this
section referred to as a ``recipient''), a parcel of
land described as follows:
A parcel of land located in Fractional
Section 32, Town 51 North, Range 5 West,
Whitefish Township, Chippewa County, Michigan,
more particularly described as commencing at
the Southwest Corner of said Section 32; thence
N89 deg.51'00"E along the South line of said
Section 32 a distance of 2,054.59 feet to a
D.N.R. aluminum capped monument at the Meander
Corner between said Section 32 and Section 5,
Town 50 North, Range 5 West; thence
N09 deg.05'48"W, 786.48 feet, thence
N49 deg.51'18"E, 265.01 feet to the point of
beginning: thence continuing N49 deg.51'18"E,
82.88 feet; thence N68 deg.16'41"E, 170.00
feet; thence S28 deg.13'19"E, 460.00 feet;
thence S61 deg.46'41"W, 250.00 feet; thence
N28 deg.13'19"W, 462.12 to the point of
beginning.
Containing 2.7 acres, more or less. Subject to all
easements, conditions, reservations, exceptions, and
restrictions contained in prior conveyances of record.
(2) Limitation.--Notwithstanding paragraph (1), the
Secretary shall retain for the United States all right, title,
and interest in--
(A) any historical artifact, including any lens or
lantern, and
(B) the light, antennas, sound signal, towers,
associated lighthouse equipment, and any electronic
navigation equipment, which are active aids to
navigation,
which is located on the Property, or which relates to the
Property.
(3) Identification of the property.--The Secretary may
identify, describe, and determine the parcels to be conveyed
pursuant to this section.
(b) Terms and Conditions.--
(1) In general.--Any conveyance pursuant to subsection (a)
shall be made--
(A) without payment of consideration; and
(B) subject to such terms and conditions as the
Secretary considers appropriate.
(2) Maintenance of navigation functions.--The Secretary
shall ensure that any conveyance pursuant to this section is
subject to such conditions as the Secretary considers to be
necessary to assure that--
(A) the light, antennas, sound signal, towers, and
associated lighthouse equipment, and any electronic
navigation equipment, which are located on the Property
and which are active aids to navigation shall continue
to be operated and maintained by the United States for
as long as they are needed for this purpose;
(B) the recipients may not interfere or allow
interference in any manner with such aids to navigation
without express written permission from the United
States;
(C) there is reserved to the United States the
right to relocate, replace, or add any aids to
navigation, or make any changes on any portion of the
Property as may be necessary for navigation purposes;
(D) the United States shall have the right, at any
time, to enter the Property without notice for the
purpose of maintaining aids to navigation;
(E) the United States shall have--
(i) an easement of access to the Property
for the purpose of maintaining the aids to
navigation and associated equipment in use on
the Property,
(ii) an easement for an arc of visibility,
(iii) a 500-foot nuisance easement around
the Fog Signal Tower, and
(iv) an easement for an underground cable
running from the Fog Signal Tower to the Light;
and
(F) the United States shall not be responsible for
the cost and expense of maintenance, repair, and upkeep
of the Property.
(3) Maintenance obligation.--The recipients shall not have
any obligation to maintain any active aid to navigation
equipment on any parcel conveyed pursuant to this section.
(c) Property To Be Maintained in Accordance With Certain Laws.--
Each recipient shall maintain the parcel conveyed to the recipient
pursuant to subsection (a) in accordance with the provisions of the
National Historic Preservation Act (16 U.S.C. 470 et seq.), and other
applicable laws.
(d) Maintenance Standard.--Each recipient shall maintain the parcel
conveyed to the recipient pursuant to subsection (a), at its own cost
and expense, in a proper, substantial, and workmanlike manner,
including the easements of access, the easement for an arc of
visibility, the nuisance easement, and the underground easement.
(e) Cooperative Use Agreement.--The Secretary shall require, as a
condition of each conveyance of property under this section, that all
of the recipients have entered into the same cooperative agreement
governing the shared use and occupancy of the existing Whitefish Point
Light Station facilities. The cooperative agreement shall include--
(1) terms governing building occupancy and access of
recipient staff and public visitors to public restrooms, the
auditorium, and the parking lot; and
(2) terms requiring that each recipient shall be
responsible for paying a pro rata share of the costs of
operating and maintaining the existing Whitefish Point Light
Station facilities, that is based on the level of use and
occupancy of the facilities by the recipient.
(f) Limitations on Development and Impairing Uses.--It shall be a
term of each conveyance under this section that--
(1) no development of new facilities or expansion of
existing facilities or infrastructure on property conveyed
under this section may occur, except for purposes of
implementing the Whitefish Point Comprehensive Plan of October
1992 and for a gift shop, unless--
(A) each of the recipients consents to the
development or expansion in writing;
(B) there has been a reasonable opportunity for
public comment on the development or expansion, and
full consideration has been given to such public
comment as is provided; and
(C) the development or expansion is consistent with
preservation of the Property in its predominantly
natural, scenic, historic, and forested condition; and
(2) any use of the Property or any structure located on the
property which may impair or interfere with the conservation
values of the Property is expressly prohibited.
(g) Revisionary Interest.--
(1) In general.--All right, title, and interests in and to
property and interests conveyed under this section shall revert
to the United States and thereafter be administered by the
Secretary of Interior acting through the Director of the United
States Fish and Wildlife Service, if--
(A) in the case of such property and interests
conveyed to the Great Lakes Shipwreck Historical
Society, the property or interests cease to be used for
the purpose of historical interpretation;
(B) in the case of such property and interests
conveyed to the Michigan Audubon Society, the property
or interests cease to be used for the purpose of
environmental protection, research, and interpretation;
or
(C) in the case any property and interests conveyed
to a recipient referred to in subparagraph (A) or (B)--
(i) there is any violation of any term or
condition of the conveyance to that recipient;
or
(ii) the recipient has ceased to exist.
(2) Authority to enforce reversionary interest.--The
Secretary of the Interior, acting through the Director of the
United States Fish and Wildlife Service, shall have the
authority--
(A) to determine for the United States Government
whether any act or omission of a recipient results in a
reversion of property and interests under paragraph
(1); and
(B) to initiate a civil action to enforce that
reversion, after notifying the recipient of the intent
of the Secretary to initiate that action. | Authorizes the Secretary of the department in which the Coast Guard is operating to convey each of three parcels of land on which the U.S. Coast Guard Whitefish Point Light Station, Michigan, is situated to: (1) the Great Lakes Shipwreck Historical Society; (2) the U.S. Fish and Wildlife Service; and (3) the Michigan Audubon Society. Requires current navigation functions of such areas to be maintained, granting the United States an easement to such properties for such purpose. Requires an appropriate maintenance standard for each conveyee. Directs the Secretary to require that the three recipients enter into the same cooperative agreement governing the shared use and occupancy of existing Light Station facilities. Provides limitations on development and impairing uses of the property. Provides for reversion to the United States if conveyance conditions are not met. | {"src": "billsum_train", "title": "To authorize conveyance of land on which is situated the United States Coast Guard Whitefish Point Light Station."} | 2,918 | 183 | 0.431201 | 1.445202 | 0.690928 | 2.935897 | 15.705128 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer-Teacher Protection Act of
2004''.
SEC. 2. REDUCTION OF SPECIAL ALLOWANCE PAYMENTS FOR LOANS FROM THE
PROCEEDS OF TAX EXEMPT ISSUES.
Section 438(b)(2)(B) (20 U.S.C. 1087-1(b)(2)(B)) is amended--
(1) in clause (i), by striking ``this division'' and inserting
``this clause'';
(2) in clause (ii), by striking ``division (i) of this
subparagraph'' and inserting ``clause (i) of this subparagraph'';
(3) in clause (iv), by inserting ``or refunded after September
30, 2004, and before January 1, 2006,'' after ``October 1, 1993,'';
and
(4) by adding at the end the following new clause:
``(v) Notwithstanding clauses (i) and (ii), the quarterly rate
of the special allowance shall be the rate determined under
subparagraph (A), (E), (F), (G), (H), or (I) of this paragraph, or
paragraph (4), as the case may be, for a holder of loans that--
``(I) were made or purchased with funds--
``(aa) obtained from the issuance of obligations the
income from which is excluded from gross income under the
Internal Revenue Code of 1986 and which obligations were
originally issued before October 1, 1993; or
``(bb) obtained from collections or default
reimbursements on, or interest or other income pertaining
to, eligible loans made or purchased with funds described
in division (aa), or from income on the investment of such
funds; and
``(II) are--
``(aa) financed by such an obligation that, after
September 30, 2004, and before January 1, 2006, has matured
or been retired or defeased;
``(bb) refinanced after September 30, 2004, and before
January 1, 2006, with funds obtained from a source other
than funds described in subclause (I) of this clause; or
``(cc) sold or transferred to any other holder after
September 30, 2004, and before January 1, 2006.''.
SEC. 3. LOAN FORGIVENESS FOR TEACHERS.
(a) Implementing Highly Qualified Teacher Requirements.--
(1) Amendments.--
(A) FFEL loans.--Section 428J(b)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1078-10(b)(1)) is amended--
(i) in subparagraph (A), by inserting ``and'' after the
semicolon; and
(ii) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) if employed as an elementary school or secondary
school teacher, is highly qualified as defined in section 9101
of the Elementary Secondary Education Act of 1965; and''.
(B) Direct loans.--Section 460(b)(1)(A) of such Act (20
U.S.C. 1087j(b)(1)(A)) is amended--
(i) in clause (i), by inserting ``and'' after the
semicolon; and
(ii) by striking clauses (ii) and (iii) and inserting
the following:
``(ii) if employed as an elementary school or secondary
school teacher, is highly qualified as defined in section
9101 of the Elementary and Secondary Education Act of 1965;
and''.
(2) Transition rule.--
(A) Rule.--The amendments made by paragraph (1) of this
subsection to sections 428J(b)(1) and 460(b)(1)(A) of the
Higher Education Act of 1965 shall not be applied to disqualify
any individual who, before the date of enactment of this Act,
commenced service that met and continues to meet the
requirements of such sections as such sections were in effect
on the day before the date of enactment of this Act.
(B) Rule not applicable to increased qualified loan
amounts.--Subparagraph (A) of this paragraph shall not apply
for purposes of obtaining increased qualified loan amounts
under sections 428J(c)(3) and 460(c)(3) of the Higher Education
Act of 1965 as added by subsection (b) of this section.
(b) Additional Amounts Eligible to Be Repaid.--
(1) FFEL loans.--Section 428J(c) of the Higher Education Act of
1965 (20 U.S.C. 1078-10(c)) is amended by adding at the end the
following:
``(3) Additional amounts for teachers in mathematics, science,
or special education.--Notwithstanding the amount specified in
paragraph (1), the aggregate amount that the Secretary shall repay
under this section shall be not more than $17,500 in the case of--
``(A) a secondary school teacher--
``(i) who meets the requirements of subsection (b); and
``(ii) whose qualifying employment for purposes of such
subsection is teaching mathematics or science on a full-
time basis; and
``(B) an elementary school or secondary school teacher--
``(i) who meets the requirements of subsection (b);
``(ii) whose qualifying employment for purposes of such
subsection is as a special education teacher whose primary
responsibility is to provide special education to children
with disabilities (as those terms are defined in section
602 of the Individuals with Disabilities Education Act);
and
``(iii) who, as certified by the chief administrative
officer of the public or non-profit private elementary
school or secondary school in which the borrower is
employed, is teaching children with disabilities that
correspond with the borrower's special education training
and has demonstrated knowledge and teaching skills in the
content areas of the elementary school or secondary school
curriculum that the borrower is teaching.''.
(2) Direct loans.--Section 460(c) of the Higher Education Act
of 1965 (20 U.S.C. 1087j(c)) is amended by adding at the end the
following:
``(3) Additional amounts for teachers in mathematics, science,
or special education.--Notwithstanding the amount specified in
paragraph (1), the aggregate amount that the Secretary shall cancel
under this section shall be not more than $17,500 in the case of--
``(A) a secondary school teacher--
``(i) who meets the requirements of subsection (b)(1);
and
``(ii) whose qualifying employment for purposes of such
subsection is teaching mathematics or science on a full-
time basis; and
``(B) an elementary school or secondary school teacher--
``(i) who meets the requirements of subsection (b)(1);
``(ii) whose qualifying employment for purposes of such
subsection is as a special education teacher whose primary
responsibility is to provide special education to children
with disabilities (as those terms are defined in section
602 of the Individuals with Disabilities Education Act);
and
``(iii) who, as certified by the chief administrative
officer of the public or non-profit private elementary
school or secondary school in which the borrower is
employed, is teaching children with disabilities that
correspond with the borrower's special education training
and has demonstrated knowledge and teaching skills in the
content areas of the elementary school or secondary school
curriculum that the borrower is teaching.''.
(3) Effective date.--The amendments made by this subsection
shall apply only with respect to eligible individuals who are new
borrowers (as such term is defined in 103 of the Higher Education
Act of 1965 (20 U.S.C. 1003)) on or after October 1, 1998, and
before October 1, 2005.
(c) Information on Benefits to Rural School Districts.--The
Secretary shall--
(1) notify local educational agencies eligible to participate
in the Small Rural Achievement Program authorized under subpart 1
of part B of title VI of the Elementary and Secondary Education Act
of 1965 of the benefits available under the amendments made by this
section; and
(2) encourage such agencies to notify their teachers of such
benefits.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Taxpayer-Teacher Protection Act of 2004 - (Sec. 2) Amends the Higher Education Act of 1965 (HEA) to reduce certain special allowance payments to holders of student loans. Sets a quarterly rate of special allowance for holders of loans that meet certain criteria. Includes among such criteria that such loans be: (1) financed through tax-exempt securities that have matured or been retired or defeased after September 30, 2004, and before January 1, 2006 (the period); (2) refinanced during the period with funds from another source; or (3) sold or transferred to any other holder during the period.
(Sec. 3) Revises HEA to require all teachers eligible for student loan forgiveness to be highly qualified, in keeping with requirements under the Elementary and Secondary Education Act of 1965 (ESEA). Exempts from this requirement teachers who have already begun their teaching service obligation under the current loan forgiveness program. States that such exemption shall not apply for purposes of obtaining certain increased amounts of student loan forgiveness.
Provides for such additional amounts of student loan forgiveness for certain eligible teachers of: (1) mathematics or science in secondary schools; and (2) special education in elementary and secondary schools. Increases to $17,500 the maximum amount of loan forgiveness for such teachers under the Federal Family Education Loan and the Federal Direct Student Loan programs (with the current maximum of $5,000 continuing to apply to eligible elementary and secondary teachers of other subjects).
Directs the Secretary to notify local educational agencies eligible to participate in the ESEA's Small Rural Achievement Program of the increased amounts of student loan forgiveness made available to certain teachers by this Act, and to encourage such agencies to notify their teachers of such benefits. | {"src": "billsum_train", "title": "To reduce certain special allowance payments and provide additional teacher loan forgiveness on Federal student loans."} | 1,839 | 355 | 0.538986 | 1.814433 | 0.774559 | 2.324405 | 4.940476 | 0.824405 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Social Media Improvement Act of
2015''.
SEC. 2. SOCIAL MEDIA WORKING GROUP.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following:
``SEC. 318. SOCIAL MEDIA WORKING GROUP.
``(a) Establishment.--The Secretary shall establish within the
Department a social media working group (in this section referred to as
the `Group').
``(b) Purpose.--In order to enhance the dissemination of
information through social media technologies between the Department
and appropriate stakeholders and to improve use of social media
technologies in support of preparedness, response, and recovery, the
Group shall identify, and provide guidance and best practices to the
emergency preparedness and response community on, the use of social
media technologies before, during, and after a natural disaster or an
act of terrorism or other man-made disaster.
``(c) Membership.--
``(1) In general.--Membership of the Group shall be composed of
a cross section of subject matter experts from Federal, State,
local, tribal, territorial, and nongovernmental organization
practitioners, including representatives from the following
entities:
``(A) The Office of Public Affairs of the Department.
``(B) The Office of the Chief Information Officer of the
Department.
``(C) The Privacy Office of the Department.
``(D) The Federal Emergency Management Agency.
``(E) The Office of Disability Integration and Coordination
of the Federal Emergency Management Agency.
``(F) The American Red Cross.
``(G) The Forest Service.
``(H) The Centers for Disease Control and Prevention.
``(I) The United States Geological Survey.
``(J) The National Oceanic and Atmospheric Administration.
``(2) Chairperson; co-chairperson.--
``(A) Chairperson.--The Secretary, or a designee of the
Secretary, shall serve as the chairperson of the Group.
``(B) Co-chairperson.--The chairperson shall designate, on
a rotating basis, a representative from a State or local
government who is a member of the Group to serve as the co-
chairperson of the Group.
``(3) Additional members.--The chairperson shall appoint, on a
rotating basis, qualified individuals to the Group. The total
number of such additional members shall--
``(A) be equal to or greater than the total number of
regular members under paragraph (1); and
``(B) include--
``(i) not fewer than 3 representatives from the private
sector; and
``(ii) representatives from--
``(I) State, local, tribal, and territorial
entities, including from--
``(aa) law enforcement;
``(bb) fire services;
``(cc) emergency management; and
``(dd) public health entities;
``(II) universities and academia; and
``(III) nonprofit disaster relief organizations.
``(4) Term limits.--The chairperson shall establish term limits
for individuals appointed to the Group under paragraph (3).
``(d) Consultation With Non-members.--To the extent practicable,
the Group shall work with entities in the public and private sectors to
carry out subsection (b).
``(e) Meetings.--
``(1) Initial meeting.--Not later than 90 days after the date
of enactment of this section, the Group shall hold its initial
meeting.
``(2) Subsequent meetings.--After the initial meeting under
paragraph (1), the Group shall meet--
``(A) at the call of the chairperson; and
``(B) not less frequently than twice each year.
``(3) Virtual meetings.--Each meeting of the Group may be held
virtually.
``(f) Reports.--During each year in which the Group meets, the
Group shall submit to the appropriate congressional committees a report
that includes the following:
``(1) A review and analysis of current and emerging social
media technologies being used to support preparedness and response
activities related to natural disasters and acts of terrorism and
other man-made disasters.
``(2) A review of best practices and lessons learned on the use
of social media technologies during the response to natural
disasters and acts of terrorism and other man-made disasters that
occurred during the period covered by the report at issue.
``(3) Recommendations to improve the Department's use of social
media technologies for emergency management purposes.
``(4) Recommendations to improve public awareness of the type
of information disseminated through social media technologies, and
how to access such information, during a natural disaster or an act
of terrorism or other man-made disaster.
``(5) A review of available training for Federal, State, local,
tribal, and territorial officials on the use of social media
technologies in response to a natural disaster or an act of
terrorism or other man-made disaster.
``(6) A review of coordination efforts with the private sector
to discuss and resolve legal, operational, technical, privacy, and
security concerns.
``(g) Duration of Group.--
``(1) In general.--The Group shall terminate on the date that
is 5 years after the date of enactment of this section unless the
chairperson renews the Group for a successive 5-year period, prior
to the date on which the Group would otherwise terminate, by
submitting to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives a certification that the continued
existence of the Group is necessary to fulfill the purpose
described in subsection (b).
``(2) Continued renewal.--The chairperson may continue to renew
the Group for successive 5-year periods by submitting a
certification in accordance with paragraph (1) prior to the date on
which the Group would otherwise terminate.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 317 the following:
``Sec. 318. Social media working group.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was reported to the Senate on September 21, 2015. DHS Social Media Improvement Act of 2015 (Sec. 2) Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish within the Department of Homeland Security (DHS) a social media working group (the Group) to identify, and provide guidance and best practices to the emergency preparedness and response community on, the use of social media technologies before, during, and after a natural disaster or an act of terrorism or other man-made disaster. Requires the Group to submit an annual report that includes: a review and analysis of social media technologies used to support preparedness and response activities; a review of best practices and lessons learned; recommendations to improve DHS's use of social media technologies for emergency management purposes, recommendations to improve public awareness of the type of information disseminated through such technologies, and recommendations on how to access such information during a disaster; a review of available training for government officials on the use of social media technologies in response to a disaster; and a review of coordination efforts with the private sector to discuss and resolve legal, operational, technical, privacy, and security concerns. Terminates the Group five years after the enactment of this Act unless the chairperson renews it for a successive five-year period by submitting a certification that the continued existence of the Group is necessary. Provides for successive five-year renewal periods. | {"src": "billsum_train", "title": "DHS Social Media Improvement Act of 2015"} | 1,427 | 317 | 0.592176 | 1.80246 | 0.817308 | 5.152778 | 4.680556 | 0.909722 |
SECTION 1. RATIFICATION OF CERTAIN CASWELL AND MONTANA CREEK NATIVE
ASSOCIATIONS CONVEYANCES.
The conveyance of approximately 11,520 acres to Montana Creek
Native Association, Inc., and the conveyance of approximately 11,520
acres to Caswell Native Association, Inc., by Cook Inlet Region, Inc.
in fulfillment of the agreement of February 3, 1976, and subsequent
letter agreement of March 26, 1982, among the 3 parties are hereby
adopted and ratified as a matter of Federal law. The conveyances shall
be deemed to be conveyances pursuant to section 14(h)(2) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1613(h)(2)). The group
corporations for Montana Creek and Caswell are hereby declared to have
received their full entitlement and shall not be entitled to receive
any additional lands under the Alaska Native Claims Settlement Act. The
ratification of these conveyances shall not have any effect on section
14(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)) or
upon the duties and obligations of the United States to any Alaska
Native Corporation. This ratification shall not be for any claim to
land or money by the Caswell or Montana Creek group corporations or any
other Alaska Native Corporation against the State of Alaska, the United
States, or Cook Inlet Region, Incorporated.
SEC. 2. MINING CLAIMS ON LANDS CONVEYED TO ALASKA REGIONAL
CORPORATIONS.
Section 22(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1621(c)) is amended by adding at the end the following:
``(3) This section shall apply to lands conveyed by interim
conveyance or patent to a regional corporation pursuant to this
Act which are made subject to a mining claim or claims located
under the general mining laws, including lands conveyed prior
to enactment of this paragraph. Effective upon the date of
enactment of this paragraph, the Secretary, acting through the
Bureau of Land Management and in a manner consistent with
section 14(g), shall transfer to the regional corporation
administration of all mining claims determined to be entirely
within lands conveyed to that corporation. Any person holding
such mining claim or claims shall meet such requirements of the
general mining laws and section 314 of the Federal Land
Management and Policy Act of 1976 (43 U.S.C. 1744), except that
any filings that would have been made with the Bureau of Land
Management if the lands were within Federal ownership shall be
timely made with the appropriate regional corporation. The
validity of any such mining claim or claims may be contested by
the regional corporation, in place of the United States. All
contest proceedings and appeals by the mining claimants of
adverse decision made by the regional corporation shall be
brought in Federal District Court for the District of Alaska.
Neither the United States nor any Federal agency or official
shall be named or joined as a party in such proceedings or
appeals. All revenues from such mining claims received after
passage of this paragraph shall be remitted to the regional
corporation subject to distribution pursuant to section 7(i) of
this Act, except that in the event that the mining claim or
claims are not totally within the lands conveyed to the
regional corporation, the regional corporation shall be
entitled only to that proportion of revenues, other than
administrative fees, reasonably allocated to the portion of the
mining claim so conveyed.''.
SEC. 3. SETTLEMENT OF CLAIMS ARISING FROM HAZARDOUS SUBSTANCE
CONTAMINATION OF TRANSFERRED LANDS.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following:
``claims arising from contamination of transferred lands
``Sec. 40. (a) As used in this section--
``(1) the term `contaminant' means hazardous substance
harmful to public health or the environment, including
asbestos; and
``(2) the term `land' means real property transferred to an
Alaska Native Corporation pursuant to this Act.
``(b) Within 18 months of enactment of this section, and after
consultation with the Secretary of Agriculture, State of Alaska, and
appropriate Alaska Native corporations and organizations, the Secretary
shall submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate, a report addressing issues presented by the presence of
hazardous substances on lands conveyed or prioritized for conveyance to
such corporations pursuant to this Act. Such report shall consist of--
``(1) existing information concerning the nature and types
of contaminants present on such lands prior to conveyance to
Alaska Native corporations;
``(2) existing information identifying the existence and
availability of potentially responsible parties for the removal
or amelioration of the effects of such contaminants;
``(3) identification of existing remedies; and
``(4) recommendations for any additional legislation that
the Secretary concludes is necessary to remedy the problem of
contaminants on the lands.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE PURPOSES OF
IMPLEMENTING REQUIRED RECONVEYANCES.
Section 14(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(c)) is amended by adding at the end the following:
``There is authorized to be appropriated such sums as may be
necessary for the purpose of providing technical assistance to Village
Corporations established pursuant to this Act in order that they may
fulfill the reconveyance requirements of section 14(c) of this Act. The
Secretary may make funds available as grants to ANCSA or nonprofit
corporations that maintain in-house land planning and management
capabilities.''.
SEC. 5. NATIVE ALLOTMENTS.
Section 1431(o) of the Alaska National Interest Lands Conservation
Act (94 Stat. 2542) is amended by adding at the end the following:
``(5) Following the exercise by Arctic Slope Regional
Corporation of its option under paragraph (1) to acquire the
subsurface estate beneath lands within the National Petroleum
Reserve--Alaska selected by Kuukpik Corporation, where such
subsurface estate entirely surrounds lands subject to a Native
allotment application approved under 905 of this Act, and the
oil and gas in such lands have been reserved to the United
States, Arctic Slope Regional Corporation, at its further
option and subject to the concurrence of Kuukpik Corporation,
shall be entitled to receive a conveyance of the reserved oil
and gas, including all rights and privileges therein reserved
to the United States, in such lands. Upon the receipt of a
conveyance of such oil and gas interests, the entitlement of
Arctic Slope Regional Corporation to in-lieu subsurface lands
under section 12(a)(1) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1611(a)(1)) shall be reduced by the amount of
acreage determined by the Secretary to be conveyed to Arctic
Slope Regional Corporation pursuant to this paragraph.''.
SEC. 6. REPORT CONCERNING OPEN SEASON FOR CERTAIN NATIVE ALASKA
VETERANS FOR ALLOTMENTS.
(a) In General.--No later than 6 months after the date of enactment
of this Act, the Secretary of the Interior, in consultation with the
Secretary of Agriculture, the State of Alaska and appropriate Native
corporations and organizations, shall submit to the Committee on
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report which shall include, but
not be limited to, the following:
(1) The number of Vietnam era veterans, as defined in
section 101 of title 38, United States Code, who were eligible
for but did not apply for an allotment of not to exceed 160
acres under the Act of May 17, 1906 (chapter 2469, 34 Stat.
197), as the Act was in effect before December 18, 1971.
(2) An assessment of the potential impacts of additional
allotments on conservation system units as that term is defined
in section 102(4) of the Alaska National Interest Lands
Conservation Act (94 Stat. 2375).
(3) Recommendations for any additional legislation that the
Secretary concludes is necessary.
(b) Requirement.--The Secretary of Veterans Affairs shall release
to the Secretary of the Interior information relevant to the report
required under subsection (a).
SEC. 7. TRANSFER OF WRANGELL INSTITUTE.
(a) Property Transfer.--Cook Inlet Region, Incorporated, is
authorized to transfer to the United States and the General Services
Administration shall accept an approximately 10-acre site of the
Wrangell Institute in Wrangell, Alaska, and the structures contained
thereon.
(b) Restoration of Property Credits.--
(1) In general.--In exchange for the land and structures
transferred under subsection (a), property bidding credits in
the total amount of $382,305, shall be restored to the Cook
Inlet Region, Incorporated, property account in the Treasury
established under section 12(b) of the Act of January 2, 1976
(Public Law 94-204; 43 U.S.C. 1611 note), referred to in such
section as the ``Cook Inlet Region, Incorporated, property
account''. Such property bidding credits shall be used in the
same fiscal year as they are received by Cook Inlet Region,
Incorporated.
(2) Hold harmless.--The United States shall defend and hold
harmless Cook Inlet Region, Incorporated, and its subsidiaries
in any and all claims arising from Federal or Cook Inlet
Region, Incorporated, ownership of the land and structures
prior to their return to the United States.
SEC. 8. SHISHMAREF AIRPORT AMENDMENT.
The Shishmaref Airport, conveyed to the State of Alaska on January
5, 1967, in Patent No. 1240529, is subject to reversion to the United
States, pursuant to the terms of that patent for nonuse as an airport.
The Secretary is authorized to reacquire the interests originally
conveyed pursuant to Patent No. 1240529, and, notwithstanding any other
provision of law, shall immediately thereafter transfer all right,
title, and interest of the United States in the subject lands to the
Shishmaref Native Corporation. Nothing in this section shall relieve
the State, the United States, or any other potentially responsible
party of liability, if any, under existing law for the cleanup of
hazardous or solid wastes on the property, nor shall the United States
or Shishmaref Native Corporation become liable for the cleanup of the
property solely by virtue of acquiring title from the State of Alaska
or from the United States. | Ratifies certain land conveyances by Cook Inlet Region, Inc., to the Montana Creek Native Association, Inc., and to the Caswell Native Association, Inc.
(Sec. 2) Amends the Alaska Native Claims Settlement Act (Act) with respect to requirements, administration, and revenues of mining claims patented to a Regional Corporation.
(Sec. 3) Directs the Secretary of the Interior (Secretary) to report to the Congress concerning hazardous substances on lands conveyed to Native Corporations.
(Sec. 4) Authorizes appropriations to Village Corporations for reconveyance activities.
(Sec. 5) Amends the Alaska National Interest Lands Conservation Act with respect to specified oil and gas reserve conveyances allotted to the Arctic Slope Regional Corporation.
(Sec. 6) Directs the Secretary to report to the Congress concerning Native Alaskan Vietnam era veterans who did not receive specified allotments, and a related assessment of any additional allotments.
(Sec. 7) Authorizes Cook Inlet Region, Inc., to transfer Wrangell Institute in Wrangell, Alaska, to the General Services Administration in exchange for the restoration of specified property credits.
(Sec. 8) States that: (1) the Shishmaref Airport, Alaska, is subject to reversion to the United States for nonuse as an airport; and (2) the Secretary shall reacquire the conveyed interests and transfer such lands to the Shishmaref Native Corporation. | {"src": "billsum_train", "title": "A bill to amend the Alaska Native Claims Settlement Act, and for other purposes."} | 2,359 | 341 | 0.55986 | 1.956392 | 0.732984 | 2.757463 | 7.746269 | 0.906716 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Assistance Act for Persons
with Mental Illness''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Many homeless individuals in the United States are
individuals who have been discharged from inpatient or
residential institutions for individuals with mental illness.
(2) With proper predischarge housing counseling and related
services, many such individuals can be accommodated in existing
housing facilities.
(3) Residential institutions for individuals with mental
illness are funded and operated by States and units of general
local government without direct Federal involvement.
SEC. 3. DEFINITIONS.
Section 1919 of the Public Health Service Act (42 U.S.C. 300x-8) is
amended by adding at the end the following new paragraphs:
``(3) Housing counseling.--The term `housing counseling'
means counseling furnished to an individual before the
individual's release from an inpatient or residential
institution for individuals with mental illness that includes
discussions with an accredited or experienced advisor from a
community-based non-profit organization on, and distribution to
such individual by such an advisor of, information about how
the application and grant processes work for Federal, State,
and local housing assistance, about selection preferences for
such housing assistance, about how rent is determined for
applicable public housing, and about the duration for which the
individual would be eligible to stay in such public housing.
Such counseling shall include information on any of the
following topics, as appropriate:
``(A) Housing choice vouchers under section 8(o) of
the United States Housing Act of 1937 (42 U.S.C.
1437f(o)).
``(B) Direct housing subsidies.
``(C) Non-profit housing.
``(D) Public housing (as such term is defined in
section 3(b) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)).
``(E) Rent supplements and assistance programs.
``(F) Co-operative housing.
``(G) Permanent supportive housing.
``(H) Private-sector housing affordable to the
individual.
``(I) Tax credit programs.
``(J) Local laws regarding renters' rights.
``(K) Home mortgages.
``(L) Mortgage refinancing.
``(M) Home equity loans.
``(N) Home repair loans.
``(O) Property taxes.
``(P) Other housing options for low-income
individuals or other applicable groups of individuals.
``(4) Financial counseling.--The term `financial
counseling' means counseling furnished to an individual before
the individual's release from a residential institution for
individuals with mental illness that includes discussions with
an accredited or experienced advisor from a community-based
non-profit organization on, and distribution to such individual
by such an advisor of, information about issues relating to
financial literacy and education to promote an understanding of
consumer, economic, and personal finance issues and concepts,
including the following, as appropriate:
``(A) Saving for retirement.
``(B) Managing credit.
``(C) Long-term care.
``(D) Estate planning.
``(E) Predatory lending.
``(F) Identity theft.
``(G) Financial abuse schemes.
``(H) Work incentives.
``(I) Money management skills building.''.
SEC. 4. USE OF CERTAIN BLOCK GRANT FUNDS FOR HOUSING COUNSELING,
FINANCIAL COUNSELING, AND PERIODIC EVALUATION.
(a) Use of Funds Under Existing Program Permitted.--Funds made
available to States and units of general local government under the
community development block grant program under title I of the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), and
under the block grant programs for community mental health services and
for the prevention and treatment of substance abuse under part B of
title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.),
may be used for purposes of providing housing counseling and financial
counseling (as such terms are defined in paragraphs (3) and (4),
respectively, of section 1919 of the Public Health Service Act (42
U.S.C. 300x-8), as added by section 3) for individuals before their
release from inpatient or residential institutions for individuals with
mental illness and for purposes of biannual evaluations of the
appropriateness of such counseling provided for such individuals
following such release.
(b) Sense of Congress About Using Funds for This Purpose.--It is
the sense of Congress that States and units of general local government
should use a reasonable portion of the funds described in subsection
(a) to provide for housing counseling, financial counseling, and
biannual evaluations described in such subsection.
SEC. 5. AMENDMENTS TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
AND PUBLIC HEALTH SERVICE ACT.
(a) Statement of Projected Use of Funds and Reports by Recipients
of Community Development Block Grant Funds.--
(1) Statement of projected use of funds to include funds
used for housing counseling and financial counseling.--Section
104(a)(1) of the Housing and Community Development Act of 1974
(42 U.S.C. 5304(a)(1)) is amended by adding at the end the
following new sentence: ``Each statement of projected use of
funds required under this paragraph shall include a specific
statement of the portion of funds received under section 106
that are expected to be used pursuant to section 4(a) of the
Community Assistance Act for Persons with Mental Illness to
provide housing counseling and financial counseling (as such
terms are defined in section 1919 of the Public Health Service
Act) for individuals before their release from inpatient or
residential institutions for individuals with mental illness
and for biannual evaluations of the appropriateness of such
counseling provided for such individuals following such
release.''.
(2) Reports on housing counseling and financial counseling
provided.--Section 104(e) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5304(e)) is amended by
inserting after the third sentence the following new sentences:
``The report shall include a specific statement of the portion
of funds received by the grantee under section 106 that were
used pursuant to section 4(a) of the Community Assistance Act
for Persons with Mental Illness to provide housing counseling
and financial counseling (as such terms are defined in section
1919 of the Public Health Service Act) for individuals before
their release from inpatient or residential institutions for
individuals with mental illness, a description of the housing
counseling and financial counseling provided, a specific
statement of the portion of such funds used to evaluate
biannually the appropriateness of such counseling provided for
such individuals following such release, and a description of
the type of the evaluations made. The report shall also include
recommendations for the further improvement of such counseling
and such biannual evaluations.''.
(b) State Plan and Reports by States Receiving Block Grants for
Community Mental Health Services and for Prevention and Treatment of
Substance Abuse.--
(1) Inclusion of housing counseling and financial
counseling in state plan for comprehensive community-based
mental health systems.--The second sentence of section
1912(b)(1) of the Public Health Service Act (42 U.S.C. 300x-
2(b)(1)) is amended--
(A) by inserting ``housing counseling (as defined
in section 1919(4)), financial counseling (as defined
in section 1919(5),'' after ``medical and dental
care,''; and
(B) by inserting ``, including individuals who are
released from inpatient or residential institutions,''
after ``support services to be provided to
individuals''.
(2) Reports on housing counseling and financial counseling
provided.--Section 1942(a) of such Act (42 U.S.C. 300x-52(a))
is amended--
(A) in paragraph (1), at the end by striking at the
end ``and'';
(B) in paragraph (2), at the end by striking the
period and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) with respect to a grant under section 1911, the
number of individuals in the State who were transitioned out of
inpatient or residential institutions for individuals with
mental illness, the housing counseling and financial counseling
furnished to such individuals for purposes of such transition
into the community, and the number of such individuals who
returned to such an institution after being released from such
institution and the reasons for such return.''.
(c) Reports by Secretary of Housing and Urban Development and
Secretary of Health and Human Services.--
(1) Not later than 6 months after the date of the enactment
of this Act, the Secretary of Housing and Urban Development and
the Secretary of Health and Human Services shall each submit to
the Congress a report describing the projected use of funds
received under the applicable block grant program referred to
in section 4(a) for fiscal year 2010 to provide housing
counseling and financial counseling (as such terms are defined
in paragraphs (4) and (5) of section 1919 of the Public Health
Service Act (42 U.S.C. 300x-8), as added by section 3) for
individuals before their release from inpatient or residential
institutions for individuals with mental illness and biannual
evaluations of the appropriateness of such counseling provided
for such individuals following such release.
(2) Not later than September 30, 2011, and annually
thereafter, the Secretary of Housing and Urban Development and
the Secretary of Health and Human Services shall each submit to
the Congress a report describing the actual use of amounts
received under the applicable block grant program referred to
in section 4(a) for the previous 12-month period to provide the
housing counseling, financial counseling, and biannual
evaluation described in paragraph (1). Each such report shall
include--
(A) an analysis of the feasibility and desirability
of requiring, as a condition of receipt of funds under
the applicable block grant program, that each State and
unit of general local government either have a program
providing for such housing counseling, financial
counseling, and biannual evaluation or for the
development of a prerelease housing plan;
(B) an analysis of the feasibility and desirability
of requiring States and units of general local
government to reserve for such purpose a certain
portion or amount of the funds received under such
block grant program; and
(C) any recommendations of the applicable Secretary
for legislative changes in such block grant program.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to grants made for periods beginning on or after October 1,
2010. | Community Assistance Act for Persons with Mental Illness - Authorizes the use of specified funds, by state and local governments under the community development, mental health services, and substance abuse prevention and treatment block grant programs of the Housing and Community Development Act of 1974 and the Public Health Service Act, to provide housing counseling and financial counseling for individuals before their release from institutions for individuals with mental illness.
Amends the Public Health Service Act to include in a state plan for comprehensive community-based mental health systems: (1) housing counseling; (2) financial counseling; and (3) support services for individuals released from inpatient or residential institutions. | {"src": "billsum_train", "title": "To encourage States and units of general local government to use amounts received under the community development block grant program and the community mental health services and substance abuse block grant programs to provide housing counseling and financial counseling for individuals before their release from inpatient or residential institutions for individuals with mental illness and periodic evaluation of the appropriateness of such counseling after such release."} | 2,345 | 128 | 0.539608 | 1.319849 | 0.628512 | 4.072581 | 17.741935 | 0.959677 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving the Nation's Visitors'
International Travel Experience Act of 2014'' or the ``INVITE Act of
2014''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to create a welcoming experience at United States ports
of entry;
(2) to encourage international travelers to visit the
United States; and
(3) to support jobs and economic prosperity for the Nation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Energy and Commerce of the
House of Representatives;
(F) the Committee on Foreign Affairs of the House
of Representatives;
(G) the Committee on Homeland Security of the House
of Representatives; and
(H) the Committee on Appropriations of the House of
Representatives.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Global entry program.--The term ``Global Entry
Program'' means the program described in section 235.12 of
title 8, Code of Federal Regulations.
(4) Model ports of entry program.--The term ``Model Ports
of Entry Program'' means the program established by the
Secretary of Homeland Security under section 725 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(8 U.S.C. 1752a).
SEC. 4. GLOBAL ENTRY PROGRAM EXPANSION.
(a) Coordination.--The Secretary of State and the Secretary of
Homeland Security shall explore the feasibility of--
(1)(A) coordinating the enrollment and interview processes
for individuals who--
(i) are nationals of countries with which the
United States has a reciprocal trusted traveler program
agreement; and
(ii) simultaneously apply for a United States visa
and enroll in the Global Entry Program; and
(B) collecting a single application fee from such
applicants; and
(2) coordinating the passport application and Global Entry
Program enrollment processes for eligible United States
citizens.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of State and the Secretary of
Homeland Security shall jointly submit, to the appropriate
congressional committees, a report that describes--
(1) the status of bilateral negotiations to expand
reciprocal trusted traveler programs such as the Global Entry
Program;
(2) barriers to the expansion of the Global Entry Program;
(3) the number of United States citizens and nationals of
other countries who are enrolled in the Global Entry Program,
the NEXUS Program, or the SENTRI Program;
(4) the feasibility of coordinating Global Entry Program
enrollment with the visa and passport application processes;
(5) if the Secretaries determine that such coordination is
infeasible, the specific reasons for such determination; and
(6) the resources needed and the next steps that the
Department of State and the Department of Homeland Security
would need to take to implement the coordinated Global Entry
and visa and passport application process described in
subsection (a).
SEC. 5. STRENGTHENING THE MODEL PORTS OF ENTRY PROGRAM.
(a) In General.--Section 725 of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (8 U.S.C. 1752a) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) modify the program, to the extent determined to be
necessary by the Commissioner of U.S. Customs and Border
Protection, including by expanding the program beyond the 20
airports at which the program was initially implemented.'';
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (b) the following:
``(c) Program Metrics.--
``(1) Development.--To ensure the effectiveness of the
Model Ports of Entry Program (referred to in this subsection as
the `program'), the Commissioner of U.S. Customs and Border
Protection shall develop metrics to measure the performance of
the program, including metrics to measure customer satisfaction
among passengers using the ports of entry at the Model Ports of
Entry airports.
``(2) Report.--Not later than 1 year after the date of the
enactment of the INVITE Act of 2014, the Commissioner of U.S.
Customs and Border Protection shall submit a report to the
appropriate congressional committees that includes--
``(A) a list of the program airports;
``(B) an explanation of how the program has been
implemented at each program airport;
``(C) an analysis of the program's performance
against the metrics established under paragraph (1) to
measure customer satisfaction;
``(D) recommendations for improving public-private
collaboration between U.S. Customs and Border
Protection, airports, and other industry stakeholders
to improve the user experience at United States ports
of entry; and
``(E) recommendations on whether the program should
be expanded to more airports.
``(d) Model Ports of Entry Grant Program.--
``(1) Establishment.--Not later than 1 year after the date
of the enactment of the INVITE Act of 2014, the Secretary of
Homeland Security shall establish the Model Ports of Entry
Grant Program to award, on a competitive basis, up to 10 grants
of an amount deemed appropriate by the Commissioner to airports
designated by the Commissioner of U.S. Customs and Border
Protection to establish public-private sector collaboration to
improve the international arrival process at United States
airports.
``(2) Source of funding.--The funding for the grant program
established under this subsection shall come from the operating
budget of U.S. Customs and Border Protection.
``(3) Matching grant.--The Secretary may not make a grant
to an airport under this subsection unless the airport agrees
to match the grant funding with an equal amount of non-Federal
funds.
``(4) Use of funds.--Grants received under the subsection--
``(A) shall be used to improve the grantee's
international passenger processing facility in
accordance with the objectives of the Model Ports of
Entry Program through activities such as--
``(i) the installation of informational
television monitors;
``(ii) improvements to queue management;
and
``(iii) the use of technology that will
improve the entry process;
``(B) shall be used to provide a more efficient and
welcoming international arrival process to facilitate
and promote business and tourist travel to the United
States; and
``(C) may not be used to replace funding for
airport improvement projects paid for with--
``(i) passenger facility charges authorized
under section 40117 of title 49, United States
Code; or
``(ii) grants received through the Airport
Improvement Program under subchapter I of
chapter 471 of such title 49.
``(5) Working groups.--
``(A) Establishment.--Grantees shall establish
public-private partnership working groups with U.S.
Customs and Border Protection.
``(B) Other members.--Working groups established
under this paragraph may include representatives of the
travel and tourism industry, including--
``(i) the air passenger sector;
``(ii) the hotel sector;
``(iii) the theme park sector;
``(iv) the rental car sector
``(v) the tour operator sector;
``(vi) the travel distribution sector;
``(vii) the retail sector;
``(viii) the State tourism authority;
``(ix) the local convention and visitors
authority;
``(x) local cultural interest groups; and
``(xi) the event management sector.
``(C) Collaboration.--The working groups
established under this paragraph shall--
``(i) support ongoing collaborative efforts
to share best practices for improving the
international arrivals process; and
``(ii) provide recommendations for overall
facility design enhancements and the
integration of public and cultural art into
port of entry facilities at United States
airports.
``(D) Federal advisory committee act.--The
provisions of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to working groups
established under this paragraph.
``(6) Administration and selection criteria.--The
Commissioner of U.S. Customs and Border Protection shall--
``(A) administer the Model Ports of Entry Grant
Program; and
``(B) establish the criteria for selecting
grantees.
``(7) Metrics.--The Commissioner of U.S. Customs and Border
Protection shall establish metrics to determine the
effectiveness of the Model Ports of Entry Grant Program.''.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Commissioner shall submit a report to the appropriate
congressional committees that includes--
(1) a description of the status of the Model Ports of Entry
Grant Program;
(2) a description of the metrics U.S. Customs and Border
Protection will use to measure the effectiveness of the Model
Ports of Entry Grant Program;
(3) an analysis comparing the results of the Model Ports of
Entry Grant Program with the metrics established pursuant to
section 725(d)(6) of the Implementing Recommendations of the 9/
11 Commission Act of 2007, as added by subsection (a)(3);
(4) recommendations on whether the Model Ports of Entry
Grant Program should be made available on a competitive basis
to additional airports; and
(5) a description of the improvements the Commissioner
intends to make to the Model Ports of Entry Grant Program.
SEC. 6. U.S. CUSTOMS AND BORDER PROTECTION WAIT TIME METRICS.
(a) Annual Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Commissioner shall
submit a report to the appropriate congressional committees that--
(1) includes data on average passenger wait times and peak
wait times for each month at each port of entry;
(2) provides an analysis of the performance of U.S. Customs
and Border Protection against the metrics developed pursuant to
section 571(a) of the Department of Homeland Security
Appropriations Act, 2014 (division F of Public Law 113-76); and
(3) provides an update on the development and
implementation of operational work plans that support the goal
of reducing passenger processing times at air, land, and sea
ports of entry in accordance with section 571(b) of such Act.
(b) Public Dissemination of Wait Times.--The Commissioner shall--
(1) prominently post the latest information on wait times
for processing arriving international passengers at United
States airports and land ports of entry on the U.S. Customs and
Border Protection website so that such information is easily
accessible to website visitors; and
(2) continuously update the information described in
paragraph (1) during the hours in which the air and land ports
are open and receiving customers.
SEC. 7. REPORT ON EFFORTS TO LEVERAGE TECHNOLOGY IN THE INTERNATIONAL
ARRIVALS PROCESS.
Not later than 1 year after date of the enactment of this Act, the
Commissioner shall submit a report to Congress that--
(1) describes efforts to develop new technologies and
procedures to improve the passenger screening process at United
States ports of entry;
(2) lists the Department of Homeland Security components
for which each technology is being developed; and
(3) identifies methods for more effectively processing
inbound international travelers to the United States while
strengthening security.
SEC. 8. INCREASING THE TRANSPARENCY OF DEPARTMENT OF HOMELAND SECURITY
CUSTOMER SERVICE ENHANCEMENTS.
(a) In General.--The Secretary of Homeland Security shall collect
and analyze traveler feedback--
(1) to develop customer service best practices across all
relevant component agencies;
(2) to ensure a welcoming environment; and
(3) to improve the image of the United States around the
world.
(b) Use of Traveler Feedback.--The Secretary of Homeland Security
shall--
(1) coordinate the collection of all traveler feedback
across all relevant component agencies to improve the
transparency of customer service enhancements;
(2) publicly report the feedback described in paragraph (1)
on a quarterly basis; and
(3) analyze and utilize such feedback to develop customer
service best practices throughout the Department of Homeland
Security, which shall include cultural sensitivity and
diversity training.
(c) Monthly Report.--The Secretary of Homeland Security shall
report all U.S. Customs and Border Protection traveler feedback to the
Department of Transportation for publication in its monthly Air Travel
Consumer Report.
(d) INFO Center Staffing.--The Commissioner shall ensure that the
U.S. Customs and Border Protection INFO Center is adequately staffed in
order to limit caller wait times to shorter than 10 minutes. | Improving the Nation's Visitors' International Travel Experience Act of 2014 or INVITE Act of 2014 - Directs the Secretary of State and the Secretary of Homeland Security (DHS) to explore the feasibility of: (1) coordinating the enrollment and interview processes for individuals who are nationals of countries with which the United States has a reciprocal trusted traveler program agreement, applying simultaneously for a U.S. visa and global entry program enrollment, and collecting a single application fee from such applicants; and (2) coordinating the passport application and global entry program enrollment processes for eligible U.S. citizens. Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to: (1) modify the model ports of entry program, including by increasing the number of program airports; and (2) direct U.S. Customs and Border Protection (CBP) to develop metrics to measure the program's performance. Directs the DHS Secretary to establish the model ports of entry grant program to award up to 10 grants to CBP-designated airports to improve the international arrival process at U.S. airports. Directs CBP to report to Congress each year: (1) regarding average passenger wait times and peak wait times for each month at each port of entry, and (2) describing efforts to develop new technologies and procedures to improve the passenger screening process at U.S. ports of entry. Directs the Secretary to collect and analyze traveler feedback to develop customer service best practices, ensure a welcoming environment, and improve the U.S. image. | {"src": "billsum_train", "title": "INVITE Act of 2014"} | 2,906 | 324 | 0.633977 | 1.857982 | 0.878691 | 4.239286 | 9.717857 | 0.946429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Nuclear Workers' Health
Insurance Act of 1995''.
SEC. 2. HEALTH INSURANCE PROGRAM FOR CERTAIN FORMER DEPARTMENT OF
ENERGY EMPLOYEES EXPOSED TO IONIZING RADIATION.
(a) Establishment of Program.--The Secretary of Energy shall
provide in accordance with this section for payment to (or on behalf
of) certain former Department of Energy employees (described in
subsection (b)) for all reasonable expenses for certain health care
services (described in subsection (c)) incurred (whether through
insurance or out-of-pocket) above the threshold dollar amount specified
in subsection (d).
(b) Former Employees Covered.--An employee described in this
section is an individual who--
(1) was (but is no longer) employed at a Department of
Energy defense nuclear facility (as defined in subsection
(g)(3));
(2) while employed at that facility--
(A) received 10 REM or more total exposure to
ionizing radiation or 10 percent or more of the maximum
permissible body burden exposure to ionizing radiation,
or
(B) was employed for 5 years or more in a building
or facility in which radioactive materials were
regularly stored, handled, processed, or disposed of;
and
(3) is not entitled to benefits under the Medicare Program.
(c) Reasonable Expenses for Certain Health Care Services Covered.--
(1) In general.--Reasonable expenses for certain health
care services described in this subsection are expenses in a
reasonable amount for health care services which are medically
reasonable and necessary for treatment of--
(A)(i) leukemia or cancer of the blood-forming
tissues (excluding chronic lymphocytic leukemia),
(ii) multiple myeloma or muscle cancer affecting
the spinal cord, or lymphoma (other than Hodgkin's
disease),
(iii) cancer of the thyroid, lung, breast, brain or
nervous system, bone, skin, prostate, parathyroid
glands, stomach, colon or rectum, esophagus, bladder,
urinary tract, pharynx, pancreas, small intestine, bile
ducts, gall bladder, or liver (except if cirrhosis or
hepatitis B is indicated); or
(iv) berylliosis; or
(B) another disease if the Secretary of Energy (in
consultation with the Secretary of Health and Human
Services) determines that there is a reasonable medical
certainty that such disease could have been directly or
indirectly caused by an illness referred to in
subparagraph (A).
(2) Determination of reasonable amount.--In applying
paragraph (1)--
(A) health care expenses shall be treated as being
``in a reasonable amount'' based on a typical payment
methodology used under FEHBP plans, and
(B) treatment of an illness shall be considered to
be medically reasonable and necessary if payment for
such treatment can be expected to be made under either
an FEHBP plan or under the Medicare Program.
(3) Health services defined.--In paragraph (1), the term
``health care services'' means health care items and services
that are the type of items and services for which benefits are
made available either under an FEHBP plan or under the Medicare
Program and includes hospital services, physicians services,
outpatient prescription drugs, hospice care, home health
services, skilled nursing facility services, and rehabilitation
(inpatient and outpatient) services.
(d) Threshold Dollar Amount.--The threshold dollar amount specified
in this subsection is $25,000 with respect to any individual during the
individual's lifetime, not counting expenses incurred before the date
of the enactment of this Act.
(e) Administration.--The Secretary of Energy may carry out this
section directly, through a memorandum of understanding with an
appropriate Federal department or agency, or through a contract with an
appropriate health insurance carrier or administrator.
(f) Effective Date.--The Secretary of Energy shall establish the
insurance program under this section by not later than 6 months after
the date of the enactment of this Act. The program shall apply to
expenses incurred for services furnished on or after the date the
program first becomes effective.
(g) Definitions.--In this section:
(1) The term ``FEHBP plan'' means a health plan typical of
the health plans offered to Federal employees and annuitants
under chapter 89 of title 5, United States Code.
(2) The term ``medicare program'' means the program under
title XVIII of the Social Security Act.
(3) The term ``Department of Energy defense nuclear
facility'' means--
(A) a production facility or utilization facility
(as defined in section 11 of the Atomic Energy Act of
1954 (42 U.S.C. 2014)) that is under the control or
jurisdiction of the Secretary of Energy and that is
operated for national security purposes (including the
tritium loading facility at Savannah River, South
Carolina; the 236 H facility at Savannah River, South
Carolina; and the Mound Laboratory, Ohio), but the term
does not include any facility that does not conduct
atomic energy defense activities;
(B) a nuclear waste storage or disposal facility
that is under the control or jurisdiction of the
Secretary of Energy;
(C) a testing and assembly facility that is under
the control or jurisdiction of the Secretary of Energy
and that is operated for national security purposes
(including the test site facility in Nevada; the
Pinnellas Plant, Florida; and the Pantex facility,
Texas);
(D) a nuclear weapons research facility that is
under the control or jurisdiction of the Secretary of
Energy (including the Lawrence Livermore, Los Alamos,
and Sandia National Laboratories); or
(E) any facility described in subparagraphs (A)
through (D) that--
(i) is no longer in operation;
(ii) was under the control or jurisdiction
of the Department of Defense, the Atomic Energy
Commission, or the Energy Research and
Development Administration; and
(iii) was operated for national security
purposes. | Defense Nuclear Workers' Health Insurance Act of 1995 - Directs the Secretary of Energy to provide for payments to certain former Department of Energy (DOE) employees who were employed at a DOE defense nuclear facility and who are not entitled to Medicare benefits for all reasonable expenses above $25,000 for certain health care services for the treatment of specified conditions related to exposure to ionizing radiation. | {"src": "billsum_train", "title": "Defense Nuclear Workers' Health Insurance Act of 1995"} | 1,365 | 79 | 0.537359 | 1.456745 | 0.875451 | 2.71831 | 17.28169 | 0.887324 |
SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``District of
Columbia Paperwork Reduction Act''.
(b) References in Act.--Except as may otherwise be provided,
whenever in this Act an amendment 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 that section or other provision of the
District of Columbia Home Rule Act.
SEC. 2. ELIMINATION OF CONGRESSIONAL REVIEW OF NEWLY PASSED DISTRICT
LAWS.
(a) In General.--Section 602 (sec. 1-206.02, D.C. Official Code) is
amended by striking subsection (c).
(b) Congressional Resolutions of Disapproval.--
(1) In general.--The District of Columbia Home Rule Act is
amended by striking section 604 (sec. 1-206.04, D.C. Official
Code).
(2) Clerical amendment.--The table of contents is amended
by striking the item relating to section 604.
(3) Exercise of rulemaking power.--This subsection and the
amendments made by this subsection are enacted by Congress--
(A) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such they shall be considered as a part of the
rules of each House, respectively, or of that House to
which they specifically apply, and such rules shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(B) with full recognition of the constitutional
right of either House to change such rules (so far as
relating to such House) at any time, in the same
manner, and to the same extent as in the case of any
other rule of such House.
(c) Conforming Amendments.--
(1) District of columbia home rule act.--(A) Section 303
(sec. 1-203.03, D.C. Official Code) is amended--
(i) in subsection (a), by striking the second
sentence; and
(ii) by striking subsection (b) and redesignating
subsections (c) and (d) as subsections (b) and (c).
(B) Section 404(e) (sec. 1-204.04(3), D.C. Official Code)
is amended by striking ``subject to the provisions of section
602(c)'' each place it appears.
(C) Section 462 (sec. 1-204.62, D.C. Official Code) is
amended--
(i) in subsection (a), by striking ``(a) The
Council'' and inserting ``The Council''; and
(ii) by striking subsections (b) and (c).
(D) Section 472(d) (sec. 1-204.72(d), D.C. Official Code)
is amended to read as follows:
``(d) Payments Not Subject to Appropriation.--The fourth sentence
of section 446 shall not apply to any amount obligated or expended by
the District for the payment of the principal of, interest on, or
redemption premium for any revenue anticipation note issued under
subsection (a).''.
(E) Section 475(e) (sec. 1-204.75(e), D.C. Official Code)
is amended to read as follows:
``(e) Payments Not Subject to Appropriation.--The fourth sentence
of section 446 shall not apply to any amount obligated or expended by
the District for the payment of the principal of, interest on, or
redemption premium for any revenue anticipation note issued under this
section.''.
(2) Other laws.--(A) Section 2(b)(1) of Amendment No. 1
(relating to initiative and referendum) to title IV (the
District Charter) (sec. 1-204.102(b)(1), D.C. Official Code) is
amended by striking ``the appropriate custodian'' and all that
follows through ``portion of such act to''.
(B) Section 5 of Amendment No. 1 (relating to initiative
and referendum) to title IV (the District Charter) (sec. 1-
204.105, D.C. Official Code) is amended by striking ``, and
such act'' and all that follows and inserting a period.
(C) Section 16 of the District of Columbia Election Code of
1955 (sec. 1-1001.16, D.C. Official Code)--
(i) in subsection (j)(2)--
(I) by striking ``sections 404 and 602(c)''
and inserting ``section 404'', and
(II) by striking the second sentence; and
(ii) in subsection (m)--
(I) in the first sentence, by striking
``the appropriate custodian'' and all that
follows through ``parts of such act to'',
(II) by striking ``is held. If, however,
after'' and inserting ``is held unless,
under'', and
(III) by striking ``section, the act
which'' and all that follows and inserting
``section.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to each
act of the District of Columbia--
(1) passed by the Council of the District of Columbia and
signed by the Mayor of the District of Columbia;
(2) vetoed by the Mayor and repassed by the Council;
(3) passed by the Council and allowed to become effective
by the Mayor without the Mayor's signature; or
(4) in the case of initiated acts and acts subject to
referendum, ratified by a majority of the registered qualified
electors voting on the initiative or referendum,
on or after October 1, 2014. | District of Columbia Paperwork Reduction Act - Amends the District of Columbia Home Rule Act to eliminate congressional review of newly-passed District laws. | {"src": "billsum_train", "title": "District of Columbia Paperwork Reduction Act"} | 1,292 | 34 | 0.463184 | 1.02268 | 0.384326 | 2.692308 | 44.076923 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Citizens Housing Safety and
Economic Relief Act of 1995''.
SEC. 2. AUTHORITY FOR PUBLIC HOUSING AGENCIES TO PROHIBIT ADMISSION OF
DRUG OR ALCOHOL ABUSERS TO ASSISTED HOUSING.
Section 16 of the United States Housing Act of 1937 (42 U.S.C.
1437n) is amended--
(1) in the section heading by striking ``income''; and
(2) by adding at the end the following new subsection:
``(e) Authority to Limit Admission of Drug or Alcohol Abusers.--
``(1) In general.--Notwithstanding any other provision of
law, a public housing agency may establish standards for
occupancy in public housing dwelling units and assistance under
section 8, that prohibit admission to such units and assistance
under such section by any individual--
``(A) who currently illegally uses a controlled
substance; or
``(B) whose history of illegal use of a controlled
substance or use of alcohol, or current use of alcohol,
provides reasonable cause for the agency to believe
that the occupancy by such individual may interfere
with the health, safety, or right to peaceful enjoyment
of the premises by other residents.
``(2) Consideration of Rehabilitation.--In determining
whether, pursuant to paragraph (1), to deny admission or
assistance to any elderly person based on a history of use of a
controlled substance or alcohol, a public housing agency may
consider whether such elderly person--
``(A) has successfully completed a supervised drug
or alcohol rehabilitation program (as applicable) and
is no longer engaging in the illegal use of a
controlled substance or use of alcohol (as applicable);
``(B) has otherwise been rehabilitated successfully
and is no longer engaging in the illegal use of a
controlled substance or use of alcohol (as applicable);
or
``(C) is participating in a supervised drug or
alcohol rehabilitation program (as applicable) and is
no longer engaging in the illegal use of a controlled
substance or use of alcohol (as applicable).''.
SEC. 3. DESIGNATED HOUSING FOR ELDERLY AND DISABLED FAMILIES.
(a) In General.--Section 7 of the United States Housing Act of 1937
(42 U.S.C. 1437e) is amended to read as follows:
``designated housing for elderly and disabled families
``Sec. 7. (a) Authority To Provide Designated Housing.--
``(1) In general.--Subject only to provisions of this
section and notwithstanding any other provision of law, a
public housing agency for which a plan under subsection (d) is
in effect may provide public housing projects (or portions of
projects) designated for occupancy by (A) only elderly
families, (B) only disabled families, or (C) elderly and
disabled families.
``(2) Priority for occupancy.--In determining priority for
admission to public housing projects (or portions of projects)
that are designated for occupancy as provided in paragraph (1),
the public housing agency may make units in such projects (or
portions) available only to the types of families for whom the
project is designated.
``(3) Eligibility of near-elderly families.--If a public
housing agency determines that there are insufficient numbers
of elderly families to fill all the units in a project (or
portion of a project) designated under paragraph (1) for
occupancy by only elderly families, the agency may provide that
near-elderly families may occupy dwelling units in the project
(or portion).
``(4) Limitation on occupancy in projects for elderly
families.--
``(A) In general.--Subject only to the provisions
of subsection (b) and notwithstanding any other
provision of law, a dwelling unit in a project (or
portion of a project) that is designated under
paragraph (1) for occupancy by only elderly families or
by only elderly and disabled families shall not be
occupied by any individual who is not an elderly person
and--
``(i) who currently illegally uses a
controlled substance; or
``(ii) whose history of illegal use of a
controlled substance or use of alcohol, or
current use of alcohol, provides reasonable
cause for the agency to believe that the
occupancy by such individual may interfere with
the health, safety, or right to peaceful
enjoyment of the premises by other tenants.
``(B) Consideration of rehabilitation.--In
determining whether, pursuant to subparagraph (A), to
deny occupancy to any individual based on a history of
use of a controlled substance or alcohol, a public
housing agency may consider the factors under section
16(e)(2).
``(b) Standards Regarding Evictions.--
``(1) Limitation.--Except as provided in paragraph (2), any
tenant who is lawfully residing in a dwelling unit in a public
housing project may not be evicted or otherwise required to
vacate such unit because of the designation of the project (or
portion of a project) pursuant to this section or because of
any action taken by the Secretary or any public housing agency
pursuant to this section.
``(2) Requirement to evict nonelderly tenants in housing
designated for elderly families who have current drug or
alcohol abuse problems.--The public housing agency
administering a project (or portion of a project) described in
subsection (a)(4)(A) shall evict any individual who occupies a
dwelling unit in such a project and who currently illegally
uses a controlled substance or whose current use of alcohol
provides a reasonable cause for the agency to believe that the
occupancy by such individual may interfere with the health,
safety, or right to peaceful enjoyment of the premises by other
residents. This paragraph may not be construed to require a
public housing agency to evict any other individual who
occupies the same dwelling unit as the individual required to
be evicted.
``(c) Relocation Assistance.--A public housing agency that
designates any existing project or building, or portion thereof, for
occupancy as provided under subsection (a) shall provide, to each
person and family relocated in connection with such designation--
``(1) notice of the designation and relocation, as soon as
is practicable for the agency and the person or family;
``(2) comparable housing (including appropriate services
and design features), which may include tenant-based rental
assistance under section 8, at a rental rate that is comparable
to that applicable to the unit from which the person or family
has vacated; and
``(3) payment of actual, reasonable moving expenses.
``(d) Required Plan.--A plan under this subsection for designating
a project (or portion of a project) for occupancy under subsection
(a)(1) is a plan, prepared by the public housing agency for the project
and submitted to the Secretary, that--
``(1) establishes that the designation of the project is
necessary--
``(A) to achieve the housing goals for the
jurisdiction under the comprehensive housing
affordability strategy under section 105 of the
Cranston-Gonzalez National Affordable Housing Act; and
``(B) to meet the housing needs of the low-income
population of the jurisdiction; and
``(2) includes a description of--
``(A) the project (or portion of a project) to be
designated;
``(B) the types of tenants for which the project is
to be designated;
``(C) any supportive services to be provided to
tenants of the designated project (or portion);
``(D) how the agency will secure any additional
resources or housing assistance that is necessary to
provide assistance to nonelderly disabled families that
would have been housed if occupancy in project were not
restricted pursuant to this section; and
``(E) how the design and related facilities (as
such term is defined in section 202(d)(8) of the
Housing Act of 1959) of the project accommodate the
special environmental needs of the intended occupants.
For purposes of this subsection, the term `supportive services' means
services designed to meet the special needs of residents.
``(e) Review of Plans.--
``(1) Review and notification.--The Secretary shall conduct
a limited review of each plan under subsection (d) that is
submitted to the Secretary to ensure that the plan is complete
and complies with the requirements of subsection (d). The
Secretary shall notify each public housing agency submitting a
plan whether the plan complies with such requirements not later
than 60 days after receiving the plan. If the Secretary does
not notify the public housing agency, as required under this
paragraph or paragraph (2), the plan shall be considered, for
purposes of this section, to comply with the requirements under
subsection (d) and the Secretary shall be considered to have
notified the agency of such compliance upon the expiration of
such 60-day period.
``(2) Notice of reasons for determination of
noncompliance.--If the Secretary determines that a plan, as
submitted, does not comply with the requirements under
subsection (d), the Secretary shall specify in the notice under
paragraph (1) the reasons for the noncompliance and any
modifications necessary for the plan to meet such requirements.
``(3) Standards for determination of noncompliance.--The
Secretary may determine that a plan does not comply with the
requirements under subsection (d) only if--
``(A) the plan is incomplete in significant matters
required under such subsection; or
``(B) there is evidence available to the Secretary
that challenges, in a substantial manner, any
information provided in the plan.
``(4) Treatment of existing plans.--Notwithstanding any
other provision of this section, a public housing agency shall
be considered to have submitted a plan under this subsection if
the agency has submitted to the Secretary an application and
allocation plan under this section (as in effect before the
date of the enactment of the Senior Citizens Housing Safety and
Economic Relief Act of 1995) that have not been approved or
disapproved before such date of enactment.
``(f) Effectiveness.--
``(1) 5-year effectiveness of plan.--A plan under
subsection (d) shall be in effect for purposes of this section
only during the 5-year period that begins upon notification
under subsection (e)(1) of the public housing agency that the
plan complies with the requirements under subsection (d). An
agency may extend the effectiveness of the designation and plan
for an additional 2-year period beginning upon the expiration
of such period (or the expiration of any previous extension
period under this sentence) by submitting to the Secretary any
information needed to update such plan.
``(2) Savings provision.--Any application and allocation
plan approved under this section (as in effect before the date
of the enactment of the Senior Citizens Housing Safety and
Economic Relief Act of 1995) before such date of enactment
shall be considered to be a plan under subsection (d) that is
in effect for purposes of this section for the 5-year period
beginning upon such approval.
``(g) Inapplicability of Uniform Relocation Assistance and Real
Property Acquisitions Policy Act of 1970.--No tenant of a public
housing project shall be considered to be displaced for purposes of the
Uniform Relocation Assistance and Real Property Acquisitions Policy Act
of 1970 because of the designation of any existing project or building,
or portion thereof, for occupancy as provided under subsection (a) of
this section.
``(h) Inapplicability to Indian Housing.--The provisions of this
section shall not apply with respect to low-income housing developed or
operated pursuant to a contract between the Secretary and an Indian
housing authority.''.
(b) Lease Provisions.--Section 6(l) of the United States Housing
Act of 1937 (42 U.S.C. 1437d(l)) is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) provide that any occupancy in violation of the
provisions of section 7(a)(4) shall be cause for termination of
tenancy; and''.
SEC. 4. STANDARDS FOR ASSISTED HOUSING LEASE TERMINATION AND EXPEDITED
GRIEVANCE PROCEDURE.
(a) Public Housing Agency Grievance Procedure.--Section 6(k) of the
United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended, in
the first sentence of the matter following paragraph (6), by striking
``criminal'' the first place it appears and all that follows through
``such premises'' and inserting ``activity described in subsection
(l)(5) of this section or section 8(d)(1)(B)(iii)''.
(b) Public Housing Leases.--Section 6(l) of the United States
Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended by striking
paragraphs (4) and (5) and inserting the following new paragraphs:
``(4) require that the public housing agency may not
terminate the tenancy except for violation of the terms or
conditions of the lease, violation of applicable Federal,
State, or local law, or for other good cause;
``(5) provide that the public housing agency may terminate
the tenancy of a public housing resident for any activity,
engaged in by the resident, any member of the resident's
household, or any guest or other person under the resident's
control, that--
``(A) threatens the health or safety of, or right
to peaceful enjoyment of the premises by, other
residents or employees of the public housing agency or
other manager of the housing;
``(B) threatens the health or safety of, or right
to peaceful enjoyment of their premises by, persons
residing in the immediate vicinity of the premises; or
``(C) is criminal activity (including drug-related
criminal activity);''.
(c) Section 8 Housing Leases.--Section 8(d)(1)(B) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) is amended by
striking clauses (ii) and (iii) and inserting the following new
clauses:
``(ii) the owner shall not terminate the tenancy except for
violation of the terms and conditions of the lease, violation
of applicable Federal, State, or local law, or other good
cause;
``(iii) the owner may terminate the tenancy of the tenant
of a unit for any activity, engaged in by the tenant, any
member of the tenant's household, or any guest or other person
under the tenant's control, that--
``(I) threatens the health or safety of, or right
to peaceful enjoyment of the premises by, other tenants
or employees of the owner or manager of the housing;
``(II) threatens the health or safety of, or right
to peaceful enjoyment of their residences by, persons
residing in the immediate vicinity of the premises; or
``(III) is criminal activity (including drug-
related criminal activity); and''.
SEC. 5. EXTENSION OF FHA MORTGAGE INSURANCE PROGRAM FOR HOME EQUITY
CONVERSION MORTGAGES.
(a) Extension of Program.--The first sentence of section 255(g) of
the National Housing Act (12 U.S.C. 1715z-20(g)) is amended by striking
``September 30, 1995'' and inserting ``September 30, 2000''.
(b) Limitation on Number of Mortgages.--The second sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)) is
amended by striking ``25,000'' and inserting ``50,000''.
(c) Eligible Mortgages.--Section 255(d)(3) of the National Housing
Act (12 U.S.C. 1715z-20(d)(3)) is amended to read as follows:
``(3) be secured by a dwelling that is designed principally
for a 1- to 4-family residence in which the mortgagor occupies
1 of the units;''.
Passed the House of Representatives October 24, 1995.
Attest:
ROBIN H. CARLE,
Clerk. | Senior Citizens Housing Safety and Economic Relief Act of 1995 - Amends the United States Housing Act of 1937 to permit a public housing agency (PHA) to: (1) prohibit public housing admission to drug or alcohol abusers; and (2) consider, with respect to an elderly person, whether he or she has successfully completed or is participating in a supervised drug or alcohol rehabilitation program. (Sec. 3) Revises provisions permitting PHA designation of housing for occupancy by only elderly families, only disabled families, or elderly and disabled families. Eliminates the provision permitting vacant units to be made available to the general public. Prohibits admission of drug or alcohol abusers, or persons with such histories (with consideration given to rehabilitation). Prohibits eviction of current tenants from designated projects, except in the case of nonelderly drug or alcohol abusers. Requires PHA assistance to relocated tenants. Sets forth designation plan and Department of Housing and Urban Development approval provisions. States that the provisions of this section shall not apply to low-income Indian housing. (Sec. 4) Revises standards for assisted and public housing lease termination and expedited grievance procedures. (Sec. 5) Amends the National Housing Act to extend the Federal Housing Administration home equity conversion mortgage demonstration program through September 30, 2000. Increases to 50,000 the number of program mortgages, and extends eligibility to one-to-four family unit residences with at least one owner-occupied unit. | {"src": "billsum_train", "title": "Senior Citizens Housing Safety and Economic Relief Act of 1995"} | 3,596 | 323 | 0.572158 | 1.700508 | 0.820428 | 2.37276 | 11.792115 | 0.853047 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Charitable and Volunteer
Opportunities Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Aircraft.--The term ``aircraft'' has the meaning
provided that term in section 40102(6) of title 49, United
States Code.
(2) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(3) Equipment.--The term ``Equipment'' includes mechanical
equipment, electronic equipment, and office equipment.
(4) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(5) Fire control or fire rescue equipment.--The term ``fire
control or fire rescue equipment'' includes any fire vehicle,
fire fighting tool, communications equipment, protective gear,
fire hose, or breathing apparatus.
(6) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(7) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(8) Motor vehicle.--The term ``motor vehicle'' has the
meaning provided that term in section 30102(6) of title 49,
United States Code.
(9) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(10) Person.--The term ``person'' includes any governmental
or other entity.
(11) Volunteer fire company.--The term ``volunteer fire
company'' means an association of individuals who provide fire
protection and other emergency services, where at least 30
percent of the individuals receive little or no compensation
compared with an entry level full-time paid individual in that
association or in the nearest such association with an entry
level full-time paid individual.
(12) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, any other
territory or possession of the United States, or any political
subdivision of any such State, territory, or possession.
SEC. 3. CHARITABLE DONATIONS LIABILITY REFORM FOR IN-KIND CORPORATE
CONTRIBUTIONS.
(a) In General.--
(1) Liability of business entities that donate equipment to
nonprofit organizations.--
(A) In general.--Subject to subsection (b), a
business entity shall not be subject to civil liability
relating to any injury or death that results from the
use of equipment donated by such business entity to a
nonprofit organization.
(B) Application.--This paragraph shall apply with
respect to civil liability under Federal and State law.
(2) Liability of business entities providing use of
facilities to nonprofit organizations.--
(A) In general.--Subject to subsection (b), a
business entity shall not be subject to civil liability
relating to any injury or death occurring at a facility
of the business entity in connection with a use of such
facility by a nonprofit organization, if--
(i) the use occurs outside of the scope of
business of the business entity;
(ii) such injury or death occurs during a
period that such facility is used by the
nonprofit organization; and
(iii) the business entity authorized the
use of such facility by the nonprofit
organization.
(B) Application.--This paragraph shall apply--
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of a facility.
(3) Liability of business entities providing use of a motor
vehicle or aircraft.--
(A) In general.--Subject to subsection (b), a
business entity shall not be subject to civil liability
relating to any injury or death occurring as a result
of the operation of an aircraft or a motor vehicle of
the business entity loaned to a nonprofit organization
for use outside of the scope of business of the
business entity, if--
(i) such injury or death occurs during a
period that such motor vehicle or aircraft is
used by a nonprofit organization; and
(ii) the business entity authorized the use
by the nonprofit organization of motor vehicle
or aircraft that resulted in the injury or
death.
(B) Application.--This paragraph shall apply--
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of the aircraft
or motor vehicle.
(b) Exceptions.--Subsection (a) shall not apply to an injury or
death that results from an act or omission of a business entity that
constitutes gross negligence or intentional misconduct.
(c) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(d), this section preempts the laws of any State to the extent
that such laws are inconsistent with this section, except that
this section shall not preempt any State law that provides
additional protection for a business entity for an injury or
death described in a paragraph of subsection (a) with respect
to which the conditions specified in such paragraph apply.
(2) Limitation.--Nothing in this section shall be construed
to supersede any Federal or State health or safety law.
(d) Election of State Regarding Nonapplicability.--A provision of
this section shall not apply to any civil action in a State court
against a business entity in which all parties are citizens of the
State if such State enacts a statute--
(1) citing the authority of this section;
(2) declaring the election of such State that such
provision shall not apply to such civil action in the State;
and
(3) containing no other provisions.
(e) Effective Date.--This section shall apply to liability for
injury or death caused by equipment donated, facilities used, or
aircraft or motor vehicles loaned on or after the date of the enactment
of this Act.
SEC. 4. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE
DONATION OF FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES.
(a) Liability Protection.--A person who donates fire control or
fire rescue equipment to a volunteer fire company shall not be liable
for civil damages under any State or Federal law for personal injuries,
property damage or loss, or death caused by the equipment after the
donation.
(b) Exceptions.--Subsection (a) does not apply to a person if--
(1) the person's act or omission causing the injury,
damage, loss, or death constitutes gross negligence or
intentional misconduct; or
(2) the person is the manufacturer of the fire control or
fire rescue equipment.
(c) Preemption.--This section preempts the laws of any State to the
extent that such laws are inconsistent with this section, except that
notwithstanding subsection (b) this section shall not preempt any State
law that provides additional protection from liability for a person who
donates fire control or fire rescue equipment to a volunteer fire
company.
(d) Effective Date.--This section shall apply to liability for
injury, damage, loss, or death caused by fire control or fire rescue
equipment donated on or after the date of the enactment of this Act.
SEC. 5. HEALTH CENTERS UNDER PUBLIC HEALTH SERVICE ACT; LIABILITY
PROTECTIONS FOR VOLUNTEER PRACTITIONERS.
(a) Liability Protection.--Section 224 of the Public Health Service
Act (42 U.S.C. 233) is amended--
(1) in subsection (g)(1)(A)--
(A) in the first sentence, by striking ``or
employee'' and inserting ``employee, or (subject to
subsection (k)(4)) volunteer practitioner''; and
(B) in the second sentence, by inserting ``and
subsection (k)(4)'' after ``subject to paragraph (5)'';
and
(2) in each of subsections (g), (i), (j), (k), (l), and
(m), by striking ``employee, or contractor'' each place such
term appears and inserting ``employee, volunteer practitioner,
or contractor''.
(b) Applicability; Definition.--Section 224(k) of the Public Health
Service Act (42 U.S.C. 233(k)) is amended by adding at the end the
following paragraph:
``(4)(A) Subsections (g) through (m) apply with respect to
volunteer practitioners beginning with the first fiscal year for which
an appropriations Act provides that amounts in the fund under paragraph
(2) are available with respect to such practitioners.
``(B) For purposes of subsections (g) through (m), the term
`volunteer practitioner' means a practitioner who, with respect to an
entity described in subsection (g)(4), meets the following conditions:
``(i) The practitioner is a licensed physician or a
licensed clinical psychologist.
``(ii) At the request of such entity, the practitioner
provides services to patients of the entity, at a site at which
the entity operates or at a site designated by the entity. The
weekly number of hours of services provided to the patients by
the practitioner is not a factor with respect to meeting
conditions under this subparagraph.
``(iii) The practitioner does not for the provision of such
services receive any compensation from such patients, from the
entity, or from third-party payors (including reimbursement
under any insurance policy or health plan, or under any Federal
or State health benefits program).''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Expanding Charitable and Volunteer Opportunities Act - Protects a business entity from federal or state civil liability for any injury or death resulting from the use of certain equipment donated by such entity to a tax-exempt charitable organization or from the operation of an aircraft or motor vehicle loaned to such charitable organization, unless such business entity is guilty of gross negligence or intentional misconduct.
Protects a governmental or other entity from federal or state civil liability for personal injuries, property damage or loss, or death caused by fire control or fire rescue equipment which such entity donates to a volunteer fire company, unless such entity is guilty of gross negligence or intentional misconduct.
Amends the Public Health Service Act to extend civil liability protections to certain medical practitioners (licensed physicians or clinical psychologists) who donate health care services to patients at health centers for medically underserved populations. | {"src": "billsum_train", "title": "A bill to reform liability for certain charitable contributions and services."} | 2,325 | 187 | 0.526469 | 1.329435 | 0.749223 | 3 | 13 | 0.888199 |
SECTION 1. FINDINGS AND DECLARATIONS.
The Congress finds and declares that--
(1) Crime, particularly crime involving drugs and guns, is
a pervasive, nationwide problem.
(2) Problems with crime at the local level are exacerbated
by the interstate movement of drugs, funds, and criminal gangs.
(3) Firearms and ammunition, and handguns in particular,
move easily in interstate commerce, as documented in numerous
hearings in both the Judiciary Committee of the House of
Representatives and Judiciary Committee of the Senate.
(4) In fact, even before the sale of a handgun, the gun,
its component parts, ammunition, and the raw materials from
which they are made have considerably moved in interstate
commerce.
(5) While criminals freely move from State to State,
ordinary citizens may fear to travel to or through certain
parts of the country due to the concern that violent crime is
not under control, and foreigners may decline to travel in the
United States for the same reason.
(6) Just as the hardened drug kingpins begin their life in
the illicit drug culture by exposure to drugs at a young age,
violent criminals often start their criminal careers on streets
where the ready availability of guns to young people results in
the acceptability of their random use.
(7) Violent crime and the use of illicit drugs go hand-in-
hand, and attempts to control one without controlling the other
may be fruitless.
(8) Individual States and localities find it impossible to
handle the problem by themselves; even States and localities
that have made a strong effort to prevent, detect, and punish
crime find their effort unavailing due in part to the failure
or inability of other States and localities to take strong
measures.
(9) Inasmuch as illicit drug activity and related violent
crime overflow State lines and national boundaries, the
Congress has power, under the interstate commerce clause and
other provisions of the Constitution, to enact measures to
combat these problems.
(10) The Congress finds that it is necessary and
appropriate to assist the States in controlling crime by
stopping the commerce in handguns with juveniles nationwide,
and allowing the possession of handguns by juveniles only when
handguns are possessed and used for legitimate purposes under
appropriate conditions.
SEC. 2. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AMMUNITION BY, OR
THE PRIVATE TRANSFER OF A HANDGUN OR AMMUNITION TO, A
JUVENILE.
(a) Definition.--Section 921(a) of title 18, United States Code, is
amended by adding at the end the following new paragraph:
``(29) The term `handgun' means--
``(A) a firearm that has a short stock and is designed to
be held and fired by the use of a single hand; and
``(B) any combination of parts from which a firearm
described in subparagraph (A) can be assembled.''.
(b) Offense.--Section 922 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(s)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a juvenile, or to a person who the transferor
knows or has reasonable cause to believe is a juvenile--
``(A) a handgun; or
``(B) ammunition that is suitable for use only in a
handgun.
``(2) It shall be unlawful for any person who is a juvenile to
knowingly possess--
``(A) a handgun; or
``(B) ammunition that is suitable for use only in a
handgun.
``(3) This subsection does not apply--
``(A) to a temporary transfer of a handgun or ammunition to
a juvenile, or to the possession or use of a handgun or
ammunition by a juvenile, if the handgun and ammunition are
possessed and used by the juvenile--
``(i) in the course of employment, in the course of
ranching or farming related to activities at the
residence of the juvenile (or on property used for
ranching or farming at which the juvenile, with the
permission of the property owner or lessee, is
performing activities related to the operation of the
farm or ranch), target practice, hunting, or a course
of instruction in the safe and lawful use of a handgun;
``(ii) with the prior written consent of the
juvenile's parent or guardian who is not prohibited by
Federal, State, or local law from possessing a firearm;
``(iii) with the prior written consent in the
juvenile's possession at all times when a handgun is in
the possession of the juvenile; and
``(iv) in accordance with State and local law;
``(B) during transportation by the juvenile of an unloaded
handgun in a locked container directly from the place of
transfer to a place at which an activity described in
subparagraph (A)(i) is to take place, and transportation by the
juvenile of that handgun, unloaded and in a locked container,
directly from the place at which such an activity took place to
the transferor;
``(C) to a juvenile who is a member of the Armed Forces of
the United States or the National Guard who possesses or is
armed with a handgun in the line duty;
``(D) to a transfer by inheritance of title (but not
possession) of a handgun or ammunition to a juvenile; or
``(E) to the possession of a handgun or ammunition by a
juvenile taken in defense of the juvenile or other persons
against an intruder into the residence of the juvenile or a
residence in which the juvenile is an invited guest.
``(4) A handgun or ammunition, the possession of which is
transferred to a juvenile in circumstances in which the transferor is
not in violation of this subsection shall not be subject to permanent
confiscation by the Government if its possession by the juvenile
subsequently becomes unlawful because of the conduct of the juvenile,
but shall be returned to the lawful owner when such handgun or
ammunition is no longer required by the Government for the purposes of
investigation or prosecution.
``(5) For purposes of this subsection, the term `juvenile' means a
person who is less than 18 years of age.
``(6)(A) In a prosecution of a violation of this subsection, the
court shall require the presence of a juvenile defendant's parent or
legal guardian at all proceedings.
``(B) The court may use the contempt power to enforce subparagraph
(A).
``(C) The court may excuse attendance of a parent or legal guardian
of a juvenile defendant at a proceeding in a prosecution of a violation
of this subsection for good cause shown.''.
(c) Penalties.--Section 924(a) of title 18, United State Code, is
amended--
(1) in paragraph (1) by striking ``paragraph (2) or (3)
of''; and
(2) by adding at the end the following new paragraph:
``(5)(A)(i) A juvenile who violates section 922(s) shall be fined
under this title, imprisoned not more than 1 year, or both, except that
a juvenile described in clause (ii) shall be sentenced to probation on
appropriate conditions and shall not be incarcerated unless the
juvenile fails to comply with a condition of probation.
``(ii) A juvenile is described in this clause if--
``(I) the offense of which the juvenile is charged is
possession of a handgun or ammunition in violation of section
922(s)(2); and
``(II) the juvenile has not been convicted in any court of
an offense (including an offense under section 922(s) or a
similar State law, but not including any other offense
consisting of conduct that if engaged in by an adult would not
constitute an offense) or adjudicated as a juvenile delinquent
for conduct that if engaged in by an adult would constitute an
offense.
``(B) A person other than a juvenile who knowingly violates section
922(s)--
``(i) shall be fined under this title, imprisoned not more
than 1 year, or both; and
``(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition to a juvenile knowing or
having reasonable cause to know that the juvenile intended to
carry or otherwise possess or discharge or otherwise use the
handgun or ammunition in the commission of a crime of violence,
shall be fined under this title, imprisoned not more than 10
years, or both.''.
(d) Technical Amendment of Juvenile Delinquency Provisions in Title
18, United States Code.--
(1) Section 5031.--Section 5031 of title 18, United States
Code, is amended by inserting ``or a violation by such person
of section 922(s)'' before the period at the end.
(2) Section 5032.--Section 5032 of title 18, United States
Code, is amended--
(A) in the first undesignated paragraph by
inserting ``or(s)'' after ``922(p)''; and
(B) in the fourth undesignated paragraph by
inserting ``or section 922(s) of this title,'' before
``criminal prosecution on the basis''.
(e) Technical Amendment of the Juvenile Justice and Delinquency
Prevention Act of 1974.--Section 223(a)(12)(A) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is
amended by striking ``which do not constitute violations of valid court
orders'' and inserting ``(other than an offense that constitutes a
violation of a valid court order or a violation of section 922(s) of
title 18, United States Code, or a similar State law)''.
(f) Model Law.--The Attorney General, acting through the Director
of the National Institute for Juvenile Justice and Delinquency
Prevention, shall--
(1) evaluate existing and proposed juvenile handgun
legislation in each State;
(2) develop model juvenile handgun legislation that is
constitutional and enforceable;
(3) prepare and disseminate to State authorities the
findings made as the result of the evaluation; and
(4) report to Congress by December 31, 1994, findings and
recommendations concerning the need or appropriateness of
further action by the Federal Government.
Passed the House of Representatives November 20, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Amends the Federal criminal code to prohibit: (1) the sale, delivery, or transfer to a juvenile, or to a person who the transferor knows or has reasonable cause to believe is a juvenile, of a handgun or ammunition that is suitable for use only in a handgun; and (2) the possession by a juvenile of a handgun or such ammunition. Makes exceptions with respect to: (1) certain temporary transfers of a handgun or ammunition to a juvenile, or to possession or use of a handgun or ammunition by a juvenile, if the handgun and ammunition are possessed and used by the juvenile in the course of employment or ranching or farming related to activities at the juvenile's residence, target practice, hunting, or a course of instruction in the safe and lawful use of a handgun, with the prior written consent of the juvenile's parent or guardian, subject to specified requirements, and in accordance with State and local law; (2) transportation by the juvenile of an unloaded handgun in a locked container, under specified circumstances; (3) a juvenile who is a member of the U.S. armed forces or the National Guard who possesses or is armed with a handgun in the line of duty; (4) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or (5) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest. Directs the court to require the presence of a juvenile defendant's parent or legal guardian at all proceedings for violations of this Act, except for good cause shown. Sets: (1) limits on the permanent confiscation by the Government of a handgun or ammunition from a juvenile; and (2) penalties for violations of this Act. Directs the Attorney General to: (1) evaluate existing and proposed juvenile handgun legislation in each State; (2) develop model juvenile handgun legislation that is constitutional and enforceable; (3) prepare and disseminate to State authorities the findings made as the result of the evaluation; and (4) report to the Congress regarding the need or appropriateness of further Government action. | {"src": "billsum_train", "title": "Youth Handgun Safety Act of 1993"} | 2,372 | 491 | 0.548313 | 1.774248 | 0.708378 | 6.240363 | 4.873016 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Initiative on Surface
Transportation and the Environment Act''.
SEC. 2. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
(a) Eligible Projects.--Section 149(b) of title 23, United States
Code, is amended--
(1) by inserting after ``nonattainment area'' the first
place it appears ``(including an area subsequently redesignated
as an attainment area)''; and
(2) by inserting ``or thereafter'' after ``1994''.
(b) Priority for Projects With Long-Term Sustainable Air Quality
Benefits.--Section 149 of such title is amended by adding at the end
the following:
``(e) Priority for Projects With Long-Term Sustainable Air Quality
Benefits.--The Secretary, after consultation with the Administrator,
shall establish a system for ranking projects and programs that are
likely to have long-term sustainable air quality benefits, including
energy efficiency, and for providing priority funding under this
section for projects and programs that are ranked the highest under
such system.''.
(c) Authorization of Appropriations.--For the purposes of carrying
out the congestion mitigation and air quality improvement program under
title 23, United States Code, there is authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit Account)
$1,300,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002,
and 2003.
(d) Sense of Congress.--In order to provide the increased
authorization of appropriations under subsection (c), it is the sense
of Congress that the authorization of appropriations from the Highway
Trust Fund for the National Highway System and the surface
transportation program shall be reduced in the aggregate by
$400,000,000 for each of fiscal years 1998 through 2003.
SEC. 3. ASSESSMENT AND CLEANUP OF BROWNFIELD SITES.
(a) National Highway System.--Section 103(i) of title 23, United
States Code, is amended by adding at the end the following:
``(14) In accordance with all applicable Federal law and
regulations, participation in assessment and cleanup of
brownfield sites relating to projects funded under this title,
projects on the rights-of-way of facilities constructed on such
system under this title before, on, or after the date of the
enactment of this paragraph, and projects for development of a
brownfield site if such development will provide a substantive
and demonstrable benefit to transportation on such system,
including reduction of congestion, increased use of mass
transit, and improved access to a transportation facility.
Contributions toward these efforts may occur in advance of
project construction only if such efforts are consistent with
all applicable requirements of Federal law and regulations and
State transportation planning processes.''.
(b) Surface Transportation Program.--
(1) Eligible projects.--Section 133(b) of title 23, United
States Code, is amended by adding at the end the following:
``(12) In accordance with all applicable Federal law and
regulations, participation in assessment and cleanup of
brownfield sites relating to projects funded under this title,
projects on the rights-of-way of facilities constructed under
this title before, on, or after the date of the enactment of
this paragraph, and projects for development of a brownfield
site if such development will provide a substantive and
demonstrable benefit to motor vehicle transportation, including
reduction of congestion, increased use of mass transit, and
improved access to a transportation facility. Contributions
toward these efforts may occur in advance of project
construction only if such efforts are consistent with all
applicable requirements of Federal law and regulations and
State transportation planning processes.''.
(2) Funding for urbanized areas over 200,000 population.--
Section 133(d) of such title is amended--
(A) in paragraph (3)(A)--
(i) by striking ``62.5'' and inserting
``70''; and
(ii) by striking ``37.5'' and inserting
``30''; and
(B) in paragraph (3)(C) by striking ``62.5'' and
inserting ``70''.
(3) Definitions.--Section 133 of such title is further
amended by adding at the end the following:
``(g) Definitions.--In this section and section 103(i), the
following definitions apply:
``(1) Brownfield site.--The term `brownfield site' means a
parcel of land that contains or contained abandoned or
underused commercial, industrial, or public facility, the
expansion or redevelopment of which may be complicated by the
presence or potential presence of hazardous substances,
pollutants, or contaminants.
``(2) Facility.--The term `facility' has the meaning such
term has under section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
``(3) Hazardous substance.--The term `hazardous substance'
has the meaning such term has under such section 101.
``(4) Pollutant or contaminant.--The term `pollutant or
contaminant' has the meaning such term has under such section
101.''.
(c) Federal Transit Programs.--
(1) Block grants.--Section 5307(b) of title 49, United
States Code, is amended by adding at the end the following:
``(6) Assessment and cleanup of brownfield sites.--Amounts
under this section may also be made available for assessment
and cleanup of brownfield sites relating to projects funded
under this title, projects on the rights-of-way of facilities
constructed under this title before, on, or after the date of
the enactment of this paragraph, and projects for development
of a brownfield site if such development will provide a
substantive and demonstrable benefit to mass transportation,
including reduction of congestion, increased use of mass
transit, and improved access to a transportation facility. Such
assessments and cleanups shall be carried out in accordance
with all applicable Federal law and regulations.''.
(2) Discretionary grants and loans.--Section 5309(a) of
such title 49 is amended--
(A) by striking ``and'' at the end of subparagraph
(F);
(B) by striking the period at the end of
subparagraph (G) and inserting ``; and''; and
(C) by adding at the end the following:
``(H) in accordance with all applicable Federal law
and regulations, assessment and cleanup of brownfield
sites relating to projects funded under this title,
projects on the rights-of-way of facilities constructed
under this title before, on, or after the date of the
enactment of this subparagraph, and projects for
development of a brownfield site if such development
will provide a substantive and demonstrable benefit to
mass transportation, including reduction of congestion,
increased use of mass transit, and improved access to a
transportation facility.''.
(3) Financial assistance for other than urbanized areas.--
Section 5311(b)(1) of such title 49 is amended by inserting
before the period at the end of the first sentence the
following: ``and, in accordance with all applicable Federal law
and regulations, assessment and cleanup of brownfield sites
relating to projects funded under this section, projects on the
rights-of-way of facilities constructed under this section
before, on, or after the date of the enactment of the National
Initiative on Surface Transportation and the Environment Act,
and projects for development of a brownfield site if such
development will provide a substantive and demonstrable benefit
to mass transportation, including reduction of congestion,
increased use of mass transit, and improved access to a
transportation facility in such areas''.
(4) Definitions.--Section 5302(a) of such title 49 is
amended--
(A) by redesignating paragraphs (1) through (13) as
paragraphs (2) through (14), respectively; and
(B) by inserting before paragraph (2), as so
redesignated, the following:
``(1) Brownfield site.--The term `brownfield site' means a
parcel of land that contains or contained abandoned or
underused commercial, industrial, or public facility, the
expansion or redevelopment of which may be complicated by the
presence or potential presence of hazardous substances,
pollutants, or contaminants. In this paragraph, the terms
`facility', `hazardous substance', and `pollutant or
contaminant' have the meaning such terms have under section 101
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).''.
SEC. 4. WETLANDS RESTORATION PROGRAM.
(a) Establishment.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 162. Wetlands restoration program
``(a) Establishment.--The Secretary shall establish a wetlands
restoration program under which the Secretary may make grants to States
for projects to mitigate against losses of wetlands that have occurred
as a result of Federal-aid highway construction projects carried out
before the date of the enactment of this section.
``(b) Allocation of Funds.--The Secretary shall allocate funds made
available to carry out this section for a fiscal year among the States
in the ratio that the number of acres of wetlands lost by each State as
a result of Federal-aid highway construction projects in the preceding
fiscal year bears to the number of acres of wetlands lost by all States
as a result of such projects in such fiscal year; except that no State
may receive more than 5 percent of such funds.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) $16,666,000 per fiscal year for each of fiscal years 1998
through 2003 to carry out this section. Such sums shall remain
available until expended.''.
(b) Conforming Amendment.--The table of sections for such chapter
is amended by adding at the end the following:
``162. Wetlands restoration program.''.
SEC. 5. NONPOINT SOURCE POLLUTION.
(a) Use of STP Funds for Mitigation of Water Pollution.--Section
133(d) of title 23, United States Code, is amended by adding at the end
the following:
``(3) For mitigation of water pollution.--1 percent of the
funds apportioned to a State under section 104(b)(3) for a
fiscal year shall only be available for monitoring, mitigating,
and cleaning up water pollution due to highway runoff.''.
(b) Applied Research and Technology Program.--Section 307(e) of
such title is amended--
(1) by redesignating paragraphs (9) through (13) as
paragraphs (10) through (14), respectively; and
(2) by inserting after paragraph (8) the following:
``(9) Porous paving materials.--As part of the program
under this subsection, the Secretary shall carry out a program
to assess the benefits of using porous paving materials for
highways and parking lots as a method of mitigating water
pollution due to highway runoff.''.
SEC. 6. INCENTIVES FOR REDUCTIONS IN MOTOR VEHICLE EMISSIONS.
(a) In General.--Chapter 1 of title 23, United States Code, is
further amended by adding at the end the following:
``Sec. 163. Incentives for reductions in motor vehicle emissions
``(a) Grants to MPO's.--
``(1) Authority to make grants.--The Secretary may make
grants to up to 10 metropolitan planning organizations
designated under section 134 for implementing alternative
transportation strategies to achieve reductions in motor
vehicle emissions. Such strategies include coordinating land
uses with transportation systems, creating balanced commercial
and residential regions, promoting alternative fuel vehicles
and alternative transport strategies, designing local modeling
systems, and increasing full public participation.
``(2) Amount of grants.--Each grant made to a metropolitan
planning organization under this subsection in a fiscal year
shall be in an amount equal to one-tenth of the amount made
available to carry out this subsection in such fiscal year.
``(3) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$4,500,000 per fiscal year for each of fiscal years 1998
through 2003. Such sums shall remain available until expended.
``(b) Grants to States.--
``(1) Authority to make grants.--On or before December 31,
2003, the Secretary shall award a grant to each of the 10
States that the Secretary determines have achieved during the
period beginning on October 1, 1997, and ending on September
30, 2003, the greatest per capita reduction in fuel
consumption.
``(2) Use of grants.--A State may obligate amounts from
grants received under paragraph (1) for projects eligible for
funding under section 149.
``(3) Amount of grants.--Each grant made under this
subsection shall be in an amount equal to one-tenth of the
total amount made available to carry out this subsection.
``(4) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) for fiscal years 1997 through 2003
$500,000,000 in the aggregate to carry out this subsection.
Such sums shall remain available until expended.''.
(b) Conforming Amendment.--The table of sections for such chapter
is amended by adding at the end the following:
``163. Incentives for reductions in motor vehicle emissions.''. | National Initiative on Surface Transportation and the Environment Act - Amends Federal highway provisions to expand eligibility for projects under the congestion mitigation and air quality improvement program.
Directs the Secretary of Transportation to establish a system for ranking projects and programs that are likely to have long-term sustainable air quality benefits and for providing funding for projects and programs that are ranked the highest under such system.
Authorizes appropriations.
Expresses the sense of the Congress that the authorization of appropriations from the Highway Trust Fund for the National Highway System and the surface transportation program (STP) shall be reduced in the aggregate by $400 million for each of FY 1998 through 2003.
(Sec. 3) Requires that participation in assessment and cleanup of brownfield sites relating to specified projects provide a substantive and demonstrable benefit to transportation on such system, including reduction of congestion, increased use of mass transit, and improved access to a transportation facility. Permits contributions toward such efforts to occur in advance of project construction only if such efforts are consistent with Federal requirements and State transportation planning processes.
Increases the percentage of funds apportioned to a State for the STP that must be obligated to urbanized areas with population of over 200,000 and other areas of the State in proportion to their relative share of the State's population.
Makes Federal transit block grants, discretionary grants and loans, and financial assistance for other than urban areas available for assessment and cleanup of brownfield sites relating to specified projects if such development will provide a substantive and demonstrable benefit to mass transportation.
(Sec. 4) Directs the Secretary to establish a wetlands restoration program under which the Secretary may make grants to States for projects to mitigate losses of wetlands that have occurred as a result of Federal-aid highway construction projects. Authorizes appropriations.
(Sec. 5) Makes one percent of STP funds apportioned to a State for a fiscal year available for monitoring, mitigating, and cleaning up water pollution due to highway runoff. Directs the Secretary to carry out a program to assess the benefits of using porous paving materials for highways and parking lots as a method of mitigating such pollution.
(Sec. 6) Authorizes the Secretary to make grants to up to ten metropolitan planning organizations designated for implementing alternative transportation strategies to achieve reductions in motor vehicle emissions. Authorizes appropriations.
Directs the Secretary, on or before December 31, 2003, to award a grant to each of the ten States that the Secretary determines have achieved the greatest per capita reduction in fuel consumption between October 1, 1997, and September 30, 2003. Authorizes appropriations. | {"src": "billsum_train", "title": "National Initiative on Surface Transportation and the Environment Act"} | 3,044 | 579 | 0.68402 | 2.178363 | 0.67629 | 4.911824 | 5.476954 | 0.911824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Partnership Reward Act of
1994''.
TITLE I--REFUNDABLE INCOME TAX CREDIT FOR NONDEFERRED DISTRIBUTIONS
FROM PERFORMANCE-BASED REWARD PLANS.
SEC. 101. REFUNDABLE INCOME TAX CREDIT FOR NONDEFERRED DISTRIBUTIONS
FROM PERFORMANCE-BASED REWARD PLANS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. NONDEFERRED DISTRIBUTIONS FROM PERFORMANCE-BASED REWARD
PLANS.
``(a) General Rule.--In the case of an eligible employee, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to 10 percent of the value of the
rewards received by such employee from a qualified performance-based
reward plan for any plan year ending with or within such taxable year.
The preceding sentence shall not apply to any reward with respect to a
plan year which is made more than 2 months following the close of such
plan year.
``(b) Limitations on Amount of Credit.--
``(1) Maximum credit.--The credit allowed by subsection (a)
for the taxable year shall not exceed $500 with respect to each
eligible employee.
``(2) Minimum credit.--The credit allowed by subsection (a)
for the taxable year shall not be less than $100.
``(3) Cost-of-living adjustment.--In the case of any
calendar year after 1994, each dollar amount in paragraph (1)
or (2) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by
substituting `1993' for `1992' in subparagraph (B)
thereof.
If any increase under the preceding sentence is not a multiple
of $50, such increase shall be rounded to the nearest multiple
of $50.
``(c) Eligible Employee.--For purposes of this section, the term
`eligible employee' means any employee of an employer who is a
participant in a qualified performance-based reward plan of such
employer. Such term shall not include any highly compensated employee
(within the meaning of section 414(q)) and shall not include any
employee engaged in sales.
``(d) Qualified Performance-Based Reward Plan.--For purposes of
this section, the term `qualified performance-based reward plan' means
a written plan maintained by an employer--
``(1) the principal purpose of which is to improve the
performance of the organization and reward employees as a
function of that improvement, and
``(2) which meets--
``(A) the determination requirements of subsection
(e),
``(B) the allocation requirements of subsection
(f),
``(C) the distribution requirements of subsection
(g),
``(D) the nondiscrimination requirements of
subsection (h), and
``(E) the plan approval requirements of subsection
(i).
``(e) Determination Requirements.--A plan meets the requirements of
this subsection if the amount to be distributed under the plan for any
year is determined in accordance with a fixed formula set forth in the
plan which is based on a measurable and auditable indicator of the
employer's performance or, at the election of the employer, of the
organizational unit in which the employees covered by the plan perform
services.
``(f) Allocation Requirements.--
``(1) In general.--A plan meets the requirements of this
subsection if, under the plan, amounts are distributed to
employees of the employer maintaining the plan only in
accordance with a fixed formula set forth in the plan.
``(2) Change in formula.--For purposes of paragraph (1), a
formula shall be treated as a fixed formula only if under the
plan any change in the formula may not take effect until the
plan year following the plan year in which the change is
adopted by the plan.
``(g) Distribution Requirements.--
``(1) In general.--A plan meets the requirements of this
subsection if the plan requires that, for each year, the total
value of rewards made under the plan to nonhighly compensated
employees is not less than the lesser of--
``(A) 2 percent of the total wages paid to such
employees during such year by the employer maintaining
such plan, or
``(B) the amount which, when added to the total
rewards made under the plan to such employees during
the 2 preceding years, is equal to 2 percent of the sum
of the total wages paid to such employees by such
employer during such year and such 2 preceding years.
``(2) Wages.--For purposes of paragraph (1), the term
`wages' has the meaning given such term by section 3306(b),
except that--
``(A) any dollar limitation in such section shall
be disregarded, and
``(B) rewards from a qualified performance-based
reward plan shall not be taken into account.
``(h) Antidiscrimination Requirements.--
``(1) In general.--A plan meets the requirements of this
subsection if the plan benefits such employees as qualify under
a classification set up by the employer and found by the
Secretary not to be discriminatory in favor of highly
compensated employees (within the meaning of section 414(q)).
``(2) Excluded employees.--In determining whether the
requirements of paragraph (1) are met, there shall be excluded
from consideration employees described in section 414(q)(8).
``(3) Benefits may bear uniform relationship to
compensation.--A plan shall not be considered discriminatory
merely because the benefits under the plan bear a uniform
relationship to the compensation (within the meaning of section
414(s)) of the employees.
``(i) Plan Approval Requirements.--A plan meets the requirements of
this subsection if the plan--
``(1) is submitted to the Secretary in such form and manner
as the Secretary may provide, and
``(2) is approved by the Secretary.
``(j) Special Rule and Definition.--For purposes of this
subsection--
``(1) Plans which are part of deferred plan.--A plan shall
not be treated as failing to be a qualified performance-based
reward plan merely because such plan includes a qualified cash
or deferred arrangement (as defined in section 401(k)(2)).
``(2) Self-employed individuals.--The term `employee' does
not include an individual who is an employee (within the
meaning of section 401(c)(1)).
``(k) Employee Rights.--For purposes of section 502 of Employee
Retirement Income Security Act of 1974, a qualified performance-based
reward plan shall be treated as a welfare benefit plan.''
(b) Conforming Amendment.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``or
from section 35 of such Code''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 35 and inserting the following new
items:
``Sec. 35. Nondeferred distributions from
performance-based reward plans.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 102. ADDITIONAL DEDUCTION TO EMPLOYERS FOR PERFORMANCE-BASED
REWARDS.
(a) In General.--Section 162 of the Internal Revenue Code of 1986
is amended by redesignating subsection (o) as subsection (p) and by
inserting after subsection (n) the following new subsection:
``(o) Performance-Based Rewards.--In addition to the deduction
otherwise allowed under this chapter for rewards under a performance-
based reward plan (as defined in section 35(c)), there shall be allowed
an additional deduction equal to 10 percent of the amount allowed as a
deduction under this chapter (other than this subsection) for the
taxable year for such awards.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 103. STUDY OF EFFECT OF CREDIT.
The Secretary of the Treasury, in consultation with the Secretary
of Commerce and the Secretary of Labor, shall--
(1) conduct a study of the effect of the credit under
section 35 of the Internal Revenue Code of 1986 (as added by
this Act) in stimulating productivity and full employment, and
(2) report the results of such study to the Congress no
later than January 1, 2002.
SEC. 104. COLLECTION OF STATISTICS.
(a) Performance-Based Reward Plans.--The Secretary of Labor and the
Director of the Federal Mediation and Conciliation Service each shall--
(1) collect statistics on the extent of performance-based
reward plans in the United States; and
(2) prepare studies which describe the nature and terms of
these performance-based reward plans.
Such studies shall differentiate between various types of such plans
and between plans which do and do not have fixed formulas for
determining amounts payable to employees.
(b) Profit-Sharing and Employee Stock Ownership Plans.--The
Director of the Office of Management and Budget shall publish annually
estimates of the annual tax expenditures for deferred profit-sharing
plans and employee stock ownership plans.
TITLE II--ESTABLISHMENT OF PROGRAM TO PROMOTE PERFORMANCE-BASED REWARD
PLANS AND EMPLOYEE DECISIONMAKING PARTICIPATION PROGRAMS
SEC. 201. EMPLOYEE PARTNERSHIP PILOT PROGRAM.
(a) Establishment.--The Administrator, in consultation with the
Secretary of Labor, shall establish and carry out an Employee
Partnership Pilot Program (in this section referred to as the
``program'') in accordance with the requirements of this section.
(b) Grant Awards.--Under the program, the Administrator shall make
grants to not to exceed 5 eligible entities for the purpose of
promoting implementation of performance-based reward plans and employee
decisionmaking participation programs.
(c) Selection of Grant Recipients.--The Administrator shall select
eligible entities to receive grants under the program on the basis of
competitive, merit-based criteria to be established by the
Administrator, in consultation with the Secretary of Labor. Such
criteria, at a minimum, shall provide for consideration of the
following:
(1) The ability of an applicant to carry out the purposes
of the program.
(2) The ability of an applicant to integrate implementation
of the program with existing Federal and State business
assistance resources.
(3) The ability of an applicant to continue to carry out
the purposes of the program after termination of the program.
(d) Use of Grant Amounts.--Amounts from grants received under the
program shall be used for activities which promote the purposes of the
program, including the following:
(1) The collection and dissemination of information
regarding successful implementation of performance-based reward
plans and employee decisionmaking participation programs.
(2) The development of best practices guidelines concerning
performance-based reward plans and employee decisionmaking
participation programs.
(3) The provision of technical assistance and training to
aid firms in designing and implementing performance-based
reward plans and employee decisionmaking participation
programs.
(4) Proactive education and outreach to key groups such as
business owners, unions, managers, trade associations, and
community associations to inform such groups about the benefits
of performance-based reward plans and employee decisionmaking
participation programs.
(e) Non-Federal Share.--In order to be eligible for a grant under
the program, an eligible entity shall agree to provide from non-Federal
sources for activities described in subsection (d) an amount at least
equal to the amount of the grant.
(f) Term of Program.--The program shall terminate on the last day
of the 5th fiscal year beginning after the date of the enactment of
this Act.
(g) Report.--The Administrator shall transmit to Congress a report
containing an evaluation of the program, together with recommendations
for appropriate legislative and administrative actions.
(h) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Eligible entity.--The term ``eligible entity'' means an
educational institution, a non-profit organization, or a unit
of State or local government. | TABLE OF CONTENTS:
Title I: Refundable Income Tax Credit for Nondeferred
Distributions from Performance-Based Reward Plans
Title II: Establishment of Program to Promote
Performance-Based Reward Plans and Employee
Decisionmaking Participation Programs
Employee Partnership Reward Act of 1994 -
Title I: Refundable Income Tax Credit for Nondeferred Distributions from Performance-Based Reward Plans
- Amends the Internal Revenue Code to allow eligible employees a refundable income tax credit for nondeferred distributions from performance-based reward plans.
Allows employers an additional deduction for performance-based rewards.
Directs the Secretary of the Treasury to study and report to the Congress on the effect of such credit in stimulating productivity and full employment.
Directs the Secretary of Labor and the Director of the Federal Mediation and Conciliation Service each to: (1) collect statistics on the extent of performance-based reward plans in the United States; and (2) prepare studies describing the nature and terms of these plans.
Requires the Director of the Office of Management and Budget to publish annual estimates of annual tax expenditures for deferred profit-sharing plans and employee stock ownership plans.
Title II: Establishment of Program to Promote Performance-Based Reward Plans and Employee Decisionmaking Participation Programs
- Directs the Administrator of the Small Business Administration to establish and carry out an Employee Partnership Pilot Program.
Directs the Administrator to make five-year program grants to up to five eligible entities to promote implementation of performance-based reward plans and employee decisionmaking participation programs. Requires a matching non-Federal share. | {"src": "billsum_train", "title": "Employee Partnership Reward Act of 1994"} | 2,903 | 341 | 0.591021 | 1.699266 | 0.693617 | 4.705298 | 8.645695 | 0.917219 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uranium Enrichment Decontamination
and Decommissioning Fund Reauthorization Act of 2009''.
SEC. 2. REAUTHORIZATION OF URANIUM ENRICHMENT DECONTAMINATION AND
DECOMMISSIONING FUND.
(a) Amounts in Fund.--Section 1802 of the Atomic Energy Act of 1954
(42 U.S.C. 2297g-1) is amended--
(1) in subsection (a)--
(A) by striking ``$518,233,333'' and inserting
``$790,000,000''; and
(B) by striking ``the Energy Policy Act of 1992''
and inserting ``the Uranium Enrichment Decontamination
and Decommissioning Fund Reauthorization Act of 2009'';
(2) in subsection (c), by inserting after ``adjusted for
inflation'' the following: ``beginning 1 year after the date of
enactment of the Energy Policy Act of 1992'';
(3) in subsection (d), by striking ``15 years after the
date of the enactment of this title'' and inserting ``12 years
after the date of enactment of the Uranium Enrichment
Decontamination and Decommissioning Fund Reauthorization Act of
2009''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``15 years after
the date of the enactment of this title'' and inserting
``12 years after the date of enactment of the Uranium
Enrichment Decontamination and Decommissioning Fund
Reauthorization Act of 2009''; and
(B) in paragraph (2), by striking ``under such
subsection'' and inserting ``during the 12-year period
beginning on the date of enactment of the Uranium
Enrichment Decontamination and Decommissioning Fund
Reauthorization Act of 2009''.
(b) Reports.--Section 1805 of the Atomic Energy Act of 1954 (42
U.S.C. 2297g-4) is amended--
(1) in the first sentence, by striking ``the date of the
enactment of this title'' and inserting ``the date of enactment
of the Uranium Enrichment Decontamination and Decommissioning
Fund Reauthorization Act of 2009''; and
(2) in the second sentence, by striking ``5th report
submitted under this section'' and inserting ``third report
submitted after the date of enactment of the Uranium Enrichment
Decontamination and Decommissioning Fund Reauthorization Act of
2009''.
SEC. 3. RE-ENRICHMENT PLAN.
(a) Plan.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Energy (referred to in this section as the
``Secretary'') shall develop, complete, and publish in the Federal
Register, a plan to re-enrich and sell certain cylinders of uranium
tailings.
(b) Contents.--The plan under subsection (a) shall provide for the
following:
(1) Re-enrichment requirement.--
(A) Requirement.--The Secretary shall seek to enter
into a contract with the operator of the Department of
Energy's uranium enrichment facility in Paducah,
Kentucky, for the re-enrichment of cylinders of uranium
tailings, with an assay of such value as the Secretary
finds economically suitable, located at Government-
owned uranium enrichment sites in Paducah, Kentucky,
and Portsmouth, Ohio.
(B) Amount.--A contract under subparagraph (A)
shall provide for re-enrichment at the Paducah facility
of 50 percent of the materials in the cylinders
described in subparagraph (A).
(C) Schedule.--A contract under subparagraph (A)
shall provide for re-enrichment to begin not later than
90 days after the date of the publication in the
Federal Register of the plan under this section.
(D) Suspension or cancellation.--The Secretary may
suspend or cancel a contract under subparagraph (A) for
re-enrichment, in accordance with the Federal
Acquisition Regulation, if the Secretary determines--
(i) the operator of the Paducah facility
has not fulfilled obligations regarding such
re-enrichment under the contract; or
(ii) economic considerations are not
conducive to carry out the contract at that
time.
(2) Sale of product of re-enrichment.--The Secretary shall
sell or contract for the sale of the product of re-enrichment
carried out pursuant to paragraph (1).
(3) Sale of remaining uranium tailings.--
(A) In general.--The Secretary shall sell 50
percent of the materials in the cylinders described in
subparagraph (A) of paragraph (1) to qualified buyers.
(B) Qualified buyer.--For purposes of this
paragraph, the term ``qualified buyer'' means any
entity licensed, under the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.), to possess materials in the
cylinders described in subparagraph (A) of paragraph
(1).
(C) Preference.--In selling the materials in the
cylinders described in subparagraph (A) of paragraph
(1), the Secretary shall give preference to qualified
buyers committed (as determined by the Secretary) to
re-enrichment of such materials in the United States.
(D) Additional contract for material not sold.--The
Secretary shall seek to enter into a contract with the
operator of the Department of Energy's uranium
enrichment facility in Paducah, Kentucky, for the re-
enrichment of any materials in the cylinders described
in subparagraph (A) of paragraph (1) not sold pursuant
to subparagraph (A) of this paragraph.
(4) Unable to contract.--If the Secretary does not enter
into a contract under subparagraph (A) of paragraph (1) within
270 days after the date of enactment of this Act, the Secretary
may do either or both of the following:
(A) Defer negotiation of such a contract until not
later than the last day of calendar year 2014.
(B) Sell the amount of the materials in the
cylinders described in subparagraph (B) of paragraph
(1) under terms consistent with the plan under this
section. | Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009 - Amends the Atomic Energy Act of 1954 to reauthorize, and increase the maximum mandatory amounts in, the Uranium Enrichment Decontamination and Decommisioning Fund.
Requires the Secretary of Energy to develop, complete, and publish in the Federal Register a plan to re-enrich and sell certain cylinders of uranium tailings. | {"src": "billsum_train", "title": "A bill to reauthorize the Uranium Enrichment Decontamination and Decommissioning Fund and to direct the Secretary of Energy to provide a plan for the re-enrichment of certain uranium tailings."} | 1,474 | 110 | 0.616597 | 1.425542 | 0.197431 | 5.426471 | 17.558824 | 0.897059 |
TITLE I--FEDERAL TORT CLAIMS AMENDMENTS
SEC. 101. REMEDY FOR UNLAWFUL HUMAN EXPERIMENTATION.
Chapter 171 of title 28, United States Code, is amended by
inserting after section 2680 the following:
``Sec. 2681. Human Experimentation
``Section 2680 shall not apply to--
``(1) any claim arising out of conduct or research
involving a human being as an experimental subject without the
informed consent of the subject or a legal representative of
the subject; or
``(2) any claim arising out of the subjection of a human
being to any experimental chemical, radiological, or biological
agent, drug, or other test article without the informed consent
of the human subject or a legal representative of the subject.
``Sec. 2682. Nuclear Weapons Facility Operations.
``Section 2680 shall not apply to any claim arising out of
operations of any federally owned nuclear weapons facility involved in
the production of nuclear weapons under the authority of the Secretary
of Energy or any predecessor which had such authority.''.
SEC. 102. CONFORMING AMENDMENT.
The table of contents for such chapter 171 is amended by adding
after the item relating to section 2680 the following:
``2681. Human experimentation.
``2682. Nuclear weapons facility operations.''.
TITLE II--CONSTITUTIONAL AND HUMAN RIGHTS VIOLATIONS
SEC. 201. JURISDICTION OF DISTRICT COURTS.
Section 1346(b) of title 28, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by adding at the end thereof the following new
paragraph:
``(2) Subject to the provisions of chapter 172, the district courts
shall have exclusive jurisdiction of civil actions on claims for money
damages based on constitutional torts.''.
SEC. 202. CONSTITUTIONAL TORTS PROCEDURE.
Title 28 of the United States Code is amended by inserting after
chapter 171 the following new chapter:
``CHAPTER 172--CONSTITUTIONAL TORTS
``Sec. 2691. Definitions
``As used in this chapter and sections 1346(b)(2) and 2401(b)(2)--
``(1) the term `Federal agency' includes any executive
department, military department, independent establishment of
the United States, any person or entity acting as an
instrumentality or agent of the United States, any contractor
with the United States, any other establishment of the United
States (including the Executive Office of the President), and
any party acting in concert with the United States;
``(2) the term `employee of the Government' includes
officers and employees in the executive branch of the Federal
Government, members of the military or naval forces of the
United States, members of the National Guard while engaged in
training or duty under section 316, 502, 503, 504, or 505 of
title 32, and any person acting on behalf of or in concert with
a Federal agency, temporarily or permanently in the service of
the United States, whether with or without compensation, and
whose acts or omissions are done with the knowledge or consent
of the United States; and
``(3) the term `constitutional tort' means a violation of
the Constitution of the United States or violation of human
rights resulting from or caused by the act or omission of a
Federal agency or an employee of the Government while acting
within the scope of the employee's office, employment, or
apparent authority, or which results from the negligent
supervision of an employee of the Government.
``Sec. 2692. Administrative adjustment of claims
``(a) The head of each Federal agency may, in accordance with
regulations prescribed by the Attorney General, compromise and settle
any claim for money damages based on a constitutional tort, except that
any award, compromise, or settlement in excess of $25,000 shall be
effected only with the prior written approval of the Attorney General.
``(b) Any award, compromise, settlement, or determination made
under this section shall be final and conclusive on the United States,
except when procured by means of fraud.
``(c) Payment of any award, compromise, or settlement made under
this section or made by the Attorney General in any amount under
section 2697 shall be paid in a manner similar to judgments and
compromises in like causes. Appropriations or funds available for the
payment of such judgments and compromises shall be available for the
payment of awards, compromises, or settlements under this chapter.
``(d) The acceptance by a claimant of any award, compromise, or
settlement made under this section or section 2697 shall be final and
conclusive on the claimant, and shall constitute a complete release of
any claim against the United States and against the employee of the
Government whose act or omission gave rise to the claim, by reason of
the same subject matter.
``Sec. 2693. Liability of the United States
``(a) The United States shall be liable for compensatory damages
for any constitutional tort, but shall not be liable for interest prior
to judgment or for punitive damages except as herein provided. With
respect to any claim for money damages based on a constitutional tort,
the United States shall be liable for an amount not greater than
either--
(1) actual damages, or
(2) nominal damages in an amount which is the greater of--
(A) $25,000, or
(B) in the case of a continuing violation, $500 per
day for each violation.
If the conduct giving rise to the constitutional tort claim was
undertaken willfully or recklessly, the court shall award, in addition,
exemplary damages as are just and reasonable under the circumstances,
as determined by the trier of fact.
``(b) A class action in conformity with the requirements of the
Federal Rules of Civil Procedure may be instituted on a constitutional
tort claim if it satisfies the provisions of rule 23 thereof, and shall
be maintained where certified by the court before which the action is
filed.
``Sec. 2694. Disposition by Federal agency as prerequisite; evidence
``(a) An action shall not be instituted upon a claim against the
United States for money damages based on a constitutional tort unless
the claimant shall have first presented the claim to the appropriate
Federal agency and that claim shall have been finally denied by the
agency in writing and sent to the claimant by certified or registered
mail. The failure of an agency to make final disposition of a claim
within 6 months after it is filed shall, at the option of the claimant
any time thereafter, be deemed a final denial of the claim for purposes
of this section. This subsection shall not apply to such claims as may
be asserted under the Federal Rules of Civil Procedure by third-party
complaint, cross-claim, or counterclaim.
``(b) Except as to a class action claim or if damages are not fully
ascertainable at the time of presentation pursuant to subsection (a),
an action under this section shall not be instituted for any sum in
excess of the amount of the claim presented to the Federal agency,
except where the increased amount is based upon newly discovered
evidence not reasonably discoverable at the time of presenting the
claim to the Federal agency or upon allegation and proof of intervening
facts, relating to the amount of the claim.
``Sec. 2695. Jury trial
``Any action brought pursuant to this chapter upon a claim for
money damages based on a constitutional tort shall, at the request of
any party to such action, be tried by the court with a jury.
``Sec. 2696. Judgment as bar
``The judgment in an action under section 1346(b)(2) shall
constitute a complete bar to any action by the claimant involved, by
reason of the same constitutional violation against the employee of the
Government whose act or omission gave rise to the claim, but shall not
act as a release on any claim for violation of any other law.
``Sec. 2697. Compromise
``The Attorney General may arbitrate, compromise, or settle any
claim cognizable under section 1346(b)(2), after the commencement of an
action on that claim.
``Sec. 2698. Attorney fees; penalty
``(a) Any claimant to whom a judgment is awarded under section
1346(b)(2), or to whom an award, compromise, or settlement is made
under section 2697 or 2692 shall, in addition to such judgment, award,
compromise, or settlement, be entitled to receive a reasonable
attorney's fee and other litigation costs reasonably incurred,
including attorney fees and costs attributable to processing an
administrative claim under section 2692. The amount of such attorney's
fee may not exceed 25 per cent of any judgment rendered under section
1346(b)(2) or any award, compromise, or settlement made under section
2697, except as otherwise approved by the court before whom the action
is filed, or 20 per cent of any award, compromise, or settlement made
under section 2692.
``(b) Any attorney who charges, demands, receives, or collects for
services rendered in connection with a judgment, award, compromise, or
settlement described in subsection (a) any amount in excess of that
allowed under subsection (a) shall, if recovery be had, be fined not
more than $2,000 or imprisoned not more than one year, or both.
``Sec. 2699. Exclusiveness of remedy
``(a) The authority of any Federal agency to sue and be sued in its
own name shall not be construed to authorize suits against such Federal
agency on constitutional tort claims arising under this chapter which
are cognizable under section 1346(b)(2), and the remedies provided by
this title in such case shall be exclusive.
``(b)(1) Upon filing a claim with the district court under section
1346(b)(2), the remedy against the United States provided by section
2693 for claims for money damages based on constitutional torts shall
be exclusive of any other Federal civil action or proceeding for money
damages by reason of the same subject matter against the employee whose
act or omission gave rise to the claim or against the estate of such
employee.
``(2) Paragraph (1) does not extend or apply to a civil action
against an employee of the Government--
``(A) which is brought against the employee for acting
outside the scope of the employee's office or employment in
violation of the Constitution of the United States, or
``(B) which is brought for a violation of a statute of the
United States or a statute of any State under which such action
against an individual is otherwise authorized.
``(c) The provisions of this chapter shall be limited to
constitutional tort claims against Federal agencies or employees of the
Government. Nothing in this chapter shall preclude or preempt suit
against any person or entity on any other claim, whether based on
international, Federal, State, or common law, and no provision of this
chapter shall act as a release, waiver, or bar to such claim.
``(d) Upon certification by the Attorney General pursuant to
subsection (e), the Attorney General shall defend any civil action or
proceeding brought in any court against any employee of the Government
or against the estate of such employee for money damages based on any
constitutional tort. The employee against whom such civil action or
proceeding is brought shall deliver within such time after date of
service or knowledge of service as determined by the Attorney General,
all process served upon the employee or an attested true copy thereof
to the employee's immediate superior or to whomever was designated by
the head of the employee's department to receive such papers and such
person shall promptly furnish copies of the pleadings and process
therein to the United States attorney for the district embracing the
place wherein the proceeding is brought, to the Attorney General, and
to the head of the employee's employing Federal agency.
``(e)(1) Upon certification by the Attorney General that the
defendant was acting within the scope of the defendant's office or
employment at the time of the incident out of which the claim arose,
any civil action or proceeding commenced upon such claim in a United
States district court shall be deemed an action against the United
States under the provisions of this title and all references thereto,
and the United States shall be substituted as the party defendant.
``(2) Upon certification by the Attorney General that the defendant
was acting within the scope of the defendant's office or employment at
the time of the incident out of which the claim arose, any civil action
or proceeding commenced upon such claim in a State court shall be
removed without bond at any time before trial by the Attorney General
to the district court of the United States for the district and
division embracing the place in which the action or proceeding is
pending. Such action or proceeding shall be deemed to be an action or
proceeding brought against the United States under the provisions of
this title and all references thereto, and the United States shall be
substituted as the party defendant. This certification of the Attorney
General shall conclusively establish scope of office or employment for
purposes of removal.
``(3) In the event that the Attorney General has refused to certify
scope of office or employment under this section, the employee may at
any time before trial, petition the court to find and certify that the
employee was acting within the scope of the employee's office or
employment. Upon such certification by the court, such action or
proceeding shall be deemed to be an action or proceeding brought
against the United States under the provisions of this title and all
references thereto, and the United States shall be substituted as the
party defendant. A copy of the petition shall be served upon the United
States in accordance with the provisions of rule 4(d)(4) of the Federal
Rules of Civil Procedure. In the event the petition is filed in a civil
action or proceeding pending in a State court, the action or proceeding
may be removed without bond by the Attorney General to the district
court of the United States for the district and division embracing the
place in which it is pending. If, in considering the petition, the
district court determines that the employee was not acting within the
scope of the employee's office or employment, the action or proceeding
shall be remanded to the State court.
``(4) Upon certification, any action or proceeding subject to
paragraph (1), (2), or (3) shall proceed in the same manner as any
action against the United States filed pursuant to section 1346(b)(2)
and shall be subject to the limitations and exceptions applicable to
those actions.
``(5) Whenever an action or proceeding in which the United States
is substituted as the party defendant under this subsection is
dismissed for failure to first present a claim pursuant to section
2694(a), such a claim shall be deemed to be timely presented under
section 2401(b)(2) if--
``(A) the claim would have been timely had it been filed on
the date the underlying civil action was commenced, and
``(B) the claim is presented to the appropriate Federal
agency within 60 days after dismissal of the civil action.
``(f) The Attorney General may compromise or settle any claim
asserted in any civil action or proceeding described in this section in
the manner provided in section 2697, and with the same effect.
``Sec. 2700. Administrative action concerning employee
``Where an action or proceeding under section 1346(b)(2) or 2692 on
a constitutional tort results in a judgment against the United States
or an award, compromise, or settlement paid by the United States, the
Attorney General shall forward the matter to the head of the Federal
agency which employed the employee at the time of the employee's
alleged act or omission giving rise to the claim upon which the action
or proceeding was based, for such further administrative investigation
or disciplinary action as may be appropriate. In any administrative
proceeding relating to such investigation or disciplinary action, the
employee may assert as a defense the employee's reasonable good-faith
belief in the lawfulness of the employee's conduct.''.
SEC. 203. STATUTE OF LIMITATION, TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 2401.--Section 2401(b) of title 28, United States Code,
concerning the statute of limitations, is amended--
(1) by inserting ``(1)'' immediately after ``(b)'';
(2) by inserting ``cognizable under section 1346(b)(1) of
chapter 171'' after ``United States'';
(3) by adding at the end the following: ``any claim arising
out of unlawful human experimentation within the meaning of
section 2681 shall not be barred if presented in writing to the
appropriate Federal agency within 3 years from the date of the
enactment of section 2681.''; and
(4) by adding after paragraph (1) the following:
``(2) A claim for money damages based on a constitutional tort
against the United States cognizable under section 1346(b)(2) of
chapter 172 shall be forever barred unless it is presented in writing
to the appropriate Federal agency within 2 years after such claim
accrues or unless action is begun within 6 months after the date of
mailing, by certified or registered mail, of notice of final denial of
the claim by the agency to which it was presented, except that any
claim accruing prior to enactment of chapter 172 shall not be barred if
presented in writing to the appropriate Federal agency within 3 years
from the date of enactment of chapter 172.''.
(b) Section 2402.--Section 2402 of title 28, United States Code, is
amended by inserting ``or 1346(b)(2)'' after ``1346(a)(1)''.
(c) Section 2674.--Section 2674 of title 28, United States Code, is
amended by inserting immediately after ``claims'' the following: ``to
which section 1346(b)(1) of this title applies''.
(d) Multiple Sections.--Sections 2676, 2677, 2678, and 2679 of
title 28, United States Code, are amended by striking out ``1346(b)''
each place it appears and inserting in lieu thereof ``1346(b)(1)''.
(e) Section 2680.--Section 2680 of title 28, United States Code, is
amended by striking out ``1346(b)'' and inserting in lieu thereof
``1346(b)(1)''.
(f) Section 1402.--Section 1402(b) of title 28, United States Code,
is amended by striking out ``subsection (b)'' and inserting in lieu
thereof ``subsections (b)(1) and (b)(2)''.
(g) Table of Chapters.--The table of chapters for part VI of title
28, United States Code, is amended by inserting after the item relating
to chapter 171 the following new item:
``172. Constitutional Torts................................. 2691''. | TABLE OF CONTENTS:
Title I: Federal Tort Claims Amendments
Title II: Constitutional and Human Rights Violations
Title I: Federal Tort Claims Amendments
- Makes the Federal Tort Claims Act applicable to any claim arising out of: (1) conduct or research involving a human being as an experimental subject without the informed consent of the subject or a legal representative; (2) the subjection of a human being to any experimental chemical, radiological, or biological agent, drug, or other test article without informed consent; and (3) operations of any federally owned nuclear weapons facility involved in the production of nuclear weapons under the authority of the Secretary of Energy or any predecessor.
Title II: Constitutional and Human Rights Violations
- Grants the district courts exclusive jurisdiction of civil actions on claims for money damages based on constitutional torts.
Authorizes the head of each Federal agency to compromise and settle any claim for money damages based on a constitutional tort, except that any award, compromise, or settlement in excess of $25,000 shall be effected only with the Attorney General's prior written approval.
Sets forth provisions regarding limits on the liability of the United States, disposition by a Federal agency as a prerequisite to court action, jury trial requirements, the effect of certain judgments as a bar to an action, the Attorney General's authority to compromise such a claim, attorney's fees, exclusiveness of remedy, and administrative action concerning the responsible employee when a judgment is awarded against, or a settlement is paid by, the United States.
Establishes a statute of limitations of: (1) three years for claims arising out of unlawful human experimentation; and (2) two years for claims against the United States for money damages based on a constitutional tort, with exceptions. | {"src": "billsum_train", "title": "To amend title 28 of the United States Code to provide for a remedy against the United States for claims based upon conduct involving human experimentation, to provide a remedy against the United States with respect to constitutional and human rights violations, and for other purposes."} | 4,205 | 385 | 0.666518 | 2.22191 | 0.770628 | 5 | 11.134286 | 0.937143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Executive Office Accountability Act
of 1993''.
SEC. 2. ESTABLISHMENT OF INSPECTOR GENERAL FOR EXECUTIVE OFFICE OF THE
PRESIDENT.
(a) Establishment of Office.--Section 11 of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1) by inserting ``the President (with
respect only to the Executive Office of the President),'' after
``means''; and
(2) in paragraph (2) by inserting ``the Executive Office of
the President,'' after ``means''.
(b) Appointment of Inspector General.--Not later than 120 days
after the date of the enactment of this Act, the President shall
nominate an individual as the Inspector General of the Executive Office
of the President pursuant to the amendments made by subsection (a).
SEC. 3. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE
EXECUTIVE OFFICE OF THE PRESIDENT.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating section 8F as section 8G; and
(2) by inserting after section 8E the following:
``SEC. 8F. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE
EXECUTIVE OFFICE OF THE PRESIDENT.
``(a) Authority, Direction, and Control of President.--
Notwithstanding the last 2 sentences of section 3(a), the Inspector
General of the Executive Office of the President shall be under the
authority, direction, and control of the President with respect to
audits or investigations, or the issuance of subpoenas, which require
access to information concerning--
``(1) ongoing criminal investigations or proceedings;
``(2) undercover operations;
``(3) the identity of confidential sources, including
protected witnesses;
``(4) deliberations and decisions on policy matters,
including documented information used as a basis for making
policy decisions;
``(5) intelligence or counterintelligence matters; or
``(6) other matters the disclosure of which would
constitute a serious threat to the national security, or would
cause significant impairment to the national interests
(including interests in foreign trade negotiations), of the
United States.
``(b) Prohibiting Activities of Inspector General.--With respect to
information described in subsection (a), the President may prohibit the
Inspector General of the Executive Office of the President from
carrying out or completing any audit or investigation, or issuing any
subpoena, after the Inspector General has decided to initiate, carry
out, or complete such audit or investigation or to issue such subpoena,
if the President determines that--
``(1) the disclosure of that information would interfere
with the core functions of the constitutional responsibilities
of the President; and
``(2) the prohibition is necessary to prevent the
disclosure of that information.
``(c) Notice.--
``(1) Notice to inspector general.--If the President makes
a determination referred to in subsection (b)(1) or (2), the
President shall within 30 days notify the Inspector General in
writing stating the reasons for that determination.
``(2) Notice to congress.--Within 30 days after receiving a
notice under paragraph (1), the Inspector General shall
transmit a copy of the notice to each of the Chairman and the
ranking minority party member of the Committee on Government
Operations of the House of Representatives, the Committee on
Governmental Affairs of the Senate, and other appropriate
committees or subcommittees of the Congress.
``(d) Semiannual Reports.--
``(1) Information to be included.--The Inspector General of
the Executive Office of the President shall include in each
semiannual report to the President under section 5, at a
minimum--
``(A) a list of the title or subject of each
inspection, investigation, or audit conducted during
the reporting period;
``(B) a statement of whether corrective action has
been completed on each significant recommendation
described in previous semiannual reports, and, in a
case where corrective action has been completed, a
description of such corrective action;
``(C) a certification that the Inspector General
has had full and direct access to all information
relevant to the performance of functions of the
Inspector General;
``(D) a description of all cases occurring during
the reporting period in which the Inspector General
could not obtain documentary evidence relevant to any
inspection, audit, or investigation due to a
determination of the President under subsection (b);
and
``(E) such recommendations as the Inspector General
considers appropriate concerning legislation to promote
economy and efficiency in the administration of
programs and operations undertaken by the Executive
Office of the President, and to detect and eliminate
fraud, waste, and abuse in such programs and
operations.
``(2) Transmission to congress.--Within 30 days after
receiving a semiannual report under section 5 from the
Inspector General of the Executive Office of the President, the
President shall transmit the report to each of the Chairman and
the ranking minority party member of the Committee on
Government Operations of the House of Representatives and the
Committee on Governmental Affairs of the Senate with any
comments the President considers appropriate.''.
SEC. 4. ESTABLISHMENT AND APPOINTMENT OF CHIEF FINANCIAL OFFICER FOR
EXECUTIVE OFFICE OF THE PRESIDENT.
(a) Establishment.--Section 901(b)(2) of title 31, United States
Code, is amended by adding at the end the following:
``(H) The Executive Office of the President.''.
(b) Appointment.--The President shall appoint an individual as the
Chief Financial Officer of the Executive Office of the President,
pursuant to the amendment made by subsection (a), by not later than 90
days after the date of the enactment of this Act.
SEC. 5. FINANCIAL MANAGEMENT ACTIVITIES WITHIN EXECUTIVE OFFICE OF THE
PRESIDENT.
(a) Review of Financial Management Activities Within the Executive
Office of the President.--Not later than 30 days after the appointment
of a Chief Financial Officer of the Executive Office of the President
(in this section referred to as the ``Chief Financial Officer''), the
Director of the Office of Management and Budget shall direct the Chief
Financial Officer to conduct a review of the financial management
activities within the Executive Office of the President for the purpose
of consolidating its accounting, budgeting, and other financial
management activities under the Chief Financial Officer.
(b) Reorganization Proposal.--Not later than 60 days after the date
the Director directs the Chief Financial Officer to conduct a review
under subsection (a), and subject to all laws vesting functions in
particular officers and employees of the United States, the Chief
Financial Officer shall submit to the Director of the Office of
Management and Budget a proposal for reorganizing the Executive Office
of the President for the purpose stated in subsection (a). The proposal
shall include--
(1) a description of all functions, powers, duties,
personnel, property, or records which the Chief Financial
Officer is proposed to have authority over, including those
relating to functions that are not related to financial
management activities; and
(2) a detailed outline of the administrative structure of
the office of the Chief Financial Officer, including a
description of the responsibility and authority of financial
management personnel and resources in agencies or other
subdivisions as appropriate for the Executive Office of the
President.
(c) Review and Approval of Proposal.--Not later than 30 days after
receiving a proposal from the Chief Financial Officer under subsection
(c), the Director of the Office of Management and Budget shall approve
or disapprove the proposal and notify the Chief Financial Officer of
that approval or disapproval. The Director shall approve the proposal
if it establishes a financial management structure reasonably tailored
to the functions of the Executive Office of the President. Upon
approving or disapproving the proposal, the Director shall transmit to
the Chief Financial Officer a written notice of that approval or
disapproval. The Director shall also provide to the Chairman and
ranking minority party member of the Committee on Government Operations
of the House of Representatives and the Committee on Governmental
Affairs of the Senate a copy of the proposal and the Director's
approval or disapproval.
(d) Implementation of Proposal.--Upon receiving written notice of
approval from the Director of the Office of Management and Budget, the
Chief Financial Officer shall implement that proposal. | Executive Office Accountability Act of 1993 - Amends the Inspector General Act of 1978 to: (1) establish an Office of Inspector General (IG) in the Executive Office of the President; (2) require the IG to serve under the President's authority, direction, and control with respect to matters concerning ongoing criminal investigations, policy making, and national security (unless the President notifies the IG that disclosure of pertinent information would interfere with the core functions of his or her constitutional responsibilities); and (3) require the IG to comply with the same semiannual reporting requirements that all other IGs are subject to, plus, at a minimum, supply additional specified information as well.
Requires the President to appoint a Chief Financial Officer (CFO) of the Executive Office of the President.
Requires the: (1) Director of the Office of Management and Budget (OMB) to direct the CFO to review the financial management activities within the Executive Office of the President for the purpose of consolidating its accounting, budgeting, and other financial management activities under the CFO; (2) CFO to submit to the Director of OMB a proposal for reorganizing the Executive Office of the President for such purposes; (3) Director of OMB to approve or disapprove such proposal; and (4) CFO to implement the proposal upon such approval. | {"src": "billsum_train", "title": "Executive Office Accountability Act of 1993"} | 1,869 | 282 | 0.545483 | 1.577442 | 0.890577 | 3.293436 | 6.660232 | 0.861004 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Supply and Distribution Act
of 2015''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to adopt certain recommendations of the Quadrennial
Energy Review of 2015;
(2) to enhance the integration of energy markets;
(3) to improve the collection of energy data and analysis;
and
(4) to promote the production and distribution of energy in
the United States.
SEC. 3. DEFINITIONS.
In this Act:
(a) Administrator.--The term ``Administrator'' means the
Administrator of the Energy Information Administration.
(b) Secretary.--The term ``Secretary'' means the Secretary of
Energy.
SEC. 4. SENSE OF CONGRESS RELATING TO DOMESTIC ENERGY.
It is the sense of Congress that the production and distribution of
energy in the United States requires access to infrastructure and
markets.
SEC. 5. ENERGY SECURITY.
(a) In General.--The Secretary--
(1) shall collaborate with the heads of other Federal
agencies to improve the conceptual development of energy
security; and
(2) may consult with allies and key trading partners of the
United States with respect to energy security issues resulting
from changes in the energy marketplace.
(b) Considerations.--At a minimum, the Secretary shall ensure that,
as part of the collaboration required under subsection (a)(1), the
following are considered:
(1) The development of flexible, transparent, and
competitive energy markets, including natural gas and oil
markets
(2) The diversification of energy fuels, sources, and
routes.
(3) The encouragement of indigenous sources of energy
supply.
SEC. 6. SHARED INFRASTRUCTURE.
The Secretary shall lead an interagency effort to improve and
coordinate data collection and analytical and modeling capabilities for
energy distribution on shared energy infrastructure.
SEC. 7. ENERGY MARKET INTEGRATION.
The Secretary shall coordinate the training of, and enhanced
dialogue among, technical staff in applicable Federal agencies that are
responsible for evaluating and implementing cross-border energy
projects.
SEC. 8. SENSE OF CONGRESS RELATING TO HYDROCARBON PRODUCTION.
It is the sense of Congress that, as stated in the Annual Energy
Outlook of 2015 of the Energy Information Administration, growth in
crude oil and dry natural gas production varies significantly across
oil and natural gas supply regions--
(1) forcing shifts in crude oil and natural gas flows
between regions of the United States; and
(2) requiring investment in or realignment of pipelines and
other midstream infrastructure.
SEC. 9. ENERGY DATA COLLABORATION.
(a) In General.--The Administrator shall collaborate with the
appropriate officials in Canada and Mexico, as determined by the
Administrator, to improve--
(1) the quality and transparency of North American energy
data through reconciliation of data on energy trade flows among
the United States, Canada, and Mexico;
(2) the extension of energy mapping capabilities in the
United States, Canada, and Mexico; and
(3) the development of common energy data terminology among
the United States, Canada, and Mexico.
(b) Periodic Updates.--The Administrator shall periodically inform
the Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives
regarding--
(1) the extent to which energy data is being shared under
subsection (a); and
(2) whether forward-looking projections for regional energy
flows are improving in accuracy as a result of the energy data
sharing under that subsection.
SEC. 10. SENSE OF CONGRESS RELATING TO PROCESSED CONDENSATE.
It is the sense of Congress that processed condensate is a
petroleum product.
SEC. 11. DEVELOPMENT OF DEFINITION OF CONDENSATE.
(a) In General.--The Secretary shall--
(1) develop a standard definition of the term
``condensate''; and
(2) advise relevant Federal agencies to adopt that
definition for the purpose of clarifying energy policy in the
United States.
(b) Office of Fossil Energy Assessment.--The Assistant Secretary
for Fossil Energy may assess the suitability of condensate separately
from crude oil for use in strategic reserves, as determined necessary
by the Secretary.
(c) Energy Information Administration Data Collection.--The
Administrator may collect data regarding condensate and crude oil
production in the United States.
SEC. 12. DEPARTMENT OF INTERIOR ASSESSMENTS.
(a) In General.--The Secretary of the Interior shall direct the
appropriate agencies within the Department of the Interior to assess
condensate separately from crude oil, in accordance with this section.
(b) Office of Natural Resources Revenue.--The Director of the
Office of Natural Resources Revenue may collect data regarding
condensate separately from crude oil produced in the United States.
(c) Bureau of Ocean Energy Management.--The Director of the Bureau
of Ocean Energy Management may estimate condensate separately from
crude oil as part of the resource assessments regarding geological
formations in the United States.
(d) United States Geological Survey.--The Director of the United
States Geological Survey may include estimates of condensate separately
from crude oil as part of the resource assessments regarding geological
formations in the United States.
SEC. 13. ACCESS TO MARKETS.
(a) In General.--Notwithstanding any other provision of law, to
promote the efficient exploration, production, storage, supply, and
distribution of energy resources, any domestic crude oil or condensate
(other than crude oil stored in the Strategic Petroleum Reserve) may be
exported without a Federal license to countries not subject to
sanctions by the United States.
(b) Savings Clause.--Nothing in this section limits the authority
of the President under the Constitution, the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies
Act (50 U.S.C. 1601 et seq.), or part B of title II of the Energy
Policy and Conservation Act (42 U.S.C. 6271 et seq.) to prohibit
exports. | Energy Supply and Distribution Act of 2015 This bill declares that the production and distribution of energy in the United States requires access to infrastructure and markets. The Department of Energy (DOE) must collaborate with federal agencies to improve the conceptual development of energy security, considering at a minimum: (1) development of flexible, transparent, and competitive energy markets, including natural gas and oil; and (2) diversification of energy fuels, sources, and routes, and the encouragement of indigenous sources of energy supply. DOE must also coordinate interagency: (1) data collection for energy distribution on shared energy infrastructure, and (2) training to evaluate and implement cross-border energy projects. It is the sense of Congress that growth in crude oil and dry natural gas production varies significantly across oil and natural gas supply regions, thereby: (1) forcing shifts in crude oil and natural gas flows between regions of the United States, and (2) requiring investment or realignment of midstream infrastructure including pipelines. The Energy Information Administration must collaborate with officials in Canada and Mexico to reconcile data on energy trade flows, extend energy mapping capabilities, and develop common energy data terminology. Congress declares that processed condensate is a petroleum product. The DOE Office of Fossil Energy Assessment may assess the suitability of condensate separately from crude oil for use in strategic reserves, while certain agencies within the Department of the Interior must assess condensate separately from crude oil. The bill authorizes: (1) the Bureau of Ocean Energy Management to estimate condensate separately from crude oil as part of the resource assessments regarding domestic geological formations, (2) the Office of Natural Resources Revenue to collect condensate data separately from crude oil, and (3) the United States Geological Survey to include estimates of condensate separately from crude oil as part of the resource assessments regarding domestic geological formations. Domestic crude oil or condensate (except crude oil stored in the Strategic Petroleum Reserve) may be exported without a federal license to countries not subject to U.S. sanctions. | {"src": "billsum_train", "title": "Energy Supply and Distribution Act of 2015"} | 1,344 | 420 | 0.703841 | 2.335721 | 0.782458 | 5.082051 | 3.102564 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Mammal Rescue Assistance
Amendments of 2009''.
SEC. 2. STRANDING AND ENTANGLEMENT RESPONSE.
(a) Collection and Updating of Information.--Section 402(b)(1)(A)
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a(b)(1)(A))
is amended by inserting ``or entangled'' after ``stranded''.
(b) Entanglement Response Agreements.--
(1) In general.--Section 403 of such Act (16 U.S.C. 1421b)
is amended--
(A) by amending the section heading to read as
follows:
``SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.'';
and
(B) in subsection (a) by inserting ``or
entanglement'' before the period.
(2) Clerical amendment.--The table of contents at the end
of the first section is amended by striking the item relating
to section 403 and inserting the following:
``Sec. 403. Stranding or entanglement response agreements.''.
(c) Liability.--Section 406(a) of such Act (16 U.S.C. 1421e(a)) is
amended by inserting ``or entanglement'' after ``stranding''.
(d) Entanglement Defined.--
(1) In general.--Section 410 of such Act (16 U.S.C. 1421h)
is amended--
(A) by redesignating paragraphs (1) through (6) in
order as paragraphs (2) through (7); and
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) The term `entanglement' means an event in the wild in
which a living or dead marine mammal has gear, rope, line, net,
or other material wrapped around or attached to it and is--
``(A) on a beach or shore of the United States; or
``(B) in waters under the jurisdiction of the
United States.''.
(2) Conforming amendment.--Section 408(a)(2)(B)(i) of such
Act (16 U.S.C. 1421f-1(a)(2)(B)(i)) is amended by striking
``section 410(6)'' and inserting ``section 410(7)''.
(e) John H. Prescott Marine Mammal Rescue Assistance Grant
Program.--
(1) Authorization of appropriations for grant program.--
Section 408(h) of such Act (16 U.S.C. 1421f-1(h)) is amended--
(A) by striking ``$5,000,000 for each of fiscal
years 2001 through 2003'' and inserting ``$7,000,000
for each of fiscal years 2010 through 2013''; and
(B) in paragraph (1) by striking ``$4,000,000'' and
inserting ``$6,000,000''.
(2) Administrative costs and expenses.--Section 408 of such
Act (16 U.S.C. 1421f-1) is amended--
(A) by adding at the end of subsection (a)(1) the
following: ``All funds available to implement this
section shall be distributed to eligible stranding
network participants for the purposes set forth in this
paragraph and paragraph (2), except as provided in
subsection (f).''; and
(B) by amending subsection (f) to read as follows:
``(f) Administrative Costs and Expenses.--Of the amounts available
each fiscal year to carry out this section, the Secretary may expend
not more than 6 percent or $80,000, whichever is greater, to pay the
administrative costs and administrative expenses to implement the grant
program under subsection (a). Any such funds retained by the Secretary
for a fiscal year for such costs and expenses that are not used for
such costs and expenses before the end of the fiscal year shall be
provided as grants under subsection (a).''.
(3) Emergency assistance.--Section 408 of such Act (16
U.S.C. 1421f-1) is amended--
(A) in subsection (a) by redesignating paragraph
(2) as paragraph (3), and by inserting after paragraph
(1) the following:
``(2) Subject to the availability of appropriations, the Secretary
may also enter into cooperative agreements, contracts, or such other
agreements or arrangements as the Secretary considers appropriate to
address stranding events requiring emergency assistance.'';
(B) in subsection (d) by inserting ``(1)'' before
the text, and by adding at the end the following:
``(2) Funding for emergency stranding projects shall not be subject
to the funding limit established in paragraph (1).'';
(C) in subsection (e)--
(i) in paragraph (1) by striking ``The non-
Federal'' and inserting ``Except as provided in
paragraph (2), the non-Federal'';
(ii) by redesignating paragraph (2) as
paragraph (3); and
(iii) by inserting after paragraph (1) the
following:
``(2) Emergency assistance.--No non-Federal contribution
shall be required for funding for a response to an emergency
stranding event.''; and
(D) in subsection (g) by redesignating paragraph
(2) as paragraph (3) and inserting after paragraph (1)
the following:
``(2) Emergency assistance.--The term `emergency
assistance' means assistance provided for a stranding event
that--
``(A) is not an unusual mortality event as defined
in section 409(6);
``(B) leads to an immediate increase in required
costs for stranding response, recovery, or
rehabilitation in excess of regularly scheduled costs;
``(C) may be cyclical or endemic; and
``(D) may involve out-of-habitat animals.''.
(4) Contributions.--Section 408 of such Act (16 U.S.C.
1421f-1) is amended by adding at the end the following:
``(i) Contributions.--For purposes of carrying out this section,
the Secretary may solicit, accept, receive, hold, administer, and use
gifts, devises, and bequests.''.
(f) Authorization of Appropriations for Marine Mammal Unusual
Mortality Event Fund.--Section 409(3) of such Act (16 U.S.C. 1421g(3))
is amended by striking ``fiscal year 1993'' and inserting ``each of
fiscal years 2010 through 2013''.
Passed the House of Representatives March 2, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Marine Mammal Rescue Assistance Amendments of 2009 - Amends the Marine Mammal Protection Act of 1972 to require the collection and updating of existing practices and procedures for rescuing and rehabilitating stranded or entangled (under current law, only stranded) marine mammals. Authorizes entanglement response agreements.
Authorizes appropriations (at an increased annual level) through FY2013 to carry out the existing John H. Prescott Marine Mammal Rescue Assistance Grant Program.
Authorizes cooperative agreements, contracts, or other agreements or arrangements to address stranding events requiring emergency assistance.
Authorizes appropriations through FY2013 to the Marine Mammal Unusual Mortality Event Fund. | {"src": "billsum_train", "title": "To amend the provisions of law relating to the John H. Prescott Marine Mammal Rescue Assistance Grant Program, and for other purposes."} | 1,538 | 159 | 0.538316 | 1.403926 | 0.731154 | 2.963964 | 11.576577 | 0.801802 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Counseling for Career Choice Act''.
SEC. 2. AMENDMENT.
Title V of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7201 et seq.) is amended by adding at the end the following:
``Part E--Counseling for Career Choice
``SEC. 5701. DEFINITIONS.
``In this part:
``(1) Community college.--The term `community college'
means--
``(A) a junior or community college (as defined in
section 312(f) of the Higher Education Act of 1965 (20
U.S.C. 1058(f)));
``(B) a 4-year public institution of higher
education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) that awards a
significant number of degrees and certificates, as
determined by the Secretary, that are not--
``(i) baccalaureate degrees (or an
equivalent); or
``(ii) master's, professional, or other
advanced degrees; or
``(C) an area career and technical education school
(as defined in section 3 of the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2302)).
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency, including an
educational service agency; or
``(B) a consortium that must consist of one local
educational agency in combination with one or more
local educational agencies, educational service
agencies, non-profit organizations with demonstrated
expertise in counseling or career and technical
education, postsecondary institutions, or tribal
organizations.
``(3) Local workforce investment board.--The term `local
workforce investment board' means a local workforce investment
board established under section 117 of the Workforce Investment
Act of 1998 (29 U.S.C. 2832).
``(4) School counselor.--The term `school counselor' has
the meaning given the term in section 5421.
``(5) Stakeholders.--The term `stakeholders' includes local
educational agencies, school counselors, secondary schools,
institutions of higher education (including community
colleges), eligible agencies as defined under section 203 of
the Adult Education and Family Literacy Act (20 U.S.C. 9202),
the State workforce investment board, the State agency
responsible for labor market information, other applicable
State agencies as determined by the Secretary, local workforce
investment boards, area career and technical education schools
(as defined in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006), local businesses and
industries, organizations offering apprenticeship programs,
tribal organizations, labor organizations, programs leading to
post-secondary credentials, including industry-recognized
credentials, other programs for career and technical education
(as defined in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302)), and any
other organizations, individuals or persons that the Secretary
determines appropriate to carry out the purposes of this part.
``(6) Statewide counseling framework.--The term `statewide
counseling framework' means a framework that encompasses grades
6 through 12 and postsecondary education and that includes
information on career awareness, skills assessment, skills
training, student interest surveys, postsecondary education
entrance requirements, secondary school graduation
requirements, high school equivalency, adult education programs
and services, financial aid, institutions of higher education,
community colleges, programs leading to industry-recognized
credentials, career and technical education programs,
internships, dual enrollment programs, apprenticeships, and
professional development opportunities or career development
training for school counselors.
``(7) State workforce investment board.--The term `State
workforce investment board' means a State workforce investment
board established under section 111 of the Workforce Investment
Act of 1998 (29 U.S.C. 2821).
``(8) 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. 450b).
``(9) Industry recognized credential.--The term `industry-
recognized,' used with respect to a credential, means a
credential that--
``(A) is sought or accepted by employers within the
industry or sector involved as a recognized, preferred,
or required credential for recruitment, screening,
hiring, retention or advancement purposes; and
``(B) where appropriate, is endorsed by a
nationally recognized trade association or organization
representing a significant part of the industry or
sector.
``SEC. 5702. ESTABLISHMENT AND CAPACITY-BUILDING GRANTS.
``(a) Establishment Grants.--
``(1) Program authorized.--From amounts appropriated to
carry out this part and not reserved by the Secretary under
subsection (b), the Secretary shall award establishment grants,
on a competitive basis, to State educational agencies to enable
the State educational agencies to carry out the activities
described in section 5704.
``(2) Duration; extension.--
``(A) Duration.--Each establishment grant under
this subsection shall be for a period of not more than
2 years.
``(B) Amount.--Each grant shall be of an amount not
less than $2,000,000 and not more than $5,000,000.
``(C) Extension.--The Secretary may extend a grant
awarded under this subsection for additional 3-year
periods if the State educational agency--
``(i) is achieving the intended outcomes of
the grant;
``(ii) shows continued engagement with
stakeholders; and
``(iii) has established a statewide
counseling framework.
``(b) State Capacity-Building Grants.--
``(1) In general.--The Secretary shall reserve not less
than 10 percent and not more than 20 percent of the amounts
appropriated to carry out this part for any fiscal year to
award capacity-building grants, on a competitive basis, to
State educational agencies that do not receive an establishment
grant under subsection (a) for such year.
``(2) Activities.--A State educational agency that receives
a capacity-building grant under this subsection shall use grant
funds to carry out 1 or more of the activities from the State
educational agency's application under section 5703 that the
Secretary determines is an acceptable use of funds.
``SEC. 5703. APPLICATION.
``A State educational agency desiring a grant under this part shall
submit an application at such time, in such manner, and containing such
information as the Secretary may require. The application shall
include--
``(1)(A) a description of a proposed statewide counseling
framework that is developed in consultation with not less than
5 stakeholders, of which at least 1 stakeholder shall be a
local business or industry or statewide industry organization
and 1 stakeholder shall be a local educational agency or
secondary school;
``(B) a detailed plan to implement a statewide counseling
framework that is developed in consultation with not less than
5 stakeholders, of which at least 1 stakeholder shall be a
local business or industry or statewide industry organization
and 1 shall be a local educational agency or secondary school;
or
``(C) evidence of an existing statewide counseling
framework and implementation plan supported by not less than 5
stakeholders, of which at least 1 stakeholder shall be a local
business or industry or statewide industry organization and 1
shall be a local educational agency or secondary school; and
``(2) a description of how the State educational agency
will award subgrants and ensure that the activities described
in section 5704 are carried out.
``SEC. 5704. ACTIVITIES.
``(a) In General.--A State educational agency receiving an
establishment grant under section 5702(a) shall use grant funds to--
``(1) develop and implement comprehensive school career
counseling programs that align with the statewide counseling
framework proposed or described in the State educational
agency's application;
``(2) identify and assess school counseling activities and
postsecondary options available within the State, and outside
the State as applicable;
``(3) hire additional school counselors to effectively
serve more students in postsecondary education and adult
education planning and career guidance activities, where
applicable;
``(4) identify regional workforce trends in collaboration
with entities at the State and regional level with expertise in
identifying such trends, such as State workforce investment
boards, local workforce investment boards, regional economic
development organizations, or State employment agencies;
``(5) train school counselors effectively to provide
students with current and relevant workforce information,
financial aid assistance, personal counseling, and academic
advising relevant to students' individual career and
postsecondary education goals;
``(6) develop and implement a process and infrastructure
for school counselors and school counselor programs to access
the statewide counseling framework and information regarding
the regional workforce trends identified in paragraph (4);
``(7) develop and implement professional development or
career development training certification programs for
counselors and other educators involved in preparing students
for postsecondary opportunities;
``(8) develop a searchable method by which counseling
professional development opportunities from around the State
are collected, maintained, and disseminated to school
counselors;
``(9) establish, improve, or coordinate postsecondary
opportunities, which may include individual career planning,
personalized learning plans, registered apprenticeships,
internships, dual enrollment programs, programs leading to
industry-recognized credentials (including programs at a
secondary school), 2-year degree programs, 4-year degree
programs, and other applicable postsecondary opportunities;
``(10) provide recommendations and improve a local
educational agency's and other education service program
providers to out of school youth and adults curricula to better
align with workforce trends and available postsecondary
opportunities;
``(11) conduct other activities pertaining to the
administration of the statewide framework;
``(12) establish partnerships with American Job Centers,
which may include co-locating an American Job Center in a high
school, transporting students to local American Job Centers, or
having American Job Center career counselors and business
liaisons assist school counselors in hosting job fairs, career
days, or other such similar tasks; and
``(13) leverage resources and emerging technologies that
are being developed by stakeholders to support the counseling
framework.
``(b) Subgrants.--
``(1) In general.--A State educational agency that receives
an establishment grant may carry out the activities described
in subsection (a) directly or through awarding subgrants, on a
competitive basis, to eligible entities to enable the eligible
entities to carry out any of the activities.
``(2) Application.--An eligible entity that desires a
subgrant under this subsection shall submit an application to
the State educational agency at such time, in such manner, and
containing such information as the State educational agency may
reasonably require, including a description of the
comprehensive school counseling program for participating
schools and students that the eligible entity proposes to
develop and implement using subgrant funds.
``(c) Hiring of Personnel.--An eligible entity that receives an
establishment grant under section 5702(a) may use grant funds to hire
additional school personnel to carry out the activities described in
subsection (a).
``SEC. 5705. SUPPLEMENT NOT SUPPLANT.
``Funds made available under this part shall be used to supplement,
and not supplant, other Federal, State, and local funds available to
carry out the activities supported under this part.
``SEC. 5706. REPORTING REQUIREMENTS.
``Not later than 3 years after the date of enactment of the
Counseling for Career Choice Act, and every 3 years thereafter, the
Secretary shall prepare and submit to the appropriate committees of
Congress a report on the progress made by the eligible entities
receiving grants under this part in implementing grant activities.
``SEC. 5707. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$40,000,000 for fiscal year 2016 and $40,000,000 for each of the 4
succeeding fiscal years.''. | Counseling for Career Choice Act Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive establishment grants to states to develop and implement comprehensive school career counseling programs that provide students with effective postsecondary education planning and career guidance services. Requires each program to be aligned with a statewide counseling framework that: (1) encompasses grades 6 through 12 and postsecondary education; and (2) is developed in consultation with, or exists with the support of, at least five stakeholders that include at least one business or industry and at least one local educational agency (LEA) or secondary school. Requires establishment grant funds to be used to: train and hire school counselors; identify regional workforce trends and postsecondary options available in the state; establish, improve, or coordinate postsecondary opportunities; recommend curricular improvements to better align curricula with workforce trends and available postsecondary opportunities; establish partnerships with American Job Centers; and leverage the resources and emerging technologies being developed by stakeholders to support the counseling framework. Allows states to carry out program activities directly or through competitive subgrants to LEAs, or consortia consisting of an LEA, and one or more LEAs, educational service agencies, tribal organizations, postsecondary institutions, or nonprofit organizations with expertise in counseling or career and technical education. Directs the Secretary to reserve at least 10%, but no more than 20%, of the amount appropriated for this Act's counseling program to award competitive capacity-building grants to states that do not receive an establishment grant. | {"src": "billsum_train", "title": "Counseling for Career Choice Act"} | 2,693 | 333 | 0.566513 | 1.679323 | 0.806095 | 2.965517 | 8.613793 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclamation Title Transfer Act of
2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conveyed property.--The term ``conveyed property''
means an eligible facility that has been conveyed to a
qualifying entity under section 3(b)(1).
(2) Eligible facility.--
(A) In general.--The term ``eligible facility''
means a reclamation project or facility, or a portion
of a reclamation project or facility, for which the
United States holds title and that meets the criteria
for potential transfer established under section 5(a).
(B) Inclusions.--The term ``eligible facility''
includes dams and appurtenant works, infrastructure,
recreational facilities, buildings, distribution and
drainage works, and associated land or interests in
land or water.
(3) Qualifying entity.--The term ``qualifying entity''
means a State, unit of local government, Indian tribe,
municipal corporation, quasi-municipal corporation, or other
entity (such as a water district) that, as determined by the
Secretary, has the capacity to continue to manage the conveyed
property for the same purposes that the conveyed property has
been managed for under the reclamation laws.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of the Bureau
of Reclamation.
SEC. 3. AUTHORIZATION OF TITLE TRANSFER PROGRAM.
(a) Establishment of Title Transfer Program.--The Secretary may
establish a program that--
(1) identifies and analyzes the potential for public
benefits from the transfer out of Federal ownership of eligible
facilities, including analyses of the financial, operational,
and environmental characteristics of the eligible facilities
proposed for transfer; and
(2) facilitates the transfer to qualifying entities of the
title to eligible facilities to promote more efficient
management of water and water-related facilities.
(b) Authorization To Transfer Title to Eligible Facilities.--
(1) In general.--The Secretary, without further
authorization from Congress, may convey to a qualifying entity
all right, title, and interest of the United States in and to
any eligible facility, subject to paragraphs (2) through (6).
(2) Right of first refusal.--If the entity that operates an
eligible facility at the time that the Secretary attempts to
facilitate the transfer of title under subsection (a)(2) is a
qualifying entity, that entity shall have the right of first
refusal to receive the conveyance under paragraph (1).
(3) Reservation of easement.--The Secretary may reserve an
easement over a conveyed property if the Secretary determines
that the easement is necessary for the management of any
interests retained by the Federal Government under this Act.
(4) Mineral interests.--
(A) Retention.--The Secretary shall retain any
mineral interests associated with a conveyed property.
(B) Management.--The mineral interests retained
under subparagraph (A) shall be managed--
(i) consistent with Federal law; and
(ii) in a manner that would not interfere
with the purposes for which the reclamation
project was authorized.
(5) Interests in water.--No interests in water shall be
conveyed under this Act unless the conveyance is provided for
in writing in an agreement between the Secretary and the
qualifying entity.
(6) Additional criteria.--Title transfers under this
section shall be carried out consistent with--
(A) this Act; and
(B) any additional criteria or procedures that the
Secretary determines to be in the public interest.
(c) Restrictions on Use.--As a condition of obtaining title to an
eligible facility, the qualifying entity shall agree to use the
eligible facility for substantially the same purposes the eligible
facility is being used for during the period in which the eligible
facility was under reclamation ownership.
SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION LAWS.
Before conveying eligible facilities under this Act, the Secretary
shall complete all actions required under all applicable laws,
including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(3) the National Historic Preservation Act (16 U.S.C. 470
et seq.).
SEC. 5. ELIGIBILITY CRITERIA.
(a) Establishment.--The Secretary shall establish criteria for
determining whether facilities are eligible for conveyance under this
Act.
(b) Minimum Requirements.--
(1) Agreement of qualifying entity.--The criteria
established under subsection (a) shall include a requirement
that a qualifying entity agree--
(A) to accept title to the eligible facility;
(B) to accept all liability for the eligible
facility, except as otherwise provided in section 6;
(C) to use the eligible facility for substantially
the same purposes the eligible facility is being used
for at the time the Secretary evaluates the potential
transfer; and
(D) to provide, as consideration for the assets to
be conveyed, compensation to the United States in an
amount that is the equivalent of the net present value
of any repayment obligation to the United States or
other income stream the United States derives from the
eligible facility to be transferred as of the date of
the transfer.
(2) Determinations of secretary.--
(A) In general.--The criteria established under
subsection (a) shall include a requirement that the
Secretary, in consultation with the Governor of any
State in which the project is located, determine that
the proposed transfer--
(i) would not have an unmitigated
significant effect on the environment;
(ii) is uncomplicated, based on, as
determined by the Secretary--
(I) there being no significant
opposition to the proposed transfer;
(II) the eligible facility not
being hydrologically integrated with
other Federal or non-Federal water
projects;
(III) the eligible facility not
generating significant quantities of
electric power sold to, or eligible to
be sold to, power customers (other than
the project itself); and
(IV) the parties to the transfer
being able to reach agreement on legal,
institutional, and financial
arrangements relating to the
conveyance;
(iii) is consistent with the responsibility
of the Secretary--
(I) to protect land and water
resources held in trust for federally
recognized Indian tribes; and
(II) to ensure compliance with any
applicable international treaties and
interstate compacts; and
(iv) is in the financial interest of the
United States.
(B) Publication.--The Secretary shall make
publically available information on how the Secretary
made the determinations under subparagraph (A).
(3) Status of reclamation land.--The criteria established
under subsection (a) shall require that any land to be conveyed
out of Federal ownership under this Act is--
(A) land acquired by the Secretary; or
(B) land withdrawn by the Secretary, only if--
(i) the Secretary determines in writing
that the withdrawn land is encumbered by
reclamation project facilities to the extent
that the withdrawn land is unsuitable for
return to the public domain; and
(ii) the qualifying entity agrees to pay
fair market value for the withdrawn land to be
conveyed.
SEC. 6. LIABILITY.
(a) In General.--Except as provided in subsection (b), effective
beginning on the date of conveyance of any eligible facility under this
Act, the United States shall not be liable under any law for damages of
any kind arising out of any act, omission, or occurrence based on the
prior ownership or operation of the conveyed property.
(b) Limitation.--Notwithstanding subsection (a), the United States
shall retain the responsibilities and authorities of the United States
for a conveyed property based on the prior ownership or operation of
the conveyed property by the United States under Federal environmental
laws, including the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
SEC. 7. BENEFITS.
After a conveyance of an eligible facility under this Act--
(1) the conveyed property shall no longer be considered to
be a part of a reclamation project; and
(2) the entity to which the conveyed property is conveyed
shall not be eligible to receive any benefits with respect to
the conveyed property (including project power), except for
benefits that would be available to a similarly situated entity
with respect to property that is not part of a reclamation
project.
SEC. 8. COMPLIANCE WITH OTHER LAWS.
(a) In General.--After a conveyance of title under this Act, the
qualifying entity to which the property is conveyed shall comply with
all applicable Federal, State, and local laws (including regulations)
in the operation of the conveyed property.
(b) Effect.--
(1) In general.--Nothing in this Act shall affect or
interfere with--
(A) the laws of any State relating to the control,
appropriation, use, or distribution of water used in
irrigation or for any other purpose;
(B) any vested right acquired under State law; or
(C) any interstate compact, decree, or negotiated
water rights agreement.
(2) Conformity with state law.--In carrying out this Act,
the Secretary shall proceed in conformity with the State laws
and rights acquired under State law described in paragraph (1).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act such sums as are necessary.
(b) Use of Amounts.--Amounts made available under subsection (a)
may be used--
(1) to carry out the investigations to carry out this Act;
and
(2) to pay any other costs associated with conveyances
under this Act, including an appropriate Federal share of the
costs of compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and other applicable law.
(c) Not Treated as Project Costs.--Expenditures made by the
Secretary under this Act--
(1) shall not be a project cost assignable to a reclamation
project; and
(2) shall be nonreimbursable.
SEC. 10. TERMINATION OF AUTHORITY.
The authority of the Secretary to carry out conveyances under this
Act shall terminate 15 years after the date of enactment of this Act. | Reclamation Title Transfer Act of 2014 - Authorizes the Commissioner of the Bureau of Reclamation to establish a program that: (1) identifies and analyzes the potential for public benefits from the transfer of eligible facilities out of federal ownership, and (2) facilitates the transfer of such facilities to qualifying entities to promote more efficient management of water and water-related facilities. Defines: (1) "eligible facilities" as reclamation projects or facilities (including dams and appurtenant works, infrastructure, recreational facilities, buildings, distribution and drainage works, and associated land or interests in land or water) for which the United States holds title and that meet the criteria for potential transfer established by this Act; and (2) "qualifying entity" as a state, local government, Indian tribe, municipal or quasi-municipal corporation, or other entity (such as a water district) that has the capacity to continue to manage the conveyed property for the same purposes that the property has been managed under the reclamation laws. Authorizes the Commissioner to convey an eligible facility to a qualifying entity without further authorization from Congress. Grants a qualifying entity that is operating an eligible facility at the time conveyance is being considered the right of first refusal. Authorizes the Commissioner to reserve an easement over a conveyed property if necessary for the management of any interests retained by the federal government. Directs the Commissioner to retain any mineral interests associated with a conveyed property. Requires the Commissioner to: (1) establish criteria for determining whether facilities are eligible for conveyance under this Act, including that the qualifying entity agrees to use the eligible facility for substantially the same purposes the facility is being used for at the time the transfer is being evaluated and that such a conveyance is in the financial interest of the United States; and (2) make information on how the determinations are made publicly available. Terminates the Secretary's authority to carry out such conveyances 15 years after this Act's enactment. | {"src": "billsum_train", "title": "Reclamation Title Transfer Act of 2014"} | 2,340 | 425 | 0.790707 | 2.401747 | 0.852981 | 4.397333 | 5.624 | 0.946667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Waterfront of Tomorrow Act of
2013''.
SEC. 2. STUDIES.
(a) Measures To Improve Flood Protection and Climate Resilience for
New York City.--
(1) Study.--The Secretary of the Army shall conduct a study
of measures to improve flood protection and climate resilience
for New York City, using both traditional engineering and green
infrastructure technologies.
(2) Contents.--In conducting the study, the Secretary
shall--
(A) assess traditional engineering solutions,
including tide gates and seawalls;
(B) assess, in consultation with the Administrator
of the National Oceanic and Atmospheric Administration,
the use of alternative approaches, including oyster
reef restoration, tidal wetland restoration and
construction, and other natural designs that reduce
storm surge impacts and retain storm water while
providing additional environmental benefits;
(C) identify the cost and time associated with
implementing the measures described in subparagraphs
(A) and (B), the potential impact of such measures on
the surrounding environment, and any adverse impacts of
such measures on local housing, commerce, or
recreation; and
(D) make a recommendation as to which of such
measures would provide the greatest protection for New
York City coastal communities and critical
infrastructure from an event of a magnitude that is
equal to or greater than Hurricane Sandy.
(3) Coordination to prevent duplication of efforts.--The
Secretary shall carry out the activities under this section in
coordination with the study to be conducted by the Secretary
under the heading ``Corps of Engineers--Civil--Investigations''
in title II of Public Law 113-2 (127 Stat. 5).
(4) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study.
(5) Corps of engineers.--The Secretary shall carry out this
subsection acting through the Chief of Engineers.
(b) Environmental Impact of Major Disasters.--
(1) Study.--The Administrator of the Environmental
Protection Agency, in consultation with the Administrator of
the Occupational Safety and Health Administration, shall
conduct a study of the environmental impact of each major
disaster that the Administrator determines will have a
significant environmental impact on the waters of the United
States.
(2) Determinations.--In making determinations under
paragraph (1), the Administrator of the Environmental
Protection Agency shall ensure that the Administrator conducts
studies under this subsection with respect to, at a minimum, 10
percent of the major disasters declared in a fiscal year.
(3) Contents.--The Administrator shall conduct a study
under this subsection with respect to a major disaster with the
specific goal of determining--
(A) whether industrial facilities discharged
pollutants or other hazards into local waterways or the
water supply during the major disaster; and
(B) if so, how to avoid or minimize the risk of
such pollution incidents in the future.
(4) Report.--Not later than 180 days after the date of the
declaration of a major disaster described in paragraph (1), the
Administrator shall transmit to Congress a report on the
results of the study conducted under this subsection with
respect to the major disaster.
(5) Major disaster defined.--In this subsection, the term
``major disaster'' has the meaning given that term in section
102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122).
SEC. 3. NATIONAL FREIGHT POLICY.
(a) Goals.--Section 167(b) of title 23, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting a semicolon;
(3) by striking the semicolon at the end of paragraph (7)
and inserting ``; and''; and
(4) by adding at the end the following:
``(8) to ensure that the socioeconomic and environmental
impacts of moving cargo through a community are fully accounted
for in establishing the national freight network.''.
(b) Ports and Harbors.--Section 167(c) of title 23, United States
Code, is amended by adding at the end the following:
``(3) Ports and harbors.--The Secretary shall ensure that
ports and harbors are incorporated into the national freight
network.''.
SEC. 4. NEXT GENERATION PORTS.
(a) Improvements to Port Infrastructure and Intermodal Rail and
Highway Networks.--
(1) Grants.--The Secretary of the Army is authorized to
make grants to States and local governments for projects to
improve port infrastructure and intermodal rail and highway
networks.
(2) Consideration of local preferences and environmental
concerns.--In making grants to States and local governments
under this subsection, the Secretary shall ensure that local
preferences and environmental concerns are incorporated into
any port infrastructure and intermodal transportation
improvements, so that disruptions and adverse impacts are
minimized.
(b) Green Ports.--
(1) Designation.--The Administrator of the Maritime
Administration, acting jointly with the Administrator of the
Environmental Protection Agency, shall establish a green port
designation for ports that meet certain environmental
standards.
(2) Grants and technical assistance.--The Administrator of
the Maritime Administration is authorized to provide grants and
technical assistance to a port designated as a green port
pursuant to paragraph (1) to implement innovations that
minimize the environmental impacts of port operations.
SEC. 5. WATERFRONTS AS MAIN STREETS.
(a) Establishment of Grant Program.--The Secretary of Commerce,
acting through the Administrator of the Economic Development
Administration, shall carry out a grant program in accordance with the
requirements of this section.
(b) Award of Grants.--In carrying out the program, the Secretary
may make grants to States and local governments for projects to
establish environmentally sustainable waterfront areas.
(c) Applications.--A State or local government seeking a grant
under the program shall submit to the Secretary an application at such
time and containing such information as the Secretary may require.
(d) Criteria.--
(1) In general.--The Secretary shall establish criteria for
awarding grants for projects under the program.
(2) Priority.--The criteria shall include an assessment of
whether the applicant is able to demonstrate the potential of a
project--
(A) to generate economic growth and job creation;
or
(B) to improve the environmental sustainability of
waterfront areas.
(e) Maximum Grant Amount.--The Secretary may not make grants under
this section to a State or local government in an amount that exceeds
$10,000,000 in the aggregate.
(f) Reporting Requirement.--As a condition for receiving a grant
under the program, a State or local government shall agree to submit to
the Secretary an annual report on the achievement of performance
measures, including the criteria described in subsection (d)(2), by the
State or local government for a period of 3 years after the grant is
awarded.
(g) Federal Share.--The Federal share of the cost of a project
carried out with funds from a grant under the program may not exceed 75
percent. | Waterfront of Tomorrow Act of 2013 - Directs the Secretary of the Army, acting through the Chief of Engineers, to study measures that provide the greatest flood protection and climate resilience for New York City coastal communities from a disaster such as Hurricane Sandy. Directs the Administrator of the Environmental Protection Agency (EPA) to study the environmental impact of each major disaster that will have a significant environmental impact on U.S. waters. Makes one of the goals of national freight policy to ensure that the socioeconomic and environmental impacts of moving cargo through a community are fully accounted for in establishing the national freight network (composed of highways, railways, navigable waterways, seaports, airports, freight intermodal connectors, and aerotropolis transportation systems most critical to the multimodal movement of freight). Directs the Secretary of Transportation (DOT) to ensure that ports and harbors are incorporated into the national freight network. Authorizes the Secretary of the Army to make grants to states and local governments for projects to improve port infrastructure and intermodal rail and highway networks. Directs the Administrator of the Maritime Administration, acting jointly with the EPA Administrator, to establish a green port designation for ports that meet certain environmental standards. Authorizes the Administrator of the Maritime Administration to provide grants and technical assistance to a designated green port to implement innovations that minimize the environmental impacts of port operations. Directs the Secretary of Commerce, acting through the Administrator of the Economic Development Administration (EDA), to make grants to states and local governments for projects to establish environmentally sustainable waterfront areas. Sets the federal share of project costs at 75%. | {"src": "billsum_train", "title": "Waterfront of Tomorrow Act of 2013"} | 1,557 | 344 | 0.545222 | 1.696201 | 0.740357 | 4.207358 | 4.846154 | 0.896321 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mount St. Helens National Volcanic
Monument Completion Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the Act entitled ``An Act to designate the Mount St.
Helens National Volcanic Monument in the State of Washington,
and for other purposes'', approved August 26, 1982 (96 Stat.
301; 16 U.S.C. 431 note), required the United States to acquire
all land and interests in land in the Mount St. Helens National
Volcanic Monument;
(2) the Act directed the Secretary of Agriculture to
acquire the surface interests and the mineral and geothermal
interests by separate exchanges and expressed the sense of
Congress that the exchanges be completed by November 24, 1982,
and August 26, 1983, respectively; and
(3) the surface interests exchange was consummated timely,
but the exchange of all mineral and geothermal interests has
not yet been completed a decade and a half after the Act's
enactment.
(b) Purpose.--The purpose of this Act is to provide for the
expeditious completion of the previously mandated Federal acquisition
of private mineral and geothermal interests within the Mount St. Helens
National Volcanic Monument.
SEC. 3. ACQUISITION OF MINERAL RIGHTS WITHIN THE NATIONAL VOLCANIC
MONUMENT.
Section 3 of the Act entitled ``An Act to designate the Mount St.
Helens National Volcanic Monument in the State of Washington, and for
other purposes'', approved August 26, 1982 (96 Stat. 302; 16 U.S.C. 431
note), is amended--
(1) in subsection (a), by striking ``and except that the
Secretary may acquire mineral and geothermal interests only by
exchange. It is the sense of the Congress that in the case of
mineral and geothermal interests such exchanges should be
completed within one year after the date of enactment of this
Act''; and
(2) by adding at the end the following:
``(g) Expeditious Completion of Mineral and Geothermal Interests.--
``(1) Definition of holder.--In this subsection, the term
`holder' means a company, or its successor, referred to in
subsection (c).
``(2) In general.--Within the period described in paragraph
(7), the Secretary of the Interior shall acquire by exchange
the mineral and geothermal interests in the Monument of each
holder.
``(3) Monetary credits.--
``(A) Issuance.--In exchange for the mineral and
geothermal interests acquired by the Secretary of the
Interior from a holder under paragraph (2), the
Secretary of the Interior shall issue to the holder
monetary credits that may be exercised by the holder
for payment of--
``(i) not more than 50 percent of the bonus
or other payments made by successful bidders in
any sales of mineral, oil, gas, or geothermal
leases under the Mineral Leasing Act (30 U.S.C.
181 et seq.), the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.), or the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.); or
``(ii) not more than 50 percent of any
royalty, rental, or advance royalty payment
made to the United States to maintain any
mineral, oil or gas, or geothermal lease issued
under the Acts listed in clause (i).
``(B) Value of credits.--The credits issued under
subparagraph (A) shall equal the fair market value of
all mineral and geothermal interests conveyed in the
exchange as determined under paragraph (4).
``(C) Acceptance of credits.--The Secretary of the
Interior shall accept credits issued under subparagraph
(A) in the same manner as cash for the payments
described in subparagraph (A). The use and exercise of
the credits shall be subject to the laws (including
regulations) governing such payments, to the extent the
laws are consistent with this subsection.
``(D) Treatment of credits for distribution to
states.--All amounts in the form of credits accepted by
the Secretary of the Interior under subparagraph (C)
for the payments described in subparagraph (A) shall be
considered to be money received for the purpose of
section 35 of the Mineral Leasing Act (30 U.S.C. 191)
and section 20 of the Geothermal Steam Act of 1970 (30
U.S.C. 1019).
``(4) Valuation of interests.--
``(A) In general.--Not later than 120 days after
the date of enactment of this subsection, the mineral
and geothermal interests to be conveyed by each holder
in the exchanges required by paragraph (2) shall be
valued by one of the following methods, as selected by
the Secretary of the Interior:
``(i) Use of appraisal report.--The 1982
value established by the report of the third
party appraisal completed on September 11,
1991, shall be adjusted to reflect changes in
the consumer price index for all urban
consumers published by the Department of Labor
as of the date on which the exchange is to be
consummated pursuant to paragraph (7), or such
other value as shall be mutually agreed to by
the Secretary of the Interior and the holders
not later than 30 days after the date of
enactment of this subsection.
``(ii) New appraisal.--
``(I) Selection of appraiser.--Not
later than 30 days after the date of
enactment of this subsection, the
Secretary of the Interior and the
holders shall mutually agree on the
selection of a qualified appraiser to
conduct an appraisal of the mineral and
geothermal interests.
``(II) No agreement on appraiser.--
If no appraiser is mutually agreed to
under subclause (I), not later than 60
days after the date of enactment of
this subsection--
``(aa) the Secretary of the
Interior and the holders shall
each designate a qualified
appraiser; and
``(bb) the two designated
appraisers shall select a third
qualified appraiser to perform
the appraisal with the advice
and assistance of the
designated appraisers and in
accordance with the
instructions that were mutually
agreed on for the September 11,
1991, third part appraisal.
``(III) Date of valuation.--The
value of the mineral and geothermal
interests to be conveyed by each holder
shall be calculated as of August 26,
1982, adjusted to reflect changes in
the consumer price index for all urban
consumers published by the Department
of Labor as of the date on which the
exchange is to be consummated pursuant
to paragraph (7).
``(IV) Costs.--The Secretary of the
Interior shall bear the costs of the
process established by this clause.
``(B) Timely appraisal report.--The appraisal
report resulting from subparagraph (A) shall be
presented to the Secretary of the Interior timely to
permit the Secretary of the Interior to determine the
value of the mineral and geothermal interests to be
conveyed by each holder. Not later than the date that
is 180 days after the date of enactment of this
subsection, the Secretary of the Interior shall notify
each holder of the determination.
``(C) Failure of process.--If the Secretary of the
Interior fails to make a determination under
subparagraph (B) by the date that is 180 days after the
date of enactment of this subsection or if any holder
does not agree with the value determined by the
Secretary of the Interior under subparagraph (B), one
or more of the holders may petition the United States
Court of Federal Claims for a determination of the
value of the mineral and geothermal interests to be
conveyed by the holders in accordance with this
subsection. Subject to the right of appeal, a
determination by the Court shall be binding for
purposes of this subsection on all parties.
``(5) Exchange account.--
``(A) In general.--Notwithstanding any other
provision of law, not later than 30 days after the
completion of each exchange with a holder required by
this subsection, the Secretary of the Interior shall
establish, with the Minerals Management Service of the
Department of the Interior, an exchange account for the
holder for monetary credits described in paragraph (3).
``(B) Initial balance.--The initial balance of
credits in each holder's account shall be equal to the
value as determined under paragraph (4) of the mineral
and geothermal interests conveyed by the holder in the
exchange.
``(C) Use of credits.--The balance of credits in a
holder's account shall be available to the holder or
its assigns for the purposes of paragraph (3). The
Secretary of the Interior shall adjust the balance of
credits in the account to reflect payments made
pursuant to paragraph (3).
``(D) Transfer of credits.--
``(i) In general.--A holder may transfer or
sell any credits in the holder's account to
another person.
``(ii) Use of transferred credits.--Credits
transferred under clause (i) may be used in
accordance with this subsection only by a
person that is qualified to bid on, or that
holds, a mineral, oil, or gas lease under the
Mineral Leasing Act (30 U.S.C. 181 et seq.),
the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), or the Geothermal Steam
Act of 1970 (30 U.S.C. 1001 et seq.).
``(iii) Notification.--A holder shall
notify the Secretary of the Interior of any
transfer or sale under this subparagraph
promptly after the transfer or sale.
``(E) Time limit on use of credits.--On the date
that is 5 years after an account is created under
subparagraph (A), the Secretary of the Interior shall
terminate the account and any remaining credits in the
account shall become unusable.
``(6) Title to interests.--On the date of the establishment
of an exchange account for a holder under paragraph (5)(A),
title to any mineral and geothermal interests that are held by
the holder and are to be acquired by the Secretary of the
Interior under paragraph (2) shall transfer to the United
States.
``(7) Completion of exchanges.--The Secretary of the
Interior shall complete the exchanges under paragraph (2) not
later than 180 days after the date of enactment of this
subsection or as soon as practicable after completion of the
process described in paragraph (4)(C).''.
Passed the Senate July 17, 1998.
Attest:
GARY SISCO,
Secretary. | Mount St. Helens National Volcanic Monument Completion Act - Revises existing law to require the Secretary of the Interior to acquire, by exchange, the mineral and geothermal interests of each holder (the Burlington Northern, Incorporated or the Weyerhaeuser Company) in the Mount St. Helens National Volcanic Monument in the State of Washington: (1) within 180 days after enactment of this Act; or (2) as soon as practicable after the U.S. Court of Federal Claims determines the value of the interests to be conveyed by the holder if the Court is petitioned because of the Secretary's failure to make such determination within 180 days after the enactment of this Act or the holder disagrees with the Secretary's valuation (by specified methods) of the mineral and geothermal interests.
Sets forth requirements and administrative procedures for such exchange, including issuance of monetary credits to a holder for payment of not more than 50 percent of: (1) the bonus or other payments made by successful bidders in any sales of mineral, oil, gas, or geothermal leases under the Mineral Leasing Act, the Outer Continental Shelf Lands Act, or the Geothermal Steam Act of 1970; or (2) any royalty, rental, or advance royalty payment made to the United States to maintain any mineral, oil or gas, or geothermal lease issued under such Acts. | {"src": "billsum_train", "title": "Mount St. Helens National Volcanic Monument Completion Act"} | 2,393 | 310 | 0.647415 | 1.913345 | 0.726101 | 3.96875 | 8.484375 | 0.90625 |
SECTION 1. HEALTH CARE FRAUD AND ABUSE GUIDANCE.
(a) Solicitation and Publication of Modifications to Existing Safe
Harbors and New Safe Harbors.--
(1) In general.--
(A) Solicitation of proposals for safe harbors.--
Not later than January 1, 1995, and not less than
annually thereafter, the Secretary of Health and Human
Services (hereafter in this section referred to as the
``Secretary'') shall publish a notice in the Federal
Register soliciting proposals, which will be accepted
during a 60-day period, for--
(i) modifications to existing safe harbors
issued pursuant to section 14(a) of the
Medicare and Medicaid Patient and Program
Protection Act of 1987 (42 U.S.C. 1320a-7b
note);
(ii) additional safe harbors specifying
payment practices that shall not be treated as
a criminal offense under section 1128B(b) of
the Social Security Act the (42 U.S.C. 1320a-
7b(b)) and shall not serve as the basis for an
exclusion under section 1128(b)(7) of such Act
(42 U.S.C. 1320a-7(b)(7));
(iii) interpretive rulings to be issued
pursuant to subsection (b); and
(iv) special fraud alerts to be issued
pursuant to subsection (c).
(B) Publication of proposed modifications and
proposed additional state harbors.--After considering
the proposals described in clauses (i) and (ii) of
subparagraph (A), the Secretary, in consultation with
the Attorney General, shall publish in the Federal
Register proposed modifications to existing safe
harbors and proposed additional safe harbors, if
appropriate, with a 60-day comment period. After
considering any public comments received during this
period, the Secretary shall issue final rules modifying
the existing safe harbors and establishing new safe
harbors, as appropriate.
(C) Report.--The Inspector General of the
Department of Health and Human Services (hereafter in
this section referred to as the ``Inspector General'')
shall, in an annual report to Congress or as part of
the year-end semiannual report required by section 5 of
the Inspector General Act of 1978 (5 U.S.C. App.),
describe the proposals received under clauses (i) and
(ii) of subparagraph (A) and explain which proposals
were included in the publication described in
subparagraph (B), which proposals were not included in
that publication, and the reasons for the rejection of
the proposals that were not included.
(2) Criteria for modifying and establishing safe harbors.--
In modifying and establishing safe harbors under paragraph
(1)(B), the Secretary may consider the extent to which
providing a safe harbor for the specified payment practice may
result in any of the following:
(A) An increase or decrease in access to health
care services.
(B) An increase or decrease in the quality of
health care services.
(C) An increase or decrease in patient freedom of
choice among health care providers.
(D) An increase or decrease in competition among
health care providers.
(E) An increase or decrease in the ability of
health care facilities to provide services in medically
underserved areas or to medically underserved
populations.
(F) An increase or decrease in the cost to
Government health care programs.
(G) An increase or decrease in the potential
overutilization of health care services.
(H) The existence or nonexistence of any potential
financial benefit to a health care professional or
provider which may vary based on their decisions of--
(i) whether to order a health care item or
service; or
(ii) whether to arrange for a referral of
health care items or services to a particular
practitioner or provider.
(I) Any other factors the Secretary deems
appropriate in the interest of preventing fraud and
abuse in Government health care programs.
(b) Interpretive Rulings.--
(1) In general.--
(A) Request for interpretive ruling.--Any person
may present, at any time, a request to the Inspector
General for a statement of the Inspector General's
current interpretation of the meaning of a specific
aspect of the application of sections 1128A and 1128B
of the Social Security Act (hereafter in this section
referred to as an ``interpretive ruling'').
(B) Issuance and effect of interpretive ruling.--
(i) In general.--If appropriate, the
Inspector General shall in consultation with
the Attorney General, issue an interpretive
ruling in response to a request described in
subparagraph (A). Interpretive rulings shall
not have the force of law and shall be treated
as an interpretive rule within the meaning of
section 553(b) of title 5, United States Code.
All interpretive rulings issued pursuant to
this provision shall be published in the
Federal Register or otherwise made available
for public inspection.
(ii) Reasons for denial.--If the Inspector
General does not issue an interpretive ruling
in response to a request described in
subparagraph (A), the Inspector General shall
notify the requesting party of such decision
and shall identify the reasons for such
decision.
(2) Criteria for interpretive rulings.--
(A) In general.--In determining whether to issue an
interpretive ruling under paragraph (1)(B), the
Inspector General may consider--
(i) whether and to what extent the request
identifies an ambiguity within the language of
the statute, the existing safe harbors, or
previous interpretive rulings; and
(ii) whether the subject of the requested
interpretive ruling can be adequately addressed
by interpretation of the language of the
statute, the existing safe harbor rules, or
previous interpretive rulings, or whether the
request would require a substantive ruling not
authorized under this subsection.
(B) No rulings on factual issues.--The Inspector
General shall not give an interpretive ruling on any
factual issue, including the intent of the parties or
the fair market value of particular leased space or
equipment.
(c) Special Fraud Alerts.--
(1) In general.--
(A) Request for special fraud alerts.--Any person
may present, at any time, a request to the Inspector
General for a notice which informs the public of
practices which the Inspector General considers to be
suspect or of particular concern under section 1128B(b)
of the Social Security Act (42 U.S.C. 1320a-7b(b))
(hereafter in this subsection referred to as a
``special fraud alert'').
(B) Issuance and publication of special fraud
alerts.--Upon receipt of a request described in
subparagraph (A), the Inspector General shall
investigate the subject matter of the request to
determine whether a special fraud alert should be
issued. If appropriate, the Inspector General shall in
consultation with the Attorney General, issue a special
fraud alert in response to the request. All special
fraud alerts issued pursuant to this subparagraph shall
be published in the Federal Register.
(2) Criteria for special fraud alerts.--In determining
whether to issue a special fraud alert upon a request described
in paragraph (1), the Inspector General may consider--
(A) whether and to what extent the practices that
would be identified in the special fraud alert may
result in any of the consequences described in
subsection (a)(2); and
(B) the volume and frequency of the conduct that
would be identified in the special fraud alert. | Directs the Secretary of Health and Human Services (HHS) annually to publish in the Federal Register a notice soliciting proposals for: (1) modifications to existing safe harbors issued pursuant to the Medicare and Medicaid Patient and Program Protection Act of 1987; (2) additional safe harbors specifying payment practices that shall not be treated as criminal offenses or serve as the basis for an exclusion; and (3) certain interpretive rulings and special fraud alerts. Prescribes the rulemaking process to follow, including criteria for modifying and establishing safe harbors.
Authorizes any person to present, at any time, a request to the Inspector General of HHS for: (1) a statement (interpretive ruling) of the current interpretation of the meaning of a specific aspect of Social Security Act civil and criminal prohibitions with respect to Medicare and Medicaid; and (2) a notice (special fraud alert) which informs the public of practices considered suspect or of particular concern under specified kickback, bribe, or rebate prohibitions. Specifies criteria for such rulings and alerts. | {"src": "billsum_train", "title": "A bill to require the Secretary of Health and Human Services to provide health care fraud and abuse guidance, and for other purposes."} | 1,637 | 226 | 0.582236 | 1.768293 | 0.84101 | 3.592965 | 7.472362 | 0.899497 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Headwaters Forest Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that:
(1) Redwoods are a significant national symbol and a
defining symbol of the State of California.
(2) Old growth redwood trees are a unique and irreplaceable
natural resource.
(3) Most of the Nation's old growth forests have been cut.
Less than 5 percent of the original 2,000,000 acre Coast
redwoods remain standing. The groves that are left are crucial
to maintain habitat needed for survival of old-growth dependent
species. The Headwaters Forest, for example, is home to one of
California's three largest population of marbled murrelets,
rare sea birds that nest only in coastal old growth trees; the
Northern Spotted Owl; and native salmon stocks that spawn in
the Forest's creeks.
(4) The remaining unprotected stands of old growth forests
and old growth redwoods are under immediate threat of being
harvested without regard to their ecological importance and
without following Federal timber harvest guidelines.
(5) Significant amounts of old growth redwoods in the
proposed National Forest additions are being cut at a pace that
is based on paying high interest rates on poor quality bonds
and not at a pace that is based on sound forest management
practices.
(6) The continued fragmentation and loss of irreplaceable
ecosystems creates an urgent need to develop creative solutions
to achieve the long-term benefits of permanent protection and
preservation.
(b) Purpose.--The purpose of this Act is to provide for the sound
management and protection of old growth Redwood forest areas in
Humboldt County, California, and to preserve and enhance habitat for
the marbled murrelet, Northern Spotted owl, native salmon stocks, and
other old growth forest dependent species, by adding certain lands and
waters to the Six Rivers National Forest and by including a portion of
such lands in the national wilderness preservation system.
(c) Definitions.--For purposes of this Act:
(1) The terms ``Six Rivers National Forest Addition'' and
``Headwaters Forest'' mean the area authorized for land
acquisition activities under section 3, as depicted on the map
described in section 3(b)(1).
(2) The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. ADDITION TO SIX RIVERS NATIONAL FOREST.
(a) Modification of Boundaries.--Effective upon the consummation of
a land acquisition conducted as provided in subsection (b), the
Secretary of Agriculture shall modify the exterior boundaries of the
Six Rivers National Forest in the State of California to include the
acquired lands.
(b) Acquisition of Land.--
(1) Area for acquisition activities.--The Secretary may
acquire lands and interests in land within the boundaries of an
area comprising approximately 44,000 acres, as generally
depicted on the map entitled ``Six Rivers National Forest
Addition proposed'' and dated June 1993, for inclusion in the
Six Rivers National Forest under subsection (a). The map shall
be on file and available for public inspection in the offices
of the Forest Supervisor, Six Rivers National Forest, and in
the offices of the Chief of the Forest Service, Department of
Agriculture.
(2) Manner of conducting acquisition.--Lands and interests
in lands within the Six Rivers National Forest Addition may be
acquired by the Secretary only by donation, by purchase with
donated or appropriated funds, or by exchange.
(3) Special rule for federal transfers.--For purposes of
making an exchange under paragraph (2), excess or surplus lands
under the jurisdiction of any other department, agency, or
instrumentality of the United States may be transferred,
subject to the advance approval of the transfer by law, to the
administrative jurisdiction of the Secretary if the Secretary
identifies the lands as suitable for use in making an exchange.
To facilitate the approval of a transfer of lands under this
paragraph, the Secretary shall submit to the Committee on
Agriculture and the Committee on Natural Resources of the House
of Representatives and to the Committee on Agriculture,
Nutrition, and Forestry of the Senate proposed legislation in
connection with the proposed transfer. The transfer of lands
under this paragraph shall be made without compensation to the
transferring department, agency, or instrumentality.
(4) Acquisition of certain lands outside addition.--When a
tract of land proposed to be acquired is only partly within the
Six Rivers National Forest Addition, the Secretary may acquire
all or any portion of the land outside of the Six Rivers
National Forest Addition to minimize the payment of severance
costs. Land acquired outside of the boundaries may be exchanged
by the Secretary for non-Federal lands within the boundaries.
Land acquired outside of the boundaries of the Six Rivers
National Forest Addition under this paragraph and not used for
exchange shall be reported to the Administrator of the General
Services Administration for disposal under the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.).
(5) Special rule for state or local government lands.--
Lands and interests in lands within the boundaries of the Six
Rivers National Forest Addition that are owned by the State of
California or any political subdivision thereof, may be
acquired only by donation or exchange.
(6) Acceptance and use of funds.--The Secretary may accept
from the State of California funds to cover the cost of
acquiring lands within the Six Rivers National Forest Addition.
Notwithstanding any other provision of law, the Secretary may
retain and expend such funds for purposes of such acquisition.
Such funds shall be available for such purpose without further
appropriation and without fiscal year limitation.
(c) Land Acquisition Plan.--The Secretary shall develop and
implement, within 6 months after the date of the enactment of this Act,
a land acquisition plan that contains specific provisions addressing
how and when lands will be acquired under subsection (b). The plan
shall give priority first to the acquisition of lands within the Six
Rivers National Forest Addition proposed for inclusion in the National
Wilderness Preservation System. The plan shall include an analysis of
the possibilities for acquisition through means other than the
expenditure of funds, including the use of excess and surplus Federal
properties. The Secretary shall identify and list these properties. The
Secretary shall submit copies of the plan to the Committee on Natural
Resources, the Committee on Agriculture, and the Committee on
Appropriations of the House of Representatives and to the Committee on
Energy and Natural Resources, the Committee on Agriculture, Nutrition,
and Forestry, and the Committee on Appropriations of the Senate.
(d) Authorization of Appropriations; Limitation.--There are
authorized to be appropriated such sums as may be necessary to carry
out this Act; except that the total amount obligated or expended to
acquire lands or interests in lands in the Six Rivers Forest Addition
shall not exceed $200,000,000.
(e) Termination of Acquisition Authority.--Notwithstanding any
other provision of this section, the Secretary may not acquire lands
under the authority of this section after the end of the 10-year period
beginning on the date of the enactment of this Act.
(f) Consent of Owner Required for Acquisition.--Lands and interests
in lands within the Six Rivers National Forest Addition may not be
acquired by the Secretary for purposes of this Act without the consent
of the owner of the lands. The Secretary may not acquire lands or
interests in lands within the Six Rivers National Forest Addition by
condemnation.
SEC. 4. WILDERNESS AREAS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131-1136), lands in the State of California acquired
under section 3 of this Act which are within the areas generally
depicted on the map referred to in section 3 as the ``Headwaters Forest
Wilderness (Proposed)'' shall be designated as wilderness and therefore
as a component of the National Wilderness Preservation System,
effective upon acquisition under section 3. Such lands shall be known
as the Headwaters Forest Wilderness.
(b) Map and Description.--As soon as practicable after the
inclusion of any lands in the Headwaters Forest Wilderness, the
Secretary shall file a map and a legal description of the area so
included with the Committee on Natural Resources of the House of
Representatives and with the Committee on Energy and Natural Resources
of the Senate. The Secretary may correct clerical and typographical
errors in such legal description and such map. Each such map and legal
description shall be on file and available for public inspection in the
offices of the Forest Supervisor, Six Rivers National Forest, and in
the offices of the Chief of the Forest Service, Department of
Agriculture.
(c) Buffer Zones Not Intended.--The Congress does not intend that
designation of any area as wilderness under this section lead to the
creation of protective perimeters or buffer zones around the wilderness
area. The fact that nonwilderness activities or uses can be seen or
heard from areas within a wilderness shall not, of itself, preclude
such activities or uses up to the boundary of the wilderness area.
(d) State Authority Over Fish and Wildlife.--As provided in section
4(d)(8) of the Wilderness Act, nothing in this Act shall be construed
as affecting the jurisdiction or responsibilities of the State of
California with respect to wildlife and fish in any areas designated by
this Act as wilderness.
SEC. 5. ADMINISTRATION.
(a) Management Plan.--Within 1 year after acquiring all or part of
the lands identified to be acquired in section 3, the Secretary shall
develop a comprehensive management plan for the acquired lands
detailing measures for the preservation of the existing old growth
redwood ecosystems. The management plan shall include each of the
following with respect to the lands so acquired:
(1) Prohibition of the sale of timber from lands within the
old growth redwood groves as depicted generally on the map
referred to in section 3(b)(1). Timber sales in other areas
within the Six Rivers National Forest Addition shall be allowed
consistent with the purposes of this Act and other applicable
Federal laws and regulations.
(2) Measures to restore lands affected by previous timber
harvests to mitigate watershed degradation and impairment of
habitat for the marbled murrelet, northern spotted owl, native
salmon stocks, and other old-growth forest dependent species.
The management plan shall be reviewed and revised each time the land
and resource management plan for the Six Rivers National Forest is
revised or more frequently as necessary to meet the purposes of this
Act.
(b) Applicable Laws and Policies.--(1) The Secretary, acting
through the Chief of the Forest Service, shall administer the lands
acquired under section 3(b) in accordance with the Management Plan,
this Act, and with the other laws, rules, and regulations applicable to
such national forest. In addition, subject to valid existing rights,
any lands acquired and designated as wilderness under section 4(a)
shall also be administered in accordance with the provisions of the
Wilderness Act governing areas designated by that Act as wilderness,
except that any reference in such provisions to the effective date of
the Wilderness Act (or any similar reference) shall be deemed to be a
reference to the date of acquisition of such lands under section 3 of
this Act.
(2) To the maximum extent practicable, all work to implement the
management plan's Restoration Measures shall be performed by unemployed
forest and timber workers, unemployed commercial fishermen, or other
unemployed persons whose livelihood depends on fishery and timber
resources.
(3) In order to facilitate management, the Secretary, acting
through the Chief of the Forest Service may enter into agreements with
the State of California for the management of lands owned by the State
or purchased with State assistance.
SEC. 6. PAYMENTS TO LOCAL GOVERNMENT.
(a) PILT.--Solely for purposes of payments made pursuant to chapter
69 of title 31 of the United States Code, all lands added to the Six
Rivers National Forest by this Act shall be deemed to have been
acquired for the purposes specified in section 6904(a) of such title
31.
(b) 10-Year Payment.--(1) Subject to annual appropriations and the
provisions of subsection (c), for a period of 10 years after
acquisition by the United States of lands added to the Six Rivers
National Forest by this Act, the Secretary, with respect to such
acquired lands, shall make annual payments to Humboldt County in the
State of California in an amount equal to the State of California
Timber Yield Tax revenues payable under the California Revenue and
Taxation Code (sec. 38101 et seq.) in effect as of the date of
enactment of this Act that would have been paid with respect to such
lands if the lands had not been acquired by the United States, as
determined by the Secretary pursuant to this subsection.
(2) The Secretary shall determine the amounts to be paid pursuant
to paragraph (1) of this subsection based on an assessment of a variety
of factors including, but not limited to--
(A) timber actually sold in the subject year from
comparable commercial forest lands of similar soil type, slope
and such determination of appropriate timber harvest levels,
(B) comparable timber size class, age, and quality,
(C) market conditions,
(D) all applicable Federal, State, and local laws and
regulations, and
(E) the goal of sustainable, even-flow harvest or renewable
timber resources.
(c) California Timber Yield Tax.--The amount of State of California
Timber Yield Tax payments paid to Humboldt County in any year pursuant
to the laws of California for timber sold from lands acquired under
this Act shall be deducted from the sums to be paid to Humboldt County
in that year under subsection (b).
(d) 25-Percent Fund.--Amounts paid under subsection (b) with
respect to any land in any year shall be reduced by any amounts paid
under the Act of May 23, 1908 (16 U.S.C. 500) which are attributable to
sales from the same lands in that year.
SEC. 7. FOREST STUDY.
The Secretary shall study the lands within the area comprising
approximately 13,620 acres and generally depicted as ``Study Area'' on
the map referred to in section 3(a). The study shall analyze the area's
potential to be added to the Headwaters Forest and shall identify the
natural resources of the area including the location of old growth
forests, old growth redwood stands, threatened and endangered species
habitat and populations including the northern spotted owl and marbled
murrelet, commercial timber volume, recreational opportunities,
wildlife and fish, watershed management, and the cost of acquiring the
land. Within one year of the date of enactment of this Act, the
Secretary shall submit a report with the findings of the study to the
Committees on Natural Resources, and Agriculture of the United States
House of Representatives and the Committees on Energy and Natural
Resources, and Agriculture, Nutrition, and Forestry of the United
States Senate.
SEC. 8. NO ADVERSE EFFECT ON LANDS UNTIL ACQUIRED.
(a) In General.--Until the lands in the Six River National Forest
Addition are acquired under section 3, the owners of the lands and
their designees shall be entitled to the full and lawful use and
enjoyment of the lands. Nothing in this Act may be--
(1) construed to impose any limitations upon any otherwise
lawful use of the lands by the owners of the lands or their
designees;
(2) construed as authority to defer the submission, review,
approval, or implementation of any timber harvest or similar
plan with respect to any portion of the lands; or
(3) construed to grant a cause of action against the owner
of the lands or their designees.
(b) Voluntary Deferment of Use.--The owners of lands described in
section 3 or their designees may agree of their own accord to defer
some or all lawful enjoyment and use of the land for a certain period
of time.
SEC. 9. SEARCH AND RESCUE OPERATIONS IN SIX RIVERS NATIONAL FOREST.
As provided in section 4(c) of the Wilderness Act (16 U.S.C.
1133(c)), mechanical transport (including motor vehicles, motorized
equipment, and the landing of fixed-wing and rotary aircraft) shall be
permitted anywhere within the boundaries of the Six Rivers National
Forest with respect to any emergency involving the health or safety of
an individual within the national forests.
SEC. 10. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) Sense of Congress.--It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products purchased
with funds made available under this Act should be American-made.
(b) Notice Requirement.--In providing payments under section 6 or
other financial assistance to, or entering into any contract with, any
entity using funds made available under this Act, the Secretary, to the
greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
Passed the House of Representatives September 21, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR. 2866 RFS----2 | Headwaters Forest Act - Requires the Secretary of Agriculture to modify the boundaries of the Six Rivers National Forest, California, to include certain lands acquired under this Act and referred to as the Six Rivers National Forest Addition. Authorizes the Secretary to acquire land, with the owner's consent, within the boundaries of the Addition by donation, by purchase, or by exchange for other excess or surplus lands under the jurisdiction of any other department, agency, or instrumentality of the United States (subject to the advance approval of the transfer of such lands by law to the administrative jurisdiction of the Secretary if the Secretary identifies the lands as suitable for use in making an exchange). Prohibits the Secretary from acquiring such lands by condemnation. Directs the Secretary to develop and implement a land acquisition plan giving priority to the acquisition of lands within the boundaries of the Addition. Authorizes appropriations. Terminates the Secretary's authority to acquire lands under this Act after the end of the ten-year period beginning on the enactment of this Act. Designates acquired lands in California which are within the Headwaters Forest Wilderness as a component of the National Wilderness Preservation System. Requires the Secretary to develop a comprehensive management plan for the acquired lands detailing measures for the preservation of the existing old growth redwood ecosystems, including: (1) a prohibition on timber sales from lands within the old growth redwood groves in the Addition; and (2) measures to restore lands affected by previous timber harvests to mitigate watershed degradation and impairment of habitat for the marbled murrelet, northern spotted owl, native salmon stocks, and other old-growth forest dependent species. Sets forth provisions regarding payments to local governments in lieu of taxes for lands acquired under this Act. Directs the Secretary to analyze an area's potential to be added to the Addition, to identify the area's natural resources, to study the watershed management of the area and the cost of acquiring the land, and to report the results to specified congressional committees. Provides that until the lands in the Addition are acquired under this Act, the owners of the lands shall be entitled to full and lawful use and enjoyment of the lands. Declares that nothing in this Act shall be construed: (1) to impose any limitations upon any otherwise lawful use of the lands by the owners; (2) as authority to defer the submission, review, approval, or implementation of any timber harvest or similar plan with respect to any portion of the lands; or (3) to grant a cause of action against the owner of the lands. Allows the owners of such lands to agree of their own accord to defer some or all lawful enjoyment and use of the land for a certain period of time. Permits mechanical transport anywhere within the boundaries of the Forest with respect to any health or safety emergency. Expresses the sense of the Congress that only American-made equipment and products should be purchased with funds made available under this Act. Requires the Secretary to notify entities of this congressional statement when providing payments under this Act. | {"src": "billsum_train", "title": "Headwaters Forest Act"} | 3,825 | 683 | 0.611986 | 2.041054 | 0.625183 | 5.149915 | 5.913118 | 0.938671 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Fish and Wildlife
Foundation Reauthorization Act of 2013''.
SEC. 2. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) In General.--Section 3 of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3702) is amended--
(1) in subsection (b)--
(A) by striking paragraph (2) and inserting the
following:
``(2) In general.--After consulting with the Secretary of
Commerce and considering the recommendations submitted by the
Board, the Secretary of the Interior shall appoint 28 Directors
who, to the maximum extent practicable, shall--
``(A) be knowledgeable and experienced in matters
relating to conservation of fish, wildlife, or other
natural resources; and
``(B) represent a balance of expertise in ocean,
coastal, freshwater, and terrestrial resource
conservation.''; and
(B) by striking paragraph (3) and inserting the
following:
``(3) Terms.--Each Director (other than a Director
described in paragraph (1)) shall be appointed for a term of 6
years.''; and
(2) in subsection (g)(2)--
(A) in subparagraph (A), by striking ``(A) Officers
and employees may not be appointed until the Foundation
has sufficient funds to pay them for their service.
Officers'' and inserting the following:
``(A) In general.--Officers''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) Executive director.--The Foundation shall
have an Executive Director who shall be--
``(i) appointed by, and serve at the
direction of, the Board as the chief executive
officer of the Foundation; and
``(ii) knowledgeable and experienced in
matters relating to fish and wildlife
conservation.''.
(b) Conforming Amendment.--Section 4(a)(1)(B) of the North American
Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is amended by
striking ``Secretary of the Board'' and inserting ``Executive Director
of the Board''.
SEC. 3. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
Section 4 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3703) is amended--
(1) in subsection (c)--
(A) by striking ``(c) Powers.--To carry out its
purposes under'' and inserting the following:
``(c) Powers.--
``(1) In general.--To carry out the purposes described
in'';
(B) by redesignating paragraphs (1) through (11) as
subparagraphs (A) through (K), respectively, and
indenting appropriately;
(C) in subparagraph (D) (as redesignated by
subparagraph (B)), by striking ``that are insured by an
agency or instrumentality of the United States'' and
inserting ``at 1 or more financial institutions that
are members of the Federal Deposit Insurance
Corporation or the Securities Investment Protection
Corporation'';
(D) in subparagraph (E) (as redesignated by
subparagraph (B)), by striking ``paragraph (3) or (4)''
and inserting ``subparagraph (C) or (D)'';
(E) in subparagraph (J) (as redesignated by
subparagraph (B)), by striking ``; and'' and inserting
a semicolon;
(F) by striking subparagraph (K) (as redesignated
by subparagraph (B)) and inserting the following:
``(K) to receive and administer restitution and
community service payments, amounts for mitigation of
impacts to natural resources, and other amounts arising
from legal, regulatory, or administrative proceedings,
subject to the condition that the amounts are received
or administered for purposes that further the
conservation and management of fish, wildlife, plants,
and other natural resources; and
``(L) to do any and all acts necessary and proper
to carry out the purposes of the Foundation.''; and
(G) by striking the undesignated matter at the end
and inserting the following:
``(2) Treatment of real property.--
``(A) In general.--For purposes of this Act, an
interest in real property shall be treated as including
easements or other rights for preservation,
conservation, protection, or enhancement by and for the
public of natural, scenic, historic, scientific,
educational, inspirational, or recreational resources.
``(B) Encumbered real property.--A gift, devise, or
bequest may be accepted by the Foundation even though
the gift, devise, or bequest is encumbered, restricted,
or subject to beneficial interests of private persons
if any current or future interest in the gift, devise,
or bequest is for the benefit of the Foundation.
``(3) Savings clause.--The acceptance and administration of
amounts by the Foundation under paragraph (1)(K) does not
alter, supersede, or limit any regulatory or statutory
requirement associated with those amounts.'';
(2) by striking subsections (f) and (g); and
(3) by redesignating subsections (h) and (i) as subsections
(f) and (g), respectively.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3709) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) In general.--There are authorized to be appropriated
to carry out this Act for each of fiscal years 2014 through
2019--
``(A) $15,000,000 to the Secretary of the Interior;
``(B) $5,000,000 to the Secretary of Agriculture;
and
``(C) $5,000,000 to the Secretary of Commerce.'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Amounts from federal agencies.--
``(A) In general.--In addition to the amounts
authorized to be appropriated under subsection (a),
Federal departments, agencies, or instrumentalities may
provide Federal funds to the Foundation, subject to the
condition that the amounts are used for purposes that
further the conservation and management of fish,
wildlife, plants, and other natural resources in
accordance with this Act.
``(B) Advances.--Federal departments, agencies, or
instrumentalities may advance amounts described in
subparagraph (A) to the Foundation in a lump sum
without regard to when the expenses for which the
amounts are used are incurred.
``(C) Management fees.--The Foundation may assess
and collect fees for the management of amounts received
under this paragraph.'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``funds'' and inserting ``amounts'';
(ii) by striking ``shall be used'' and
inserting ``may be used''; and
(iii) by striking ``and State and local
government agencies'' and inserting ``, State
and local government agencies, and other
entities''; and
(C) by adding at the end the following:
``(3) Administration of amounts.--
``(A) In general.--In entering into contracts,
agreements, or other partnerships pursuant to this Act,
a Federal department, agency, or instrumentality shall
have discretion to waive any competitive process of
that department, agency, or instrumentality for
entering into contracts, agreements, or partnerships
with the Foundation if the purpose of the waiver is--
``(i) to address an environmental emergency
resulting from a natural or other disaster; or
``(ii) as determined by the head of the
applicable Federal department, agency, or
instrumentality, to reduce administrative
expenses and expedite the conservation and
management of fish, wildlife, plants, and other
natural resources.
``(B) Reports.--The Foundation shall include in the
annual report submitted under section 7(b) a
description of any use of the authority under
subparagraph (A) by a Federal department, agency, or
instrumentality in that fiscal year.''; and
(3) by adding at the end the following:
``(d) Use of Gifts, Devises, or Bequests of Money or Other
Property.--Any gifts, devises, or bequests of amounts or other
property, or any other amounts or other property, transferred to,
deposited with, or otherwise in the possession of the Foundation
pursuant to this Act, may be made available by the Foundation to
Federal departments, agencies, or instrumentalities and may be accepted
and expended (or the disposition of the amounts or property directed),
without further appropriation, by those Federal departments, agencies,
or instrumentalities, subject to the condition that the amounts or
property be used for purposes that further the conservation and
management of fish, wildlife, plants, and other natural resources.''.
SEC. 5. LIMITATION ON AUTHORITY.
Section 11 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3710) is amended by inserting
``exclusive'' before ``authority''. | National Fish and Wildlife Foundation Reauthorization Act of 2013 - Reauthorizes and revises the National Fish and Wildlife Foundation Establishment Act. Increases the number of directors appointed by the Secretary of the Interior to the National Fish and Wildlife Foundation's Board of Directors. Makes uniform the experience required of each such appointee. Requires the Foundation to have an Executive Director who is appointed by the Board and is knowledgeable and experienced in matters relating to fish and wildlife conservation. Gives the Foundation the power to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, as long as the funds are used for the conservation and management of fish, wildlife, plants, and other natural resources. Repeals provisions authorizing the Foundation to establish a national whale conservation endowment fund. Authorizes the Foundation to: (1) assess and collect fees for the management of amounts received from federal agencies; and (2) use such federal funds for matching contributions made by private persons, state and local agencies, and other entities (current law requires such use). Authorizes the Foundation to perform functions that the National Park Foundation is authorized to conduct, unless exclusive authority is given to the National Park Foundation. | {"src": "billsum_train", "title": "National Fish and Wildlife Foundation Reauthorization Act of 2013"} | 2,061 | 270 | 0.562296 | 1.659713 | 0.880954 | 3.647303 | 7.912863 | 0.842324 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Lending and Small Business
Jobs Act of 2013''.
TITLE I--SMALL BUSINESS LEG-UP ACT OF 2013
SEC. 101. SHORT TITLE.
This title may be cited as the ``Small Business Lending to
Entrepreneurs for Growth in Underserved Populations Act of 2013'' or
the ``Small Business Leg-Up Act of 2013''.
SEC. 102. FINDINGS.
The Congress finds the following:
(1) Families and small businesses in under-served areas
have for generations been unable to access affordable credit.
(2) The financial crisis of 2008 only served to exacerbate
efforts by entrepreneurs to access capital for the purpose of
creating jobs and improving economic outcomes in the community.
(3) Small business investments revitalize communities by
creating jobs but also contributing to the local tax base,
which helps finance investments in schools, hospitals,
infrastructure, and public safety.
(4) The Community Development Financial Institutions Fund
is well placed to make careful, targeted investments in
community development financial institutions for the purposes
of improving economic outcomes for underserved families across
America.
(5) Providing the Community Development Financial
Institutions Fund with a robust capital infusion will make
efficient use of taxpayer dollars, by leveraging Federal
investment for the purpose of small business lending.
SEC. 103. TRANSFER OF FUNDS FROM SMALL BUSINESS LENDING FUND TO THE
CDFI FUND.
(a) Unobligated Funds.--On the date of the expiration of the
investment authority described under section 4109(a) of the Small
Business Jobs Act of 2010, the Secretary shall transfer all unobligated
funds in the Small Business Lending Fund to the Community Development
Financial Institutions Fund.
(b) Proceeds.--Section 4103(b)(3) of the Small Business Jobs Act of
2010 is amended to read as follows:
``(3) Proceeds transferred to cdfi fund.--All funds
received by the Secretary in connection with purchases made
pursuant to paragraph (1), including principal, interest
payments, dividend payments, and proceeds from the sale of any
financial instrument, shall be transferred to the Community
Development Financial Institutions Fund.''.
SEC. 104. SMALL BUSINESS CAPITAL INVESTMENT PROGRAM.
(a) In General.--The Riegle Community Development and Regulatory
Improvement Act of 1994 is amended by inserting after section 108 the
following:
``SEC. 108A. SMALL BUSINESS CAPITAL INVESTMENT PROGRAM TO INCREASE
CREDIT AVAILABILITY FOR SMALL BUSINESSES.
``(a) Small Business Revolving Loan Program.--
``(1) In general.--Using amounts described under subsection
(b), the Administrator shall carry out a Small Business Capital
Investment Program (`Program') to make capital investments in
eligible community development financial institutions in order
to increase the availability of credit for small businesses.
``(2) Structure of the program.--To the extent practicable,
the Administrator shall carry out the Program in the same
manner as the Small Business Lending Fund Program authorized
under section 4103(a)(2) of the Small Business Jobs Act of
2010, except that--
``(A) all funds received by the Administrator in
connection with purchases made under the Program,
including principal, interest payments, dividend
payments, and proceeds from the sale of any financial
instrument, shall be deposited into the Fund;
``(B) eligible community development financial
institutions may apply to receive a capital investment
from the Fund in an amount not exceeding 10 percent of
total assets, or such other percentage as the
Administrator determines to be appropriate; and
``(C) the authority to make capital investments in
eligible community development financial institutions
shall continue so long as amounts described under
subsection (b) are available to make such investments.
``(b) Funding.--
``(1) In general.--Notwithstanding any other provision of
this Act, amounts deposited into the Fund pursuant to section
4(a) of the Small Business Leg-Up Act of 2013, section
4103(b)(3) of the Small Business Jobs Act of 2010, or
subsection (a)(2)(A) shall only be available to carry out the
Program established under subsection (a).
``(2) Administration costs.--Interest payments received
under subsection (a)(2)(A) may be used to pay for the
administrative costs of carrying out the Program.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator $4,000,000 to carry out
the Program.
``(c) Rulemaking.--The Administrator may issue such regulations as
the Administrator determines to be appropriate to carry out this
section.
``(d) Eligible Community Development Financial Institution
Defined.--For purposes of this section, the term `eligible community
development financial institution' means a community development
financial institution with assets of $10,000,000,000 or less, as
reported in audited financial statements.''.
(b) Technical Amendment.--The table of contents for the Riegle
Community Development and Regulatory Improvement Act of 1994 is amended
by inserting after the item relating to section 108 the following new
item:
``Sec. 108A. Small Business Capital Investment Program to increase
credit availability for small
businesses.''.
TITLE II--MICROENTERPRISE AND YOUTH ENTREPRENEURSHIP DEVELOPMENT ACT OF
2013
SEC. 201. SHORT TITLE.
This title may be cited as the ``Microenterprise and Youth
Entrepreneurship Development Act of 2013''.
SEC. 202. MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY BUILDING
PROGRAM.
(a) Definitions.--Section 172(5) of the Riegle Community
Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901(5))
is amended--
(1) in subparagraph (B) by striking ``or'' at the end;
(2) in subparagraph (C) by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(D) an entrepreneur that operates a business or
intends to operate a business in an investment area (as
such term is defined in section 103(16) of this
Act).''.
(b) Uses of Assistance.--Section 174 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6903) is
amended--
(1) in paragraph (3) by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) to advertise in print, electronic, and other media
the training and technical assistance provided under paragraph
(1); and''.
(c) Targeted Assistance.--Section 176(b) of the Riegle Community
Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6905(b))
is amended by striking ``50 percent'' and inserting ``60 percent''.
(d) Matching Requirements.--Section 177(c) of the Riegle Community
Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6906(c))
is amended by adding at the end the following:
``(3) Consideration.--In determining whether to reduce or
eliminate matching requirements under paragraph (1), the
Administrator shall consider the impact of the economic crisis
of 2007 through 2009 on the geographic area in which an
applicant operates.''.
(e) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator of the Small Business Administration shall
submit to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report describing recommendations for
improving the application and grant making process of the
microenterprise technical assistance and capacity building grant
program (carried out under subtitle C of title I of the Riegle
Community Development and Regulatory Improvement Act of 1994),
including recommendations, developed in consultation with stakeholders,
for streamlining the application and grant making process of that
program.
(f) Microenterprise Coordinator.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish in the
Small Business Administration the position of Microenterprise
Coordinator.
(2) Duties.--The Microenterprise Coordinator shall--
(A) work to ensure that the contributions of
microenterprises to the economy are maximized;
(B) work to enhance, support, and coordinate the
programs of the Federal Government providing assistance
to microenterprises, including Federal technical
assistance programs;
(C) work to ensure that underserved entrepreneurs
are included in the programs of the Federal Government
providing assistance to microenterprises;
(D) make available to the public annually a
comprehensive list and description of each Federal
program that provides assistance to microenterprises;
and
(E) encourage public-private partnerships that
support entrepreneurship.
(3) Microenterprise defined.--In this subsection, the term
``microenterprise'' has the meaning given that term in section
172(10) of the Riegle Community Development and Regulatory
Improvement Act of 1994 (15 U.S.C. 6901(10)).
SEC. 203. OFFICE OF YOUTH ENTREPRENEURSHIP.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall establish an Office of Youth Entrepreneurship (in
this section referred to as the ``Office'') in the Small Business
Administration.
(b) Director.--The Administrator shall appoint a Director of Youth
Entrepreneurship (in this section referred to as the ``Director'') to
serve as the head of the Office.
(c) Duties.--The Director shall--
(1) carry out the youth entrepreneurship technical
assistance grant program described in subsection (d);
(2) carry out the youth entrepreneurship curriculum grant
program described in subsection (e);
(3) promote the growth of youth entrepreneurship by
establishing public-private partnerships and carrying out
advertising campaigns;
(4) sponsor and support State and national youth
entrepreneurship competitions that raise awareness of the
importance of small business development;
(5) study and promote Federal activities that support
entrepreneurship education; and
(6) support the establishment of public and private youth
entrepreneurship education and mentoring opportunities.
(d) Youth Entrepreneurship Technical Assistance Grant Program.--The
Director shall establish a program under which the Director may make
grants to assist entities, including nonprofit microenterprise
development organizations, to provide individuals under 25 years of age
with technical assistance related to entrepreneurship.
(e) Youth Entrepreneurship Curriculum Grant Program.--
(1) In general.--The Director shall establish a program
under which the Director may make grants to a covered entity to
assist the development, improvement, or implementation of a
youth entrepreneurship curriculum that includes information on
the topics of--
(A) securing capital and borrowing;
(B) business plan conception and drafting;
(C) accounting;
(D) management; and
(E) marketing.
(2) Application process.--To be eligible for a grant
described in paragraph (1), a covered entity shall submit to
the Director an application at such time, in such manner, and
containing such information as the Director may require, except
that the application shall include at least--
(A) a description of the curriculum to be
developed, improved, or implemented;
(B) a description of how grant funds will be used;
(C) a description of goals relating to the use of
grant funds and the curriculum to be developed,
improved, or implemented; and
(D) a description of how progress will be measured
with respect to the goals described in subparagraph
(C).
(3) Covered entity defined.--In this subsection, the term
``covered entity'' means a local educational agency in any of
the several States, the District of Columbia, or a territory or
possession of the United States and a local educational agency
of a federally recognized Indian tribe.
(f) Investment Areas.--
(1) In general.--The Director shall ensure that at least 25
percent of the amounts made available to carry out the Office
each fiscal year are used to assist youth in investment areas.
(2) Investment area defined.--In this subsection, the term
``investment area'' has the meaning given that term in section
103(16) of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4702(16)).
(g) Student Loan Assistance.--Not later than 180 days after the
date of enactment of this Act, the Director, in consultation with the
Secretary of Education, shall submit to Congress a report that includes
detailed recommendations for legislation--
(1) establishing a program to forgive student loans in a
manner that assists youth entrepreneurship by making available
capital for business formation; and
(2) establishing a program to defer student loan repayments
in a manner that assists youth entrepreneurship by making
available capital for business formation.
SEC. 204. GAO STUDY AND REPORT.
(a) Study.--The Comptroller General of the United States shall
conduct a study on--
(1) the economic impact of allowing youth entrepreneurs to
defer student loan repayments to make available capital for
business formation;
(2) the economic impact of increasing the participation of
individuals under 25 years of age in the microloan program of
the Small Business Administration (carried out under section
7(m) of the Small Business Act (15 U.S.C. 636(m)),
notwithstanding the limited collateral and formal business
experience of such individuals;
(3) alternative methods for measuring creditworthiness that
may assist youth entrepreneurship; and
(4) actions Congress should consider to promote youth
entrepreneurship.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Small Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate a report on the
results of the study conducted under subsection (a). | Community Lending and Small Business Jobs Act of 2013 - Small Business Lending to Entrepreneurs for Growth in Underserved Populations Act of 2013 or the Small Business Leg-Up Act of 2013 - Requires, upon the expiration of investment authority for the Small Business Lending Fund Program provided in the Small Business Jobs Act of 2010, that all unobligated funds in the Small Business Lending Fund be transferred to the Community Development Financial Institutions (CDFI) Fund. Directs that all funds received in connection with certain purchases of preferred stock and other financial instruments pursuant to such authority be transferred to the CDFI Fund. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to direct the Administrator of the CDFI Fund to carry out a Small Business Capital Investment (SBCI) Program (a small business revolving loan program) to continue making capital investments in eligible community development financial institutions in order to increase the availability of credit for small businesses. Requires that: (1) all funds the CDFI Fund Administrator receives in connection with SBCI Program purchases be deposited in the CDFI Fund, and (2) the authority to make such capital investments continue so long as specified funding amounts are available. Allows eligible community development financial institutions (with maximum assets of $10 billion as reported in audited financial statements) to apply to receive a capital investment of up to 10% of total assets, or another appropriate percentage determined by the CDFI Fund Administrator. Directs the CDFI Fund Administrator, to the extent practicable and except as otherwise provided, to carry out the SBCI Program in the same manner as the Small Business Lending Fund Program. Microenterprise and Youth Entrepreneurship Development Act of 2013 - Expands the definition of "disadvantaged entrepreneur," for purposes of the microenterprise technical assistance and capacity building grant program, to include a microentrepreneur operating or intending to operate a business in an investment area. Increases to 60% (currently, 50%) the minimum percentage of such grants required to be used to benefit very low-income persons, including those residing on Indian reservations. Requires the Administrator of the Small Business Administration (SBA) to consider the impact of the 2007-2009 economic crisis on an applicant's geographic area when deciding whether to reduce or eliminate matching requirements for applicants with severe constraints on available funding sources. Directs the SBA Administrator to establish an SBA Microenterprise Coordinator position. Requires the SBA Administrator to establish an Office of Youth Entrepreneurship and appoint a Director to carry out: (1) the youth entrepreneur technical assistance grant program to make grants to assist entities, including nonprofit microenterprise development organizations, to provide individuals under 25 years of age with technical assistance related to entrepreneurship; and (2) the youth entrepreneurship curriculum grant program to make grants to applying local educational agencies of states and federally recognized Indian tribes. | {"src": "billsum_train", "title": "Community Lending and Small Business Jobs Act of 2013"} | 3,150 | 620 | 0.648667 | 2.235011 | 0.742961 | 3.391304 | 5.296786 | 0.869565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tip Credit Protection Act of 1999''.
SEC. 2. PREEMPTION.
Section 18 of the Fair Labor Standards Act of 1938 (29 U.S.C. 218)
is amended by adding at the end the following:
``(c) No law, ordinance, regulation, or order established or
enforced by a State or political subdivision of a State shall--
``(1) preclude a tip credit, or
``(2) prohibit an employer from applying a tip credit,
as authorized by section 3(m) if the employer pays cash wages to tipped
employees that are not less than the minimum cash wage required by such
law, ordinance, regulation, or order of a State or political
subdivision of a State on the date of the enactment of this
subsection.''.
SEC. 3. TIPS RECEIVED FOR CERTAIN SERVICES NOT SUBJECT TO INCOME OR
EMPLOYMENT TAXES.
(a) In General.--Section 102 of the Internal Revenue Code of 1986
(relating to gifts and inheritances) is amended by adding at the end
the following new subsection:
``(d) Tips Received for Certain Services.--
``(1) In general.--For purposes of subsection (a), tips
received by an individual for qualified services performed by
such individual shall be treated as property transferred by
gift.
``(2) Qualified services.--For purposes of this subsection,
the term `qualified services' means cosmetology, hospitality
(including lodging and food and beverage services), recreation,
taxi, newspaper deliveries and shoe shine services.
``(3) Annual limit.--The amount excluded from gross income
for the taxable year by reason of paragraph (1) with respect to
each service provider shall not exceed $10,000.
``(4) Employee taxable on at least minimum wage.--Paragraph
(1) shall not apply to tips received by an employee during any
month to the extent that such tips--
``(A) are deemed to have been paid by the employer
to the employee pursuant to section 3121(q) (without
regard to whether such tips are reported under section
6053), and
``(B) do not exceed the excess of--
``(i) the minimum wage rate applicable to
such individual under section 6(a)(1) of the
Fair Labor Standards Act of 1938 (determined
without regard to section 3(m) of such Act),
over
``(ii) the amount of the wages (excluding
tips) paid by the employer to the employee
during such month.
``(5) Tips.--For purposes of this title, the term `tips'
means a gratuity paid by an individual for services performed
for such individual (or for a group which includes such
individual) by another individual if such services are not
provided pursuant to an employment or similar contractual
relationship between such individuals.''
(b) Exclusion From Social Security Taxes.--
(1) Paragraph (12) of section 3121(a) of such Code is
amended to read as follows:
``(12)(A) tips paid in any medium other than cash;
``(B) cash tips received by an employee in any calendar
month in the course of his employment by an employer unless the
amount of such cash tips is $20 or more and then only to the
extent includible in gross income after the application of
section 102(d);''.
(2) Paragraph (10) of section 209(a) of the Social Security
Act is amended to read as follows:
``(10)(A) tips paid in any medium other than cash;
``(B) cash tips received by an employee in any calendar
month in the course of his employment by an employer unless the
amount of such cash tips is $20 or more and then only to the
extent includible in gross income after the application of
section 102(d) of the Internal Revenue Code of 1986 for such
month;''.
(3) Paragraph (3) of section 3231(e) of such Code is
amended to read as follows:
``(3) Solely for purposes of the taxes imposed by section
3201 and other provisions of this chapter insofar as they
relate to such taxes, the term `compensation' also includes
cash tips received by an employee in any calendar month in the
course of his employment by an employer if the amount of such
cash tips is $20 or more and then only to the extent includible
in gross income after the application of section 102(d).''.
(c) Exclusion From Unemployment Compensation Taxes.--Subsection (s)
of section 3306 of such Code is amended to read as follows:
``(s) Tips Not Treated as Wages.--For purposes of this chapter, the
term `wages' shall include tips received in any month only to the
extent includible in gross income after the application of section
102(d) for such month.''
(d) Exclusion From Wage Withholding.--Paragraph (16) of section
3401(a) of such Code is amended to read as follows:
``(16)(A) as tips in any medium other than cash;
``(B) as cash tips to an employee in any calendar month in
the course of his employment by an employer unless the amount
of such cash tips is $20 or more and then only to the extent
includible in gross income after the application of section
102(d);''
(e) Conforming Amendment.--Sections 32(c)(2)(A)(i) and 220(b)(4)(A)
of such Code are each amended by striking ``tips'' and inserting ``tips
to the extent includible in gross income after the application of
section 102(d))''.
(f) Effective Date.--The amendments made by this section shall
apply to tips received after the calendar month which includes the date
of the enactment of this Act. | Amends the Internal Revenue Code to treat as gift transfers and exclude from gross income and social security and unemployment taxes up to $10,000 annually in tips from qualified services (cosmetology, hospitality, recreation, taxi, newspaper delivery, and shoe shine services). | {"src": "billsum_train", "title": "Tip Credit Protection Act of 1999"} | 1,308 | 53 | 0.528997 | 1.421544 | 0.751838 | 1.918367 | 24.244898 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Lending and Credit
Availability Act of 1993''.
SEC. 2. LOAN GUARANTEES IN QUALIFIED STATES.
(a) Participation Authority.--Section 7(a) of the Small Business
Act (15 U.S.C. 636(a)) is amended by adding at the end the following
new paragraph:
``(22) Loan guarantees in `qualified states'.--
``(A) In general.--The Administration shall
participate in loans to small business concerns located
in qualified States on a guaranteed basis in accordance
with the provisions of this subsection, except as
otherwise specifically provided in this paragraph.
``(B) Guarantee amounts.--The Administration shall
participate in loans to small business concerns located
in qualified States on a guaranteed basis in an amount
equal to--
``(i) not less than 90 percent of the
balance of any loan outstanding at the time of
disbursement, if the loan is not less than
$200,000, nor more than $500,000; and
``(ii) not less than 95 percent of the
balance outstanding at the time of
disbursement, if such loan is less than
$200,000.
``(C) Temporary exemption from guarantee fees.--The
Administration may not collect a guarantee fee from the
lending institution or the borrower in connection with
participation in a loan on a guaranteed basis in
accordance with this paragraph during the first 2 years
of such participation. During the third, fourth, and
fifth years of participation, such fees may be
collected in an amount equal to not more than 1 percent
of the outstanding balance of the guaranteed amount.
The fee shall be payable by the participating lending
institution, and may be charged to the borrower.
``(D) In order to encourage lending institutions
and other entities making loans authorized under this
subsection to provide loans to small business concerns
located in qualified States, such lenders may retain
one-half of any fee collected pursuant to subparagraph
(C) on loans of not more than $200,000. A participating
lender may not retain any fee pursuant to this
subparagraph if the amount committed and outstanding to
the small business concern would be more than $200,000,
unless the amount in excess of $200,000 is an amount
that is not approved under the provisions of this
paragraph.
``(E) Definitions.--For purposes of this
paragraph--
``(i) the term `qualified State' means any
of the several States of the United States and
the District of Columbia if, during the 12-
month period preceding the date of enactment of
this paragraph--
``(I) not less than 1 insured
depository institution located in that
State having total assets of not less
than $100,000,000 has been closed due
to the inability to meet the demands of
depositors; or
``(II) not less than 2 insured
depository institutions located in that
State, having combined total assets of
not less than $150,000,000, have been
closed due to the inability to meet the
demands of depositors; and
``(ii) the term `insured depository
institution'--
``(I) has the same meaning as in
section 3 of the Federal Deposit
Insurance Act; and
``(II) includes an insured credit
union, as defined in section 101 of the
Federal Credit Union Act.''.
(b) Conforming Amendments.--Section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) is amended--
(1) in paragraph (6)(A), by inserting ``or loans to assist
small business concerns located in qualified States, in
accordance with paragraph (22),'' before ``any reasonable
doubt''; and
(2) in the first sentence of paragraph (18), by inserting
before the period ``, except as otherwise provided in paragraph
(22)''.
SEC. 3. PROGRAM DURATION.
This Act, and the amendments made by this Act, shall remain in
effect for a period of 5 years, beginning on the date of enactment of
this Act. | Small Business Lending and Credit Availability Act of 1993 - Amends the Small Business Act to direct the Small Business Administration (SBA) to participate in loans to small businesses located in States in which one or more insured depository institutions have been closed due to inability to meet depositor demands. Directs the SBA to guarantee 90 percent of any such loan for amounts between $200,000 and $500,000, and 95 percent of any such loan for amounts less than $200,000. Prohibits the SBA from collecting a guarantee fee from the lending institution or the borrower for such loan participation during the first two years of such participation, with a one percent (of the loan) fee permitted for the third through fifth years. Authorizes lenders to retain one-half of any fee so collected in order to encourage lenders to provide loans to small businesses located in areas of failed depository institutions. Limits the loan participation program to five years. | {"src": "billsum_train", "title": "Small Business Lending and Credit Availability Act of 1993"} | 903 | 195 | 0.634547 | 1.835169 | 0.744242 | 2.210227 | 4.789773 | 0.846591 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Misclassification
Prevention Act''.
SEC. 2. CLASSIFICATION OF EMPLOYEES AND NON-EMPLOYEES.
(a) Recordkeeping and Notice Requirements.--Section 11(c) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended--
(1) by striking ``Every employer'' and inserting ``(1)
Every employer'';
(2) by striking ``the persons employed by him'' and
inserting ``(A) the persons employed by such employer'';
(3) by striking ``maintained by him'' and inserting ``, (B)
the individuals who are not employees of the employer (within
the meaning of section 3(g)) but with whom the employer, in the
course of the trade or business in which the employer is
engaged, has engaged for the performance of labor or services,
and of the remuneration relating to the performance of labor or
services by such individuals, and (C) the notices required
under paragraph (3),''; and
(4) by inserting at the end the following:
``(2) All records under this subsection shall contain an accurate
classification of the status of each individual described in paragraph
(1) as either an employee of the employer (within the meaning of
section 3(g)) or a non-employee engaged by the employer for the
performance of labor or services.
``(3)(A) Every employer subject to any provision of this Act or any
order issued under this Act shall provide the notice described in
subparagraph (C) to each employee of the employer and each individual
classified under paragraph (2) as a non-employee engaged by the
employer for the performance of labor or services.
``(B) Such notice shall be provided, at minimum, not later than 6
months after the date of enactment of the Employee Misclassification
Prevention Act, and thereafter for new employees, upon employment, and
for non-employees engaged for the performance of labor or services,
upon commencement of the services subject to such contract. Every
employer shall also provide such notice to any individual upon changing
such individual's status as an employee or non-employee under paragraph
(2).
``(C) The notice required under this paragraph shall be in writing
and shall--
``(i) inform the individual of the employer's
classification of the individual as an employee or a non-
employee under paragraph (2);
``(ii) include a statement directing such individual to a
Department of Labor website established for the purpose of
providing further information about the rights of employees
under the law;
``(iii) include the address and telephone number for the
applicable local office of the Federal Department of Labor;
``(iv) include for those individuals classified by the
employer as a non-employee under paragraph (2), the following
statement: `Your rights to wage, hour, and other labor
protections depend upon your proper classification as an
employee or non-employee. If you have any questions or concerns
about how you have been classified or suspect that you may have
been misclassified, contact the U.S. Department of Labor.'; and
``(v) include such additional information as the Secretary
shall prescribe by regulation.''.
(b) Special Prohibited Act.--Section 15(a) of such Act is amended
by adding at the end the following:
``(6) to fail to accurately classify an individual in
accordance with section 11(c).''.
(c) Special Penalty for Certain Recordkeeping and Notice
Violations.--Section 16 of the Fair Labor Standards Act of 1938 (29
U.S.C. 216) is amended--
(1) in subsection (b)--
(A) in the third sentence, by striking ``either of
the preceding sentences'' and inserting ``any of the
preceding sentences''; and
(B) by inserting after the first sentence the
following: ``Such liquidated damages are doubled
(subject to section 11 of the Portal-to-Portal Pay Act
of 1947 (29 U.S.C. 260)) where, in addition to
violating the provisions of section 6 or 7, the
employer has violated the provisions of section
15(a)(6) with respect to such employee or employees.'';
and
(2) in subsection (e), after the first sentence in the
matter preceding paragraph (1), by inserting the following:
``Any person who repeatedly or willfully violates section
15(a)(6) shall be subject to a civil penalty of not to exceed
$10,000 for each such violation.''.
(d) Employee Rights Website.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Labor shall establish, for
purposes of section 11(c)(3)(C)(ii) of the Fair Labor Standards Act of
1938 (as added by this Act), a single web page on the Department of
Labor website that summarizes in plain language the rights of employees
under the Fair Labor Standards Act and other Federal laws. Such web
page shall contain appropriate links to additional information on the
Department of Labor website or other Federal agency websites, including
wage and hour complaint forms, along with a statement explaining that
employees may have additional or greater rights under State or local
laws and how employees may obtain additional information about their
rights under State or local laws. Such web page shall be made available
in English and any other languages which the Secretary determines to be
prevalent among individuals likely to access the web page. The
Secretary shall coordinate with other relevant Federal agencies in
order to provide similar information (or a link to the Department of
Labor web page required by this subsection) on the websites of such
other agencies.
SEC. 3. MISCLASSIFICATION OF EMPLOYEES FOR UNEMPLOYMENT COMPENSATION
PURPOSES.
(a) In General.--Section 303(a) of the Social Security Act (42
U.S.C. 503(a)) is amended--
(1) in paragraph (10), by striking the period and inserting
``; and''; and
(2) by adding after paragraph (10) the following:
``(11)(A) Such auditing and investigative programs as may
be necessary to identify employers that have not registered
under the State law or that are paying unreported compensation,
where these actions or omissions by the employers have the
effect of excluding employees from unemployment compensation
coverage; and
``(B) The making of quarterly reports to the Secretary of
Labor (in such form as the Secretary of Labor may require)
describing the results of programs under subparagraph (A); and
``(12) The establishment of administrative penalties for
misclassifying employees, or paying unreported compensation to
employees without proper recordkeeping, for unemployment
compensation purposes.''.
(b) Review of Auditing Programs.--The Secretary of Labor shall
include, in the Department of Labor's system for measuring States'
performance in conducting unemployment compensation tax audits, a
specific measure of their effectiveness in identifying the
underreporting of wages and the underpayment of unemployment
compensation tax contributions (including their effectiveness in
identifying instances of such underreporting or underpayments despite
the absence of cancelled checks, original time sheets, or other similar
documentation).
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall take effect 12 months
after the date of the enactment of this Act.
(2) Exception.--If the Secretary of Labor finds that
legislation is necessary in order for the unemployment
compensation law of a State to comply with the amendments made
by subsection (a), such amendments shall not apply with respect
to such law until the later of--
(A) the day after the close of the first session of
the legislature of such State which begins after the
date of the enactment of this Act; or
(B) 12 months after the date of the enactment of
this Act.
(d) Definitions.--For purposes of this section--
(1) the term ``State'' has the meaning given such term by
section 3306(j) of the Internal Revenue Code of 1986 (26 U.S.C.
3306(j)); and
(2) the term ``session'', as used with respect to a State
legislature, means a regular, special, budget, or other session
of such legislature.
SEC. 4. DEPARTMENT OF LABOR COORDINATION AND REFERRAL.
Notwithstanding any other provision of law, any office,
administration, or division of the Department of Labor that, while in
the performance of its official duties, obtains information regarding
the misclassification by an employer of any individual regarding
whether such individual is an employee or a non-employee contracted for
the performance of services for purposes of section 6 or 7 of the Fair
Labor Standards Act or in records required under section 11(c) of such
Act, shall report such information to the Employment Standards
Administration of the Department. The Employment Standards
Administration may report such information to the Internal Revenue
Service as the Administration considers appropriate.
SEC. 5. TARGETED AUDITS.
The Secretary of Labor shall ensure that at least 25 percent of the
audits of employers subject to the Fair Labor Standards Act that are
conducted by the Wage and Hour Division of the Department of Labor are
focused on potential violations of the recordkeeping requirements of
section 11(c) of such Act (29 U.S.C. 211(c)) (as amended by this Act).
Such Division shall focus such audits on employers in industries with
frequent incidence of misclassifying employees as non-employees, as
determined by the Secretary. | Employee Misclassification Prevention Act - Amends the Fair Labor Standards Act of 1938 to require every employer to: (1) keep records of non-employees (contractors) who perform labor or services (except substitute work) for remuneration; and (2) provide certain notice to each employee and non-employee, including their classification as an employee or non-employee and information concerning their rights under the law.
Makes it unlawful for any person to fail to accurately classify an employee or non-employee.
Doubles the amount of liquidated damages for maximum hours, minimum wage, and notice of classification violations by an employer. Subjects a person who repeatedly or willfully violates such notice requirements to a civil penalty not to exceed $10,000 for each violation.
Directs the Secretary of Labor to establish a web page on the Department of Labor website that summarizes the rights of employees under the Fair Labor Standards Act and other federal laws.
Requires, as a condition for a federal grant for the administration of state unemployment compensation, for the state's unemployment compensation law to include a provision for: (1) auditing programs that identify employers that have not registered under the state law or that are paying unreported compensation where the effect is to exclude employees from unemployment compensation coverage; and (2) establishing administrative penalties for misclassifying employees or paying unreported unemployment compensation to employees.
Requires any office, administration, or division of the Department of Labor to report any misclassification of an employee by an employer that it discovers to the Department's Employment Standards Administration (ESA). Authorizes the ESA to report such information to the Internal Revenue Service (IRS). | {"src": "billsum_train", "title": "A bill to amend the Fair Labor Standards Act to require employers to keep records of non-employees who perform labor or services for remuneration and to provide a special penalty for employers who misclassify employees as non-employees, and for other purposes."} | 2,158 | 370 | 0.543457 | 1.634395 | 0.727302 | 3.314286 | 6.253968 | 0.907937 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) California's rapid population growth and the lack of
understanding about the environmental impacts of this growth
have caused a number of serious present and potential barriers
to future economic development of California.
(2) California has great environmental complexity and
diversity and a great variety of human interventions in its
ecosystem.
(3) Future environmental policies for California must be
informed by careful cost-benefit analysis that considers the
serious risks, and the benefits, of environmental policy.
(4) The California Urban Environmental Research and
Education Center promotes coordination of and collaboration on
environmentally sound economic development in California and
ensures that continued sustainable economic development can
occur.
(5) Due to the closing of many military facilities and
installations in California, such Center can provide important
assistance to the process of converting defense resources to
non-defense uses.
(6) The Center is in a position to develop model incentives
and remove market barriers so as to motivate greater private
sector involvement and investment in the solution of
environmental problems.
SEC. 2. CENTER.
(a) Support.--The Administrator of the Environmental Protection
Agency shall continue to support the development and expansion of the
California Urban Environmental Research and Education Center.
(b) Cooperative Agreement.--
(1) Authority.--If the California State University, Hayward
consents and provides the matching funds required by paragraph
(2), the Administrator shall enter into a series of cooperative
agreements with the California State University, Hayward to
provide continuing support for the Center. The California State
University, Hayward shall work in close cooperation with the
other universities of the California State University system
(including the California State Universities at Sacramento, San
Jose, San Francisco, and Sonoma) in the research and policy
analysis performed under any such cooperative agreement.
(2) Matching funds.--In any cooperative agreement described
in paragraph (1), the California State University, Hayward,
shall guarantee matching funds or in-kind resources equal to 20
percent of the funds received by the Center from the
Administrator. The Center and the California State University,
Hayward shall, to the maximum extent practicable, solicit
additional funds or in-kind contributions from State, local,
and private sector sources to increase the ability of the
Center to conduct applied research and education projects under
this Act.
(3) Membership.--A university in the California State
University system or a university in California which is not a
university in the California State University system may become
a member of the Center under such guidelines and conditions as
are reasonable and mutually agreeable to the Center and the
university.
(c) Governing Board.--
(1) Initial appointments.--For the two-year period
beginning on the date of the establishment of the Center, the
Center shall have a Governing Board composed of the following:
(A) The Executive Director of the Center.
(B) One member appointed by the President of the
California State University, Hayward.
(C) One member appointed by the President of the
California State University, Sacramento.
(D) One member appointed by the President of the
California State University, San Jose.
(E) One member appointed by the President of the
California State University, San Francisco.
(F) One member appointed by the President of the
California State University, Sonoma.
(2) Subsequent appointments.--After the two-year period
referred to in paragraph (1), the composition of the Governing
Board shall be determined by the sitting members of the
Governing Board, in consultation with the Presidents of each
university of the California State University system, except as
provided in subsection (d)(1).
(3) Chair.--The Executive Director shall serve as chair of
the Governing Board for the first five years after the
establishment of the Center. Subsequently, the Governing Board
shall elect a chair from among its members.
(4) Duties.--It shall be the duty of the Governing Board--
(A) to establish criteria for membership in the
Center;
(B) to establish criteria and requirements for the
contribution of matching funds or in kind contributions
by member universities and those applying for
membership in the Center;
(C) to establish guidelines for fair representation
on the Governing Board of universities that are not
universities of the California State University system;
(D) to establish how scholarships, fellowships, and
grants will be awarded by the Center;
(E) to advise the Executive Director of the Center
on matters pertaining to the management of the Center's
internal projects and administration, with respect to
the management of grants; and
(F) to perform such other duties, with respect to
the management of grants, as the Governing Board
considers necessary to carry out the functions of the
Center under this Act.
(d) Executive Director; Staff.--
(1) Executive director.--The Center shall have an Executive
Director who shall be appointed for a five-year term. The
President of the California State University, Hayward shall
make the initial appointment of an Executive Director for a
five-year term beginning on the date of the establishment of
the Center, and shall make an appointment for the second five-
year term. The Governing Board shall appoint each Executive
Director appointed after the initial two appointments.
(2) Budget.--The Executive Director shall annually submit
to the Governing Board a budget which includes projected staff
requirements and other projected expenses. The Governing Board
shall review and advise on the budget each year.
(e) Principal Office.--(1) The principal office of the Center shall
be located in northern California.
(2) Before the end of the two-year period beginning on the date of
the establishment of the Center, the Governing Board shall consider the
establishment of a second office and conference facility to be located
in southern California, convenient to member universities.
SEC. 3. FUNCTIONS.
(a) In General.--The overall objective of the Center shall be to
promote and foster sustainable economic development throughout the
State of California, using the resources and skills of its universities
and colleges whenever possible. The Center shall achieve such objective
by engaging in the following functions:
(1) To develop an ongoing program of applied environmental
research, education, and outreach that can be used by the
Federal Government, State and local governments, and the
private sector to ensure that future government policies to
encourage economic development in California are grounded on
sound, sustainable environmental and economic principles.
(2) To foster public-private partnerships to find solutions
to the environmental problems of California and ways of
removing market barriers to private sector development.
(3) To bring together researchers from the member
universities and colleges of the Center to focus on the most
important environmental problems of California related to
sustainable economic development, with the aim of analysis and
synthesis of policy implications and dissemination of policy
oriented research findings to managers in the public and
private sectors.
(4) To support the following activities:
(A) The coordination and funding of research
activities of universities for collaborative collection
and evaluation of data on California's geology,
hydrology, soils, biology, weather and climate, natural
hazards, demography, infrastructure, resource use,
land-use patterns, land-ownership patterns, business
development, environmental equity, and regulatory
zones.
(B) The analysis of public policy implications of
economic development programs that affect the ecology
of California.
(C) The conduct of seminars and other educational
programs for policy makers in the Federal Government,
State and local governments, and the private sector on
the implications of the findings and conclusions
derived from the Center's activities. The Center shall
use electronic technology, such as computer networks
and video conferencing, to convey the cumulative
findings and conclusions derived from the Center's
activities and to foster an exchange of ideas.
(D) The conduct, not more than once each year, of a
national conference on ecology and sustainable economic
development for business and labor leaders to foster an
exchange of ideas and information.
(E) The provision of ready access to the Center's
collective expertise for policy makers in the Federal
Government and State and local governments, and for
representatives of private- and public-sector
organizations, through meetings, publications, special
reports, video, electronic mail, computer networks, and
other means to share up-to-date information on research
findings and policy development for sustainable
economic development.
(F) The minimization of duplication and waste in
applied research and demonstration programs within the
areas of the Center's expertise.
(G) The development of educational programs,
curricula, and instructional materials for colleges,
universities, and other educational institutions to
impart the knowledge and skills required to implement
environmentally sustainable economic development, for
the purpose of equipping students for jobs in the
public and private sectors.
(H) The development of bachelors and masters degree
programs for individuals who have lost or may lose
employment as a result of cutbacks in defense spending
to prepare such individuals for employment as
environmental professionals, and the development of
certification programs in environmental sciences and
studies for such individuals.
(I) The preparation of minority students for
environmental professions, including the development of
an enriched curriculum in the environmental sciences at
the baccalaureate and post-graduate levels for
underrepresented minority students to prepare such
students for careers in various environmental areas,
such as environmental health and the clean-up of
military installations and facilities.
(J) The development and administration of a
repository of information on key environmental and
related economic development issues that can be readily
accessed by private- and public-sector entities,
including imposition, if necessary, of a fee for users
of the repository to cover the cost of its operation.
(5) To work closely with other university research centers
for which funds have been provided by the Environmental
Protection Agency to help establish a National Environmental
Outreach Program to assist the Federal Government, State and
local governments, and the private sector in programs and
projects designed to promote environmentally sound economic
development.
(6) To work closely with Federally-funded research centers,
such as the Lawrence-Livermore National Research Laboratory, to
foster the transfer and application of environmental technology
to the private sector.
(7) To help incubate or expand small, environmentally
related businesses where market barriers exist to such
incubation or expansion.
(8) To assist small businesses in meeting environmental
regulations by providing short courses and conferences and to
develop methods and models by which small businesses may
finance ``green'' investment where private-sector funds are
otherwise not generally available.
(9) To work closely, as requested, with public-sector
officials, private-sector businesses, and individuals seeking
alternative uses for military installations and facilities that
have been or are about to be closed to assist in planning the
environmental aspects of the conversion and clean-up of the
installations and facilities, and to help with the economic
development aspects of the closing of the installations and
facilities.
(10) During its first year, to develop a plan, in
conjunction with other universities to extend the activities of
the Center throughout the State within 3 years. The plan shall
pay particular attention to the need for environmentally sound
conversion and economic use of military installations and
facilities throughout the State.
(b) Scholarships, Fellowships, and Grants.--
(1) Scholarships.--The Center may provide for the award of
undergraduate scholarships for individuals studying in
environmental fields at universities that are members of the
Center. Individuals who have lost or may lose employment as a
result of the closing of a military installation or facility in
the State of California shall have preference over other
individuals in the award of scholarships under this paragraph.
(2) Fellowships.--The Center may provide for the award of
graduate assistantships and fellowships at the Center to
encourage study in fields related to sustainable economic
development. Preference shall be given to those who have been
or are about to be laid off as a result of military base
closings in California.
(3) Research grants.--The Center may award research grants
to faculty at universities and colleges, both public and
private, to encourage research critical to the achievement of
the functions described in subsection (a).
SEC. 4. REPORT.
The Center shall annually submit to the Administrator a report on
the activities of the Center and on any changing budget needs. The
Center shall include in the first report submitted under this
subsection a statement of any additional funds that may be required to
extend the activities of the Center throughout the State.
SEC. 5. GIFTS AND DONATIONS.
The Center may receive funds and other property donated,
bequeathed, or devised to the Center with or without a condition of
restriction, for the purpose of furthering the activities of the
Center. All funds donated, bequeathed, or devised to the Center shall
be retained in a separate account. Each annual report submitted
pursuant to section 4 shall include an accounting of the funds and
property donated, bequeathed, or devised to the Center during the year
covered by the annual report.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``Center'' means the California Urban
Environmental Research and Education Center established
pursuant to section 2.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Administrator for provision to the Center to carry out this Act
$4,500,000 for fiscal year 1998 and such sums as may be necessary for
each of fiscal years 1999 through 2002.
(b) Availability.--Funds appropriated pursuant to the authority of
subsection (a) shall remain available until expended.
(c) Matching Funds.--In addition to amounts provided as described
in section 2(b)(2), the Center shall make a good faith effort to match
the amount of funds appropriated pursuant to this section with funding
from State and local governments and the private sector. | Directs the Administrator of the Environmental Protection Agency to enter into a series of cooperative agreements with the California State University, Hayward, to provide continuing support for the California Urban Environmental Research and Education Center if the University consents and provides matching funds or in-kind resources equal to 20 percent of funds provided by the Administrator.
States requirements regarding university membership in the Center, the Governing Board, and the Center's principal office.
Declares the overall objective of the Center to be to promote sustainable economic development throughout California by engaging in specified functions, including: (1) developing an ongoing program of applied environmental research, education, and outreach; (2) fostering public-private partnerships to find solutions to environmental problems of California; (3) bringing together university and college researchers to focus on California's most important environmental problems; (4) supporting specified activities related to data evaluation, economic development analysis, the development and conduct of educational programs and conferences, providing ready access to the Center's expertise, the minimization of duplication and waste in research and demonstration programs, and the development and administration of an environmental and economic development information repository; (5) working closely with EPA- and other federally-funded research centers; (6) assisting environmentally-related and other small businesses; and (7) assisting in military base conversion.
Authorizes the Center to provide undergraduate scholarships for individuals studying in environmental fields, assistantships and fellowships for graduate students to encourage study in fields related to sustainable economic development, and research grants to college and university faculty.
Authorizes appropriations. | {"src": "billsum_train", "title": "To provide for the continuation of the operations of the California Urban Environmental Research and Education Center."} | 2,886 | 319 | 0.67657 | 2.240503 | 0.887768 | 3.491749 | 9.617162 | 0.937294 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Life Education Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The American Medical Association (``AMA''), the
American Nurses Association (``ANA''), the American Academy of
Pediatrics (``AAP''), the American College of Obstetricians and
Gynecologists (``ACOG''), the American Public Health
Association (``APHA''), and the Society of Adolescent Medicine
(``SAM''), support responsible sexuality education that
includes information about both abstinence and contraception.
(2) Recent scientific reports by the Institute of Medicine,
the American Medical Association and the Office on National
AIDS Policy stress the need for sexuality education that
includes messages about abstinence and provides young people
with information about contraception for the prevention of teen
pregnancy, HIV/AIDS and other sexually transmitted diseases
(``STDs'').
(3) Research shows that teenagers who receive sexuality
education that includes discussion of contraception are more
likely than those who receive abstinence-only messages to delay
sexual activity and to use contraceptives when they do become
sexually active.
(4) Comprehensive sexuality education programs respect the
diversity of values and beliefs represented in the community
and will complement and augment the sexuality education
children receive from their families.
(5) The median age of puberty is 13 years and the average
age of marriage is nearly 26 years old. American teens need
access to full, complete, and medically and factually accurate
information regarding sexuality, including contraception, STD/
HIV prevention, and abstinence.
(6) Although teen pregnancy rates are decreasing, there are
still nearly 900,000 teen pregnancies each year. Nearly 80
percent of teen pregnancies among 15- to 19-year olds are
unintended.
(7) Research shows that 75 percent of the decrease in teen
pregnancy between 1988 and 1995 was due to improved
contraceptive use, while 25 percent was due to increased
abstinence.
(8) More than eight out of ten Americans believe that young
people should have information about protecting themselves from
unplanned pregnancies and sexually transmitted diseases.
(9) United States teens acquire an estimated 4,000,000
sexually transmitted infections each year. By age 24, at least
one in three sexually active people will have contracted a
sexually transmitted disease.
(10) An average of two young people in the United States
are infected with HIV every hour of every day. African
Americans and Hispanic youth have been disproportionately
affected by the HIV/AIDS epidemic. Although less than 16
percent of the adolescent population in the United States is
African American, nearly 50 percent of AIDS cases through June
2000 among 13- to 19-year olds were among Blacks. Hispanics
comprise 13 percent of the population and 20 percent of the
reported adolescent AIDS cases though June 2000.
SEC. 3. ASSISTANCE TO REDUCE TEEN PREGNANCY, HIV/AIDS, AND OTHER
SEXUALLY TRANSMITTED DISEASES AND TO SUPPORT HEALTHY
ADOLESCENT DEVELOPMENT.
(a) In General.--Each eligible State shall be entitled to receive
from the Secretary of Health and Human Services, for each of the fiscal
years 2003 through 2007, a grant to conduct programs of family life
education, including education on both abstinence and contraception for
the prevention of teenage pregnancy and sexually transmitted diseases,
including HIV/AIDS.
(b) Requirements for Family Life Programs.--For purposes of this
Act, a program of family life education is a program that--
(1) is age-appropriate and medically accurate;
(2) does not teach or promote religion;
(3) teaches that abstinence is the only sure way to avoid
pregnancy or sexually transmitted diseases;
(4) stresses the value of abstinence while not ignoring
those young people who have had or are having sexual
intercourse;
(5) provides information about the health benefits and side
effects of all contraceptives and barrier methods as a means to
prevent pregnancy;
(6) provides information about the health benefits and side
effects of all contraceptives and barrier methods as a means to
reduce the risk of contracting sexually transmitted diseases,
including HIV/AIDS;
(7) encourages family communication about sexuality between
parent and child;
(8) teaches young people the skills to make responsible
decisions about sexuality, including how to avoid unwanted
verbal, physical, and sexual advances and how not to make
unwanted verbal, physical, and sexual advances; and
(9) teaches young people how alcohol and drug use can
effect responsible decisionmaking.
(c) Additional Activities.--In carrying out a program of family
life education, a State may expend a grant under subsection (a) to
carry out educational and motivational activities that help young
people--
(1) gain knowledge about the physical, emotional,
biological, and hormonal changes of adolescence and subsequent
stages of human maturation;
(2) develop the knowledge and skills necessary to ensure
and protect their sexual and reproductive health from
unintended pregnancy and sexually transmitted disease,
including HIV/AIDS throughout their lifespan;
(3) gain knowledge about the specific involvement of and
male responsibility in sexual decisionmaking;
(4) develop healthy attitudes and values about adolescent
growth and development, body image, gender roles, racial and
ethnic diversity, sexual orientation, and other subjects;
(5) develop and practice healthy life skills including
goal-setting, decisionmaking, negotiation, communication, and
stress management;
(6) promote self-esteem and positive interpersonal skills
focusing on relationship dynamics, including, but not limited
to, friendships, dating, romantic involvement, marriage and
family interactions; and
(7) prepare for the adult world by focusing on educational
and career success, including developing skills for employment
preparation, job seeking, independent living, financial self-
sufficiency, and workplace productivity.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that while States are not required to
provide matching funds, they are encouraged to do so.
SEC. 5. EVALUATION OF PROGRAMS.
(a) In General.--For the purpose of evaluating the effectiveness of
programs of family life education carried out with a grant under
section 3, evaluations of such program shall be carried out in
accordance with subsections (b) and (c).
(b) National Evaluation.--
(1) In general.--The Secretary shall provide for a national
evaluation of a representative sample of programs of family
life education carried out with grants under section 3. A
condition for the receipt of such a grant is that the State
involved agree to cooperate with the evaluation. The purposes
of the national evaluation shall be the determination of--
(A) the effectiveness of such programs in helping
to delay the initiation of sexual intercourse and other
high-risk behaviors;
(B) the effectiveness of such programs in
preventing adolescent pregnancy;
(C) the effectiveness of such programs in
preventing sexually transmitted disease, including HIV/
AIDS;
(D) the effectiveness of such programs in
increasing contraceptive knowledge and contraceptive
behaviors when sexual intercourse occurs; and
(E) a list of best practices based upon essential
programmatic components of evaluated programs that have
led to success in subparagraphs (A) through (D).
(2) Report.--A report providing the results of the national
evaluation under paragraph (1) shall be submitted to the
Congress not later than March 31, 2008, with an interim report
provided on a yearly basis at the end of each fiscal year.
(c) Individual State Evaluations.--
(1) In general.--A condition for the receipt of a grant
under section 3 is that the State involved agree to provide for
the evaluation of the programs of family education carried out
with the grant in accordance with the following:
(A) The evaluation will be conducted by an
external, independent entity.
(B) The purposes of the evaluation will be the
determination of--
(i) the effectiveness of such programs in
helping to delay the initiation of sexual
intercourse and other high-risk behaviors;
(ii) the effectiveness of such programs in
preventing adolescent pregnancy;
(iii) the effectiveness of such programs in
preventing sexually transmitted disease,
including HIV/AIDS; and
(iv) the effectiveness of such programs in
increasing contraceptive knowledge and
contraceptive behaviors when sexual intercourse
occurs.
(2) Use of grant.--A condition for the receipt of a grant
under section 3 is that the State involved agree that not more
than 10 percent of the grant will be expended for the
evaluation under paragraph (1).
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) The term ``eligible State'' means a State that submits
to the Secretary an application for a grant under section 3
that is in such form, is made in such manner, and contains such
agreements, assurances, and information as the Secretary
determines to be necessary to carry out this Act.
(2) The term ``HIV/AIDS'' means the human immunodeficiency
virus, and includes acquired immune deficiency syndrome.
(3) The term ``medically accurate'', with respect to
information, means information that is supported by research,
recognized as accurate and objective by leading medical,
psychological, psychiatric, and public health organizations and
agencies, and where relevant, published in peer review
journals.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 7. APPROPRIATIONS.
(a) In General.--For the purpose of carrying out this Act, there is
authorized to be appropriated $100,000,000 for each of the fiscal years
2002 through 2006.
(b) Allocations.--Of the amounts appropriated under subsection (a)
for a fiscal year--
(1) not more than 7 percent may be used for the
administrative expenses of the Secretary in carrying out this
Act for that fiscal year; and
(2) not more than 10 percent may be used for the national
evaluation under section 5(b). | Family Life Education Act - Requires the Secretary of Health and Human Services to make grants to States for family life education, including abstinence and contraception.Expresses the sense of Congress that States should, but need not, provide matching funds.Requires the Secretary to provide for national evaluation of a representative sample of such programs for effectiveness in changing adolescent sexual behavior, including the delay of sexual and high-risk activity, the prevention of pregnancy and disease (including HIV/AIDS), and the increase of contraceptive knowledge. | {"src": "billsum_train", "title": "To provide for the reduction of adolescent pregnancy, HIV rates, and other sexually transmitted diseases, and for other purposes."} | 2,180 | 121 | 0.493661 | 1.354967 | 0.543387 | 2.777778 | 20.848485 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Cookstoves and Fuels Support
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Nearly half the world's population cooks their food
over open fires or inefficient, polluting, and unsafe
cookstoves using wood, agricultural waste, dung, coal, or other
solid fuels. Smoke from the use of these traditional cookstoves
and open fires is associated with a number of chronic and acute
diseases and injuries, including respiratory illnesses such as
pneumonia, heart disease, and cancer, with women and young
children affected disproportionately.
(2) The Global Burden of Disease Study 2010 doubled the
mortality estimates for exposure to smoke from cookstoves,
referred to as ``household air pollution'', from 2,000,000 to
4,000,000 deaths annually in the developing world, which the
Study indicates is more than the deaths from malaria,
tuberculosis, and HIV/AIDS combined. The Study attributes
3,500,000 deaths to cookstoves smoke exposures indoors and
500,000 deaths to the contribution of cookstoves to outdoor air
pollution. Millions more are sickened from the toxic smoke and
thousands suffer burns annually from open fires or unsafe
cookstoves and fuels. The Study ranks household air pollution
as the fourth worst overall health risk factor in the world and
as the second worst health risk factor in the world for women
and girls. Cookstove smoke exposures are particularly prominent
in developing regions of Asia and Africa.
(3) The amount of biomass cooking fuel required each year
can reach up to two tons per family. Where demand for local
biomass outstrips the natural regrowth of resources, local
environmental degradation and loss of biodiversity often
result.
(4) Tremendous amounts of time, a burden shouldered
disproportionately by women and children, is spent collecting
and managing biomass cooking fuel resources. As nearby fuel
supplies dwindle, women are forced to go farther to find fuel
to cook their families' meals. In some regions, women and girls
risk rape and gender-based violence during the up to 20 hours
per week they spend away from their communities gathering
firewood.
(5) Recent studies show that black carbon created from
biomass cookstoves significantly contributes to regional air
pollution and climate change. Black carbon emissions from
residential cookstoves in developing countries account for an
estimated 21 percent of total global inventory, and mitigation
in this sector represents a large potential public health
benefit.
(6) The Global Alliance for Clean Cookstoves is an
innovative public-private partnership hosted by the United
Nations Foundation that was created to enable the adoption of
clean and efficient stoves in 100,000,000 homes by 2020. The
Alliance works with public, private, and non-profit partners to
overcome market barriers that currently impede the production,
deployment, and use of clean cookstoves and fuels in the
developing world.
(7) The United States Government has committed a total of
up to $125,000,000 to the sector, including approximately
$60,000,000 in research, $15,000,000 in field implementation
activities, and up to $50,000,000 in financing, through the
first five years of the Alliance to help spur the adoption of
clean cookstoves and fuels in 100,000,000 households by 2020 as
follows:
(A) The Department of State has committed
$1,020,000 through fiscal year 2015 and the United
States Agency for International Development has
committed $18,400,000 through fiscal year 2015.
(B) The Department of Energy has committed
$13,200,000 through fiscal year 2016.
(C) The Department of Health and Human Services has
committed $31,690,000 through the National Institutes
of Health through fiscal year 2016 and $3,900,000
through the Centers for Disease Control and Prevention
through fiscal year 2015.
(D) The Environmental Protection Agency has
committed $9,670,000 through fiscal year 2015.
(E) The National Science Foundation has committed
$1,270,000 through fiscal year 2015.
(F) The Overseas Private Investment Corporation has
committed up to $50,000,000 through fiscal year 2016 in
debt financing or insurance that meet their credit and
lending standards to support projects that provide
clean, consistent, and affordable access to energy and
energy savings through the manufacture, sale, and
purchase of cookstoves.
(8) This commitment targets a wide range of work, including
expanded research on cookstoves performance, marketing, and
adoption; expanded research on the health, climate and air
quality benefits of clean cookstoves; and expanded field
efforts in Kenya, Haiti, Bangladesh, and Nigeria.
(9) Additional Federal support is being provided to the
Alliance, including by the Department of Agriculture, the
National Oceanic and Atmospheric Administration, and the Peace
Corps.
(10) The Millennium Challenge Corporation, in 2010, prior
to the launch of the Alliance, committed the largest stoves-
related investment to date in Mongolia. The commitment of
$45,300,000 focused on economic growth from energy efficiency
and improved air quality.
SEC. 3. ADVANCEMENT OF GLOBAL ALLIANCE FOR CLEAN COOKSTOVES GOAL.
The Secretary of State, in consultation with the Administrator of
the Environmental Protection Agency, the Secretary of Energy, the
Secretary of Health and Human Services, the Administrator of the United
States Agency for International Development, the Director of the
National Science Foundation, the President of the Overseas Private
Investment Corporation, and the heads of other relevant Federal
agencies, and in coordination with relevant international
nongovernmental organizations and private and governmental entities,
shall work to advance the goals and work of the Global Alliance for
Clean Cookstoves, including through--
(1) applied research and development to improve design,
lower costs, promote technology adoption, conduct health
research and evaluation, and develop global industry standards
and testing protocols for cookstoves and fuels in order to help
ensure minimum standards for efficiency and cleanliness are
met;
(2) diplomatic engagement to encourage a commercial market
for clean cookstoves and fuels, reduce trade barriers, promote
consumer awareness, improve access to large-scale carbon
financing, and foster women-owned businesses along the entire
business value chain;
(3) international development projects to help build
commercial businesses to manufacture, market, distribute, sell,
and service clean cookstoves and fuels;
(4) development efforts related to refugee camps, disaster
relief, and long-term humanitarian and empowerment programs
aimed at assisting women and girls; and
(5) financing or insurance to support projects that provide
access to clean, affordable energy and energy savings through
the manufacture, sale, and purchase of clean cookstoves and
fuels.
SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Department of State and United States Agency for International
Development.--There are authorized to be appropriated out of funds
available to the Department of State and the United States Agency for
International Development such sums as may be necessary for fiscal
years 2014 through 2015 to work with the Global Alliance for Clean
Cookstoves and foreign governments, including--
(1) to engage in a wide range of diplomatic activities,
including with countries across the globe and with United
States embassies abroad, to support Alliance activities and the
clean cookstoves and fuels sector, and to continue the clean
cooking initiative under the Climate and Clean Air Coalition to
reduce emissions of short-lived climate pollutants;
(2) to advance programs that support the adoption of
affordable cookstoves that require less fuel to meet household
energy needs and release fewer pollutants, as a means to
improve health, reduce environmental degradation, mitigate
climate change, foster economic growth, and empower women; and
(3) to carry out other activities under this Act.
(b) Department of Energy.--There are authorized to be appropriated
to the Secretary of Energy out of funds available to the Department of
Energy such sums as may be necessary for fiscal years 2014 through 2016
to work with the Global Alliance for Clean Cookstoves, including--
(1) to conduct research to spur development of low-cost,
low-emission, high-efficiency cookstoves through research in
areas such as combustion, heat transfer, and materials
development;
(2) to conduct research to spur development of low-
emission, high-efficiency biomass fuels;
(3) to support innovative small businesses in the United
States that are developing advanced cookstoves and improved
cookstove assessment devices; and
(4) to carry out other activities under this Act.
(c) National Institutes of Health.--There are authorized to be
appropriated to the Secretary of Health and Human Services out of funds
available to the National Institutes of Health such sums as may be
necessary for fiscal years 2014 through 2016 for the National
Institutes of Health to work with the Global Alliance for Clean
Cookstoves, including--
(1) to support health research and training to improve the
health and lives of those at risk from household burning of
solid fuels, including--
(A) dedicated resources for research on household
air pollution to ensure adoption of life-saving
interventions and policy formulation; and
(B) regional network research and training hubs in
global environmental health and occupational health
with a household air pollution focus; and
(2) to carry out other activities under this Act.
(d) Centers for Disease Control and Prevention.--There are
authorized to be appropriated to the Secretary of Health and Human
Services out of funds available to the Centers for Disease Control and
Prevention such sums as may be necessary for fiscal years 2014 through
2015 for the Centers for Disease Control and Prevention to work with
the Global Alliance for Clean Cookstoves, including--
(1) to evaluate cookstove and fuel programs to better
understand their public health benefits and key determinants of
adoption;
(2) to promote a better understanding of the relationship
between human exposures and health outcomes from the use of
traditional cookstoves and open fires; and
(3) to carry out other activities under this Act.
(e) Environmental Protection Agency.--There are authorized to be
appropriated to the Administrator of the Environmental Protection
Agency out of funds available to the Environmental Protection Agency
such sums as may be necessary for fiscal years 2014 through 2015 for
the Environmental Protection Agency to work with the Global Alliance
for Clean Cookstoves, including--
(1) to conduct cookstove and fuel testing and evaluation in
the lab and field, including evaluation of fuel efficiency and
air pollutant emissions that affect human health and the
environment, and to develop international standards regarding
fuel use, emissions, and safety of cookstoves and fuels;
(2) to conduct climate, health, and air quality research,
including with United States institutions of higher education,
on the air quality and climatic benefits of interventions for
cookstoves and residential burning, and to continue the
cookstoves initiative under the Climate and Clean Air Coalition
to reduce emissions of short-lived climate pollutants; and
(3) to carry out other activities under this Act.
(f) National Science Foundation.--There are authorized to be
appropriated to the Director of the National Science Foundation out of
funds available to the National Science Foundation such sums as may be
necessary for fiscal years 2014 through 2015 for the National Science
Foundation to work with the Global Alliance for Clean Cookstoves,
including--
(1) to support research related to the climate, air
quality, and health benefits of the adoption of clean
cookstoves and fuels; and
(2) to carry out other activities under this Act.
(g) Department of Agriculture.--There are authorized to be
appropriated to the Secretary of the Department of Agriculture out of
funds available to the Department of Agriculture such sums as may be
necessary for fiscal years 2014 through 2015 for the Department of
Agriculture to work with the Global Alliance for Clean Cookstoves,
including--
(1) to provide technical expertise on policy questions
facing the cookstoves sector and to help align the Alliance
with ongoing international efforts that promote the sustainable
production and use of clean burning biomass cooking fuels, to
optimize natural resource conservation and agricultural
productivity; and
(2) to carry out other activities under this Act.
(h) National Oceanic and Atmospheric Administration.--There are
authorized to be appropriated to the Administrator of the National
Oceanic and Atmospheric Administration (NOAA) out of funds available to
NOAA such sums as may be necessary for fiscal years 2014 through 2015
for NOAA to work with the Global Alliance for Clean Cookstoves,
including--
(1) to partner with scientists in other countries to
monitor global black carbon emissions and assess climate
impacts and benefits of switching to clean cookstoves; and
(2) to carry out other activities under this Act.
(i) Peace Corps.--There are authorized to be appropriated to the
Director of the Peace Corps out of funds available to the Peace Corps
such sums as may be necessary for fiscal years 2014 through 2015 for
the Peace Corps to work with the Global Alliance for Clean Cookstoves,
including--
(1) to train community members to select, construct, and
maintain clean cookstoves and fuels, provide ongoing support to
sustain their use, and help families, schools, and others
access grants to lower the cost; and
(2) to carry out other activities under this Act.
(j) Future Years Funding.--It is the sense of Congress that the
departments and agencies referenced in this section should be provided
sufficient funding in future fiscal years to fund commitments related
to work with the Global Alliance for Clean Cookstoves. | Clean Cookstoves and Fuels Support Act - Directs the Secretary of State to work to advance the goals of the Global Alliance for Clean Cookstoves. Authorizes appropriations for the Department of State, the U.S. Agency for International Development (USAID), the Department of Energy (DOE), the National Institutes of Health (NIH), the Centers for Disease Control and Prevention (CDCP), the Environmental Protection Agency (EPA), the National Science Foundation (NSF), the Department of Agriculture (USDA), the National Oceanic and Atmospheric Administration (NOAA), and the Peace Corps to work with the Alliance. Expresses the sense of Congress that such departments and agencies should be provided sufficient future funding to work with the Alliance. | {"src": "billsum_train", "title": "Clean Cookstoves and Fuels Support Act"} | 2,839 | 165 | 0.382074 | 1.300751 | 0.305828 | 2.870504 | 19.47482 | 0.913669 |
SECTION 1. ELIGIBLE EDUCATIONAL INSTITUTIONS PERMITTED TO MAINTAIN
QUALIFIED TUITION PROGRAMS; OTHER MODIFICATIONS OF
QUALIFIED TUITION PROGRAMS.
(a) Eligible Educational Institutions Permitted To Maintain
Qualified Tuition Programs.--
(1) In general.--Paragraph (1) of section 529(b) of the
Internal Revenue Code of 1986 (defining qualified State tuition
program) is amended by inserting ``or by 1 or more eligible
educational institutions'' after ``maintained by a State or
agency or instrumentality thereof''.
(2) Technical amendments.--
(A) Section 72(e)(9) of such Code is amended--
(i) in the heading, by striking ``qualified
state tuition programs'' and inserting
``qualified tuition programs'', and
(ii) in the text, by striking ``qualified
State tuition program'' and inserting
``qualified tuition program''.
(B) Subsections (c)(2)(C) and (d)(1)(D) of section
135 of such Code are amended by striking ``qualified
State tuition program'' and inserting ``qualified
tuition program''.
(C) Section 529 of such Code is amended--
(i) by striking ``qualified State tuition
program'' each place it appears and inserting
``qualified tuition program'', and
(ii) in subsection (c)(3)(D), by striking
``qualified State tuition programs'' and
inserting ``qualified tuition programs''.
(D) Section 530(b)(2)(B) of such Code is amended--
(i) in the heading, by striking ``Qualified
state tuition programs'' and inserting
``Qualified tuition programs'', and
(ii) in the text, by striking ``qualified
State tuition program'' and inserting
``qualified tuition program''.
(E) Section 4973(e)(1)(B) of such Code is amended
by striking ``qualified State tuition program'' and
inserting ``qualified tuition program''.
(F) Section 6693(a)(2)(C) of such Code is amended
by striking ``qualified State tuition programs'' and
inserting ``qualified tuition programs''.
(G)(i) The section heading of section 529 of such
Code is amended to read as follows:
``SEC. 529. QUALIFIED TUITION PROGRAMS.''.
(ii) The item relating to section 529 of such Code
in the table of sections for part VIII of subchapter F
of chapter 1 of such Code is amended by striking
``State''.
(b) Exclusion From Gross Income of Distributions Allocable to
Qualified Higher Education Expenses.--
(1) In general.--Subparagraph (B) of section 529(c)(3) of
such Code (relating to distributions) is amended to read as
follows:
``(B) Distributions for qualified higher education
expenses.--If a distributee elects the application of
this subparagraph for any taxable year--
``(i) no amount shall be includible in
gross income by reason of a distribution which
consists of providing a benefit to the
distributee which, if paid for by the
distributee, would constitute payment of a
qualified higher education expense, and
``(ii) the amount which (but for the
election) would be includible in gross income
by reason of any other distribution shall not
be so includible in an amount which bears the
same ratio to the amount which would be so
includible as the amount of the qualified
higher education expenses of the distributee
bears to the amount of the distribution.''.
(2) Distributions treated as first being attributable to
income.--Subparagraph (A) of section 529(c)(3) of such Code is
amended to read as follows:
``(A) In general.--Any distribution from a
qualified tuition program--
``(i) shall be includible in the gross
income of the distributee to the extent
allocable to income under the program, and
``(ii) shall not be includible in gross
income to the extent allocable to investment in
the contract.
For purposes of the preceding sentence, rules similar
to the rules of section 72(e)(3) shall apply.''.
(c) Change of Qualified Tuition Program.--Clause (i) of section
529(c)(3)(C) of such Code is amended by inserting ``to another
qualified tuition program for the benefit of the designated beneficiary
or'' after ``transferred''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2000. | Amends the Internal Revenue Code to permit private educational institutions to maintain qualified tuition programs which are comparable to qualified State tuition programs. Revises provisions concerning distributions for qualified education expenses. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to permit private educational institutions to maintain qualified tuition programs which are comparable to qualified State tuition programs, and for other purposes."} | 1,077 | 39 | 0.560975 | 1.121415 | 0.549781 | 1.823529 | 26.058824 | 0.764706 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Lawmaking Authority
Protection Act of 2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) The Framers of the Constitution understood that the
power to make laws is such an awesome power that they intended
it to be exercised by the most democratic branch of government.
(2) To ensure that the lawmaking power would be exercised
by the branch of government that is the closest and most
accountable to the people the Constitution provides that ``All
legislative power herein granted shall be vested in a Congress
of the United States, which shall consist of a Senate and House
of Representatives.''.
(3) The Constitution limits the role of the President in
the lawmaking process to--
(A) giving Congress information on the State of the
Union;
(B) recommending to Congress for consideration such
measures as the President deems necessary and
expedient; and
(C) approving or vetoing bills and joint
resolutions presented to him for signature.
(4) Statements made by the President contemporaneously with
the signing of a bill or joint resolution that express the
President's interpretation of the scope, constitutionality, and
intent of Congress in enacting the bill or joint resolution
presented for signature encroach upon the power to make laws
that the Framers vested solely in the Congress.
(5) According to a May 5, 2006, editorial in the New York
Times, the current President of the United States has issued
more than 750 ``presidential signing statements'' declaring he
would not do what the laws required, the most notorious example
of which is the signing statement issued by the President
asserting he was not bound by the Congressional ban on the
torture of prisoners.
(6) On June 5, 2006, the American Bar Association created a
10-member Blue-Ribbon ``Task Force on Presidential Signing
Statements and the Separation of Powers Doctrine'' to take a
balanced, scholarly look at the use and implications of signing
statements, and to propose appropriate ABA policy consistent
with the ABA's commitment to safeguarding the rule of law and
the separation of powers in our system of government.
(7) On July 24, 2006, the Task Force determined that
signing statements that signal the president's intent to
disregard laws adopted by Congress undermine the separation of
powers by depriving Congress of the opportunity to override a
veto, and by shutting off policy debate between the two
branches of government. According to the Task Force, such
presidential signing statements operate as a ``line item
veto,'' which the U.S. Supreme Court has ruled
unconstitutional. The Task Force strongly recommended the
Congress to enact appropriate legislation to ensure that such
presidential signing statements do not undermine the rule of
law and the constitutional system of separation of powers.
(b) Purposes.--The purposes of this Act are--
(1) to preserve the separation of powers intended by the
Framers by preventing the President from encroaching upon the
Congressional prerogative to make law; and
(2) to ensure that no Federal or State executive or
independent agency, and no Federal or State judge, can attach
legal significance to any presidential signing statement when
construing any law enacted by the Congress.
SEC. 3. LIMITATION ON USE OF FUNDS.
(a) Limitation on Use of Funds.--None of the funds made available
to the Executive Office of the President, or to any Executive agency
(as defined in section 105 of title 5 of the United States Code), from
any source may be used to produce, publish, or disseminate any
statement made by the President contemporaneously with the signing of
any bill or joint resolution presented for signing by the President.
(b) Application of Limitation.--Subsection (a) shall apply only to
statements made by the President regarding the bill or joint resolution
presented for signing that contradict, or are inconsistent with, the
intent of Congress in enacting the bill or joint resolution or that
otherwise encroach upon the Congressional prerogative to make laws.
SEC. 4. CONSTRUCTION AND APPLICATION OF ACTS OF CONGRESS.
For purposes of construing or applying any Act enacted by the
Congress, a governmental entity shall not take into consideration any
statement made by the President contemporaneously with the President's
signing of the bill or joint resolution that becomes such Act. | Congressional Lawmaking Authority Protection Act of 2007 - Prohibits the use of funds made available to the Executive Office of the President, or to any executive agency, to produce, publish, or disseminate any presidential statement made contemporaneously with the signing of any legislation by him (signing statement).
Applies this prohibition only to signing statements that contradict, or are inconsistent with, the intent of Congress in enacting a measure or that otherwise encroach upon the congressional prerogative to make laws.
Prohibits a governmental entity from taking into consideration any presidential signing statement for purposes of construing or applying any Act of Congress. | {"src": "billsum_train", "title": "To prevent the President from encroaching upon the Congressional prerogative to make laws,and for other purposes."} | 990 | 142 | 0.498879 | 1.47897 | 0.676044 | 5.666667 | 7.868421 | 0.947368 |
SECTION 1. USE OF DEPARTMENT OF VETERANS AFFAIRS FORECLOSED HOMES FOR
VETERANS AND DISPLACED PERSONS.
(a) Use of Foreclosed Homes.--(1) In the case of any residential
property on which the Department of Veterans Affairs has foreclosed or
which the Secretary of Veterans Affairs has acquired pursuant to
section 3732 of title 38, United States Code, that the Secretary
determines to be suitable, the Secretary shall make such property
available to an entity described in paragraph (2) or to another entity
designated by the Director of the Federal Emergency Management Agency
for use as a temporary residence for Hurricane Katrina-affected
individuals. The period for which such a property may be made available
for use as a temporary residence under this section may not exceed two
years.
(2) An entity referred to in paragraph (1) is an entity described
in subparagraph (A) or (B) of section 2041(a)(1) of title 38, United
States Code.
(3) An entity to which a residential property is made available
under paragraph (1) shall give priority in providing shelter to those
Hurricane Katrina-affected individuals who are veterans, surviving
spouses of veterans, and children of veterans (as those terms are
defined in section 101 of title 38, United States Code), and their
families.
(4) In carrying out this subsection, the Secretary of Veterans
Affairs shall consult with the Under Secretary of Homeland Security for
Emergency Preparedness and Response.
(b) Reimbursement of Certain Expenditures.--Consistent with section
304 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5147), the Director of the Federal Emergency Management
Agency shall reimburse the Secretary of Veterans Affairs for any
expenditures of the Department of Veterans Affairs relating to the
repair, maintenance, or management of properties owned by the
Department of Veterans Affairs to the extent that such repair,
maintenance, or management is for the purpose of making such properties
available as temporary residences for Hurricane Katrina-affected
individuals under the authority of section 3720 of title 38, United
States Code.
(c) Hurricane Katrina-Affected Individual Defined.--For purposes of
this Act, the term ``Hurricane Katrina-affected individual'' means an
individual who as of August 28, 2005, resided in, or was employed in, a
county adversely affected by Hurricane Katrina in the State of Florida,
Louisiana, Mississippi, or Alabama that is designated for individual
assistance or public assistance by Federal Disaster Declaration notice
1602, 1603, 1604, or 1605, respectively (as amended), issued by the
Federal Emergency Management Agency.
(d) Publication of Regulations.--The Secretary is not required to
publish in the Federal Register regulations to carry out this section.
SEC. 2. EMERGENCY GRANTS TO ORGANIZATIONS FOR PROVISION OF SHELTER TO
HOMELESS VETERANS AND THEIR FAMILIES.
(a) Authority.--The Secretary of Veterans Affairs is authorized to
make emergency grants to entities described in section 1(a)(2) for the
purpose of providing housing assistance to homeless veterans (as
defined in section 2002 of title 38, United States Code) who are
Hurricane Katrina-affected individuals and their families for a period
not to exceed two years.
(b) Eligibility.--To be eligible to receive an emergency grant
under this subsection, such an entity shall have the capacity (as
determined by the Secretary) to effectively administer such a grant.
(c) Provision of Notice.--The Secretary shall provide notice of the
availability of emergency grants on the Internet website of the
Department of Veterans Affair and use such other means of notice as the
Secretary may determine are appropriate.
(d) Report.--Not later than 30 days after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Veterans'
Affairs of the House of Representatives and the Committee on Veterans'
Affairs of the Senate a report specifying the number of grants awarded
under this section and the identity of each grant recipient.
(e) Publication of Regulations.--The Secretary is not required to
publish in the Federal Register regulations to carry out this section.
(f) Termination of Authority.--The authority of the Secretary to
make grants under this section shall terminate on September 30, 2007.
SEC. 3. USE OF DEPARTMENT OF VETERANS AFFAIRS FACILITIES FOR HOMELESS
VETERANS AND THEIR FAMILIES.
(a) Authority for Use of Underutilized Department of Veterans
Affairs Property as Temporary Veteran Housing.--Subchapter I of chapter
81 of title 38, United States Code, is amended by adding at the end the
following new section:
``Sec. 8119. Underutilized property: housing for veterans during
emergency
``(a) Authority.--Notwithstanding any other provision of this title
or of any other law, during or following a period of emergency or
disaster declared by the President pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Secretary may use underutilized Department property that is
habitable or that can be rendered habitable with limited resources, as
determined by the Secretary, to house, for a period not to exceed 180
days, veterans and their dependents who are displaced as a result of
such emergency or disaster.
``(b) Underutilized Department Property.--For purposes of this
section, the term `underutilized Department property' means an asset of
the Department that is so identified by the Capital Asset Realignment
for Enhanced Services or otherwise identified by the Secretary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of title 38, United States Code, is amended by inserting
after the item relating to section 8118 the following new item:
``8119. Underutilized property: housing for veterans during
emergency.''.
SEC. 4. EMERGENCY GRANTS FOR REPLACEMENT OR REPAIR OF HOMELESS VETERAN
FACILITIES.
(a) Emergency Grant Authority.--Subchapter II of chapter 20 of
title 38, United States Code, is amended by adding at the end the
following new section:
``Sec. 2014. Emergency grants for repair or replacement of homeless
veteran facilities
``(a) Authority.--The Secretary may make emergency grants to
eligible entities providing care for homeless veterans for the purpose
of repairing or replacing facilities used for the provision of such
care that are damaged or destroyed by a disaster.
``(b) Eligible Entity.--In this section, the term `eligible entity'
has the meaning given that term in section 2011(d) of this title.
``(c) Establishment of Criteria and Requirements.--The Secretary
shall establish criteria and requirements for grants under this section
and shall publish such criteria and requirements in the Federal
Register.
``(d) Disaster.--In this section, the term `disaster' means any
hurricane, tornado, storm, flood, high water, wind-driven water, tidal
wave, tsunami, earthquake, volcanic eruption, landslide, mudslide,
snowstorm, drought, fire, explosion, or other catastrophe in any part
of the United States which causes, or which may cause, substantial
damage or injury to civilian property or persons.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by inserting after the item
relating to section 2013 the following new item:
``2014. Emergency grants for repair or replacement of homeless veteran
facilities.''. | Directs the Secretary of Veterans Affairs to make available for use as temporary residences for Hurricane Katrina-affected individuals any residential properties on which the Department of Veterans Affairs has foreclosed under the Department's guaranteed home loan program. Requires a residential priority for veterans, surviving spouses of veterans, and children of veterans and their families.
Authorizes the Secretary to make emergency grants to nonprofit organizations or states or political subdivisions thereof for providing housing assistance to homeless veterans who are Hurricane Katrina-affected individuals and their families for up to two years.
Authorizes the Secretary, during or following a period of emergency or disaster, to use underutilized Department property to house, for up to 180 days, veterans and their dependents who are displaced as the result of such emergency or disaster.
Authorizes the Secretary to make emergency grants to entities providing care for homeless veterans to repair or replace care facilities that are damaged or destroyed by a disaster. | {"src": "billsum_train", "title": "To authorize the Secretary of Veterans Affairs to provide emergency assistance to homeless veterans and their families affected by Hurricane Katrina, and for other purposes."} | 1,708 | 207 | 0.644138 | 1.836836 | 0.841344 | 4.6875 | 8.397727 | 0.903409 |
SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES OF TRUCK
TIRES ENTERED ON OR AFTER NOVEMBER 3, 2004, AND ON OR
BEFORE SEPTEMBER 14, 2005.
(a) Liquidation or Reliquidation Required.--Notwithstanding
sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and
1520), or any other provision of law, U.S. Customs and Border
Protection shall, not later than 180 days after the date of the
enactment of this Act--
(1) liquidate or reliquidate as free of duty each entry
described in subsection (b) containing any merchandise which,
at the time of original liquidation, was merchandise eligible
for duty-free treatment under title V of the Trade Act of 1974
(19 U.S.C. 2461 et seq.); and
(2) refund any duties and interest paid on such entries.
(b) Affected Entries.--The entries referred to in subsection (a)
are the following:
----------------------------------------------------------------------------------------------------------------
Port Code Entry Number Date of Entry
----------------------------------------------------------------------------------------------------------------
2704 EA1-0153651-7 11/03/2004
----------------------------------------------------------------------------------------------------------------
2704 EA1-0153788-7 10/10/2004
----------------------------------------------------------------------------------------------------------------
2704 EA1-0154063-4 11/24/2004
----------------------------------------------------------------------------------------------------------------
2704 EA1-0154174-9 12/01/2004
----------------------------------------------------------------------------------------------------------------
2704 EA1-0154298-6 12/08/2004
----------------------------------------------------------------------------------------------------------------
2704 EA1-0154438-8 12/15/2004
----------------------------------------------------------------------------------------------------------------
2704 EA1-0154567-4 12/22/2004
----------------------------------------------------------------------------------------------------------------
2704 EA1-0154675-5 12/29/2004
----------------------------------------------------------------------------------------------------------------
2704 EA1-0154802-5 01/05/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0154944-5 01/12/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0155108-6 01/19/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0155204-3 01/26/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0155329-8 02/02/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0155440-3 02/09/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0155577-2 02/16/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0155668-9 02/23/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0155775-2 03/04/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0155838-8 03/09/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0155933-7 03/16/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0156034-3 03/23/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0156298-4 04/06/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0156435-2 04/14/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0156536-7 04/20/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0156651-4 04/27/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0156804-9 05/04/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0156935-1 05/11/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0157087-0 05/18/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0157220-7 05/25/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0157347-8 06/01/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0157475-7 06/08/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0157605-9 06/15/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0157739-6 06/22/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0157892-3 06/29/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0158016-8 07/06/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0158147-1 07/13/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0158282-6 07/20/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0158393-1 07/27/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0158567-0 08/03/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0158669-4 08/10/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0158847-6 08/17/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0158996-1 08/24/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0159133-0 09/07/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0159264-3 09/07/2005
----------------------------------------------------------------------------------------------------------------
2704 EA1-0159407-8 09/14/2005.
---------------------------------------------------------------------------------------------------------------- | Provides for the liquidation or reliquidation of, and refund of any duties and interest paid on, certain entries of truck tires. | {"src": "billsum_train", "title": "A bill to provide for the liquidation or reliquidation of certain entries of truck tires entered on or after November 3, 2004, and on or before September 14, 2005."} | 2,615 | 30 | 0.486667 | 1.270638 | 0.117591 | 3.291667 | 30.333333 | 0.958333 |
SECTION 1. ESTABLISHMENT OF STATE DEPARTMENT REVIEW PANEL.
(a) Findings and Purpose.--The Congress makes the following
findings:
(1) The Department of State, established in 1789, is
responsible for representing the worldwide interests of the
United States and its citizens and for advancing the policies
of the United States Government.
(2) The Department operates 288 posts in more than 160
countries throughout the world, has approximately 24,000 full-
time staff, and spends a budget of approximately
$7,061,000,000.
(3) There have been dramatic changes in the world in which
the Department must function, including changes in technology,
changes in religious, ethnic, and regional conflicts, and
changes in economic, political, and military relationships.
Yet, there has been little change in the organization and
structure of the Department or its posts throughout the world.
(4) The Department and all United States diplomatic efforts
should be the subject of a comprehensive review by an
independent panel to assess how the Department can best fulfill
its mission in the 21st century and meet the challenges of a
rapidly changing world.
(b) Establishment.--Not later than December 1, 2001, the Congress
shall establish a nonpartisan independent panel to be known as the
Department of State Review Panel (in this section referred to as the
``Panel''). The Panel shall have the duties set forth in this section.
(c) Membership.--
(1) The Panel shall be composed of 10 members who are
individuals in the private sector who are recognized experts in
matters relating to foreign affairs and the national security
of the United States.
(2) Members of the Panel shall be appointed as follows:
(A) 3 members appointed by the Speaker of the House
of Representatives.
(B) 3 members appointed by the Majority Leader of
the Senate.
(C) 2 members appointed by the Minority Leader of
the House of Representatives.
(D) 2 members appointed by the Minority Leader of
the Senate.
(3) The Panel shall have a chairman who shall be selected
by the members of the panel from among the members.
(d) Report.--Not later than 12 months after the appointment of the
last member to the Panel, the Panel shall prepare and submit to the
Congress a comprehensive report. The report shall include the
following:
(1) A review of current structures of the Department of
State and related agencies, including the organization and
operation of the embassies and consulates of the United States
abroad, to determine how best to efficiently and effectively--
(A) represent the interests of the United States
throughout the world;
(B) advance the policies of the United States;
(C) cooperate and integrate with other government
agencies and departments, including the Department of
Defense, the Department of Commerce, and the Office of
the United States Trade Representative, the Agency for
International Development (AID), and the intelligence
agencies of the United States; and
(D) meet the anticipated roles and missions of such
entities in the future.
(2) Recommendations on any structural reorganization at the
Department of State and United States embassies and consulates,
including, but not limited to, the following:
(A) Whether any geographical desks should be added,
combined, or eliminated, including an examination of
whether an ``American Affairs'' desk should be
established within the Office of the Under Secretary
for Political Affairs.
(B) Whether any of the Under or Assistant
Secretaries of State should be combined, eliminated, or
created, including an examination of whether an Under
Secretary for ``Future Affairs'' needs to be
established to analyze and assess future challenges for
the Department.
(C) Whether a member of the Armed Forces should be
stationed at each embassy and whether a member of any
other department should be stationed at all or specific
embassies worldwide.
(D) Whether Members of the Foreign Service serving
in other Federal agencies should be merged into the
Department of State.
(3) Suggestions for changes in organization and process to
ensure that future United States diplomatic efforts are
successful.
(4) Suggestions for changes in structures to better
formulate and implement the foreign policy of the United
States.
(5) An independent assessment of the challenges the
Department of State may face through the year 2020 and beyond.
(6) A comprehensive review of how the Department of State,
the embassies and consulates of the United States, and
diplomatic and other personnel and delegations are organized to
handle efficiently future risks, including any recommended
structural or internal changes that may be necessary to meet
future challenges to the national interest of the United
States.
(7) The planning assumptions used in the Panel's review,
including, but not limited to, assumptions relating to
cooperation, communication with allies, levels of risk, real-
time situational awareness, and instantaneous communication.
(8) An examination of the Department of State's forward
presence and pre-positioning necessary for negotiation and
conflict deterrence in response to anticipated threats and
conflicts.
(9) An examination of the current information
infrastructure and technologies at the Department of State and
recommendations on how these technologies need to be updated,
changed, or replaced for optimum utilization by the year 2005
and beyond.
(10) The vulnerability of United States technology to
nontraditional threats, such as information warfare, and the
effect of this vulnerability on Department of State operations
and missions.
(11) Future scenarios requiring a Department of State
response, including scenarios in response to nontraditional
threats.
(e) Information From Federal Agencies.--The Panel may secure
directly from the Department of State and from any other Federal
department and agency such information as the Panel considers necessary
to carry out its duties under this section. The head of the department
or agency concerned shall ensure that information requested by the
Panel under this subsection is promptly provided.
(f) Personnel Matters.--
(1) Each member of the Panel shall be compensated at a rate
equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the
performance of the duties of the Panel.
(2) The members of the Panel shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Panel.
(3)(A) The chairman of the Panel may, without regard to the
civil service laws and regulations, appoint and terminate an
executive director, and a staff of not more than 4 additional
individuals, if the Panel determines that an executive director
and staff are necessary in order for the Panel to perform its
duties effectively. The employment of an executive director
shall be subject to confirmation by the Panel.
(B) The chairman may fix the compensation of the executive
director 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, except that the rate of pay for the executive
director may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(4) Any Federal Government employee may be detailed to the
Panel without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege. The
Secretary shall ensure that sufficient personnel are detailed
to the Panel to enable the Panel to carry out its duties
effectively.
(5) To the maximum extent practicable, the members and
employees of the Panel shall travel on government aircraft,
ships, vehicles, or other conveyances when travel is necessary
in the performance of a duty of the Panel, except that no such
aircraft, ship, vehicle, or other conveyance may be scheduled
primarily for the transportation of any such member or employee
when the cost of commercial transportation is less expensive.
(g) Administrative Provisions.--
(1) The Panel may use the United States mails and obtain
printing and binding services in the same manner and under the
same conditions as other departments and agencies of the
Federal Government.
(2) The Secretary of State shall furnish the Panel any
administrative and support services requested by the Panel.
(3) The Panel may accept, use, and dispose of gifts or
donations of services or property.
(h) Payment of Panel Expenses.--The compensation, travel expenses,
and per diem allowances of members and employees of the Panel shall be
paid out of funds available to the Department of State for the payment
of compensation, travel allowances, and per diem allowances,
respectively, of civilian employees of the Department. The other
expenses of the Panel shall be paid out of funds available to the
Department for the payment of similar expenses incurred by the
Department.
(i) Sunset Provision.--The Panel shall terminate 6 months after the
submission of a final report to the Congress under subsection (d). | Directs Congress to establish a nonpartisan independent Department of State Review Panel, which shall report to Congress on its review of the following matters concerning Department of State organization and operations: (1) current Department structures and possible reorganization; (2) changes to ensure effective diplomacy and implementation of U.S. foreign policy; (3) challenges through the year 2020 and beyond; (4) efficient handling of future risks; (5) planning assumptions; (6) positioning necessary for negotiation and conflict deterrence; (7) information infrastructure and technology; (8) the vulnerability of U.S. technology to nontraditional threats, such as information warfare; and (9) future scenarios requiring a Department response. | {"src": "billsum_train", "title": "To establish an independent nonpartisan review panel to assess how the Department of State can best fulfill its mission in the 21st century and meet the challenges of a rapidly changing world."} | 1,868 | 140 | 0.523962 | 1.556396 | 0.677153 | 2.676923 | 14.623077 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Safe Act of 2016''.
SEC. 2. IMMUNITY.
(a) Definitions.--In this Act--
(1) the term ``Bank Secrecy Act Officer'' means an
individual responsible for ensuring compliance with the
requirements mandated by subchapter II of chapter 53 of title
31, United States Code;
(2) the term ``broker-dealer'' means a broker or dealer, as
those terms are defined, respectively, in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a));
(3) the term ``covered agency'' means--
(A) a State financial regulatory agency, including
a State securities or law enforcement authority and a
State insurance regulator;
(B) each of the Federal financial institutions
regulatory agencies;
(C) the Securities and Exchange Commission;
(D) a law enforcement agency;
(E) and State or local agency responsible for
administering adult protective service laws; and
(F) a State attorney general.
(4) the term ``covered financial institution'' means--
(A) a credit union;
(B) a depository institution;
(C) an investment advisor;
(D) a broker-dealer;
(E) an insurance company; and
(F) a State attorney general.
(5) the term ``credit union'' means a Federal credit union,
State credit union, or State-chartered credit union, as those
terms are defined in section 101 of the Federal Credit Union
Act (12 U.S.C. 1752);
(6) the term ``depository institution'' has the meaning
given the term in section 3(c) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(c));
(7) the term ``exploitation'' means the fraudulent or
otherwise illegal, unauthorized, or improper act or process of
an individual, including a caregiver or fiduciary, that--
(A) uses the resources of a senior citizen for
monetary personal benefit, profit, or gain; or
(B) results in depriving a senior citizen of
rightful access to or use of benefits, resources,
belongings or assets;
(8) the term ``Federal financial institutions regulatory
agencies'' has the meaning given the term in section 1003 of
the Federal Financial Institutions Examination Council Act of
1978 (12 U.S.C. 3302);
(9) the term ``investment adviser'' has the meaning given
the term in section 202 of the Investment Advisers Act of 1940
(15 U.S.C. 80b-2);
(10) the term ``insurance company'' has the meaning given
the term in section 2(a) of the Investment Company Act of 1940
(15 U.S.C. 80a-2(a));
(11) the term ``registered representative'' means an
individual who represents a broker-dealer in effecting or
attempting to affect a purchase or sale of securities;
(12) the term ``senior citizen'' means an individual who is
not less than 65 years of age;
(13) the term ``State insurance regulator'' has the meaning
given such term in section 315 of the Gramm-Leach-Bliley Act
(15 U.S.C. 6735); and
(14) the term ``State securities or law enforcement
authority'' has the meaning given the term in section 24(f)(4)
of the Securities Exchange Act of 1934 (15 U.S.C. 78x(f)(4)).
(b) Immunity From Suit.--
(1) Immunity for individuals.--An individual who has
received the training described in section 3 shall not be
liable, including in any civil or administrative proceeding,
for disclosing the possible exploitation of a senior citizen to
a covered agency if the individual, at the time of the
disclosure--
(A) served as a supervisor, compliance officer
(including a Bank Secrecy Act Officer), or registered
representative for a covered financial institution; and
(B) made the disclosure with reasonable care
including reasonable efforts to avoid disclosure other
than to a covered agency.
(2) Immunity for covered financial institutions.--A covered
financial institution shall not be liable, including in any
civil or administrative proceeding, for a disclosure made by an
individual described in paragraph (1) if--
(A) the individual was employed by, or, in the case
of a registered representative, affiliated or
associated with, the covered financial institution at
the time of the disclosure; and
(B) before the time of the disclosure, the covered
financial institution provided the training described
in section 3 to each individual described in section
3(a).
SEC. 3. TRAINING REQUIRED.
(a) In General.--A covered financial institution may provide
training described in subsection (b)(1) to each officer or employee of,
or registered representative affiliated or associated with, the covered
financial institution who--
(1) is described in section 2(b)(1)(A);
(2) may come into contact with a senior citizen as a
regular part of the duties of the officer, employee, or
registered representative; or
(3) may review or approve the financial documents, records,
or transactions of a senior citizen in connection with
providing financial services to a senior citizen.
(b) Training.--
(1) In general.--The training described in this paragraph
shall--
(A) instruct any individual attending the training
on how to identify and report the suspected
exploitation of a senior citizen;
(B) discuss the need to protect the privacy and
respect the integrity of each individual customer of a
covered financial institution; and
(C) be appropriate to the job responsibilities of
the individual attending the training.
(2) Timing.--The training required under subsection (a)
shall be provided as soon as reasonably practicable but not
later than 1 year after the date on which an officer, employee,
or registered representative begins employment with or becomes
affiliated or associated with the covered financial
institution.
(3) Bank secrecy act officer.--An individual who is
designated as a compliance officer under an anti-money
laundering program established pursuant to section 5318(h) of
title 31, United States Code, shall be deemed to have received
the training described under this subsection.
SEC. 4. RELATIONSHIP TO STATE LAW.
Nothing in this Act shall be construed to preempt or limit any
provision of State law, except only to the extent that section 2
provides a greater level of protection against liability to an
individual described in section 2(b)(1) or to a covered financial
institution described in section 2(b)(2) than is provided under State
law.
Passed the House of Representatives July 5, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Senior Safe Act of 2016 This bill provides immunity from liability of: (1) a supervisor, compliance officer (including a Bank Secrecy Act Officer), or registered representative for a covered financial institution who has received training in the identification and reporting of suspected exploitation of a senior citizen (at least 65 years old) and the protection of customer privacy that is appropriate to job responsibilities for disclosing such exploitation to a covered agency if the individual made the disclosure with reasonable care, including reasonable efforts to avoid disclosure other than to a covered agency; and (2) the financial institution for such a disclosure if the individual was employed by or, in the case of a registered representative, affiliated or associated with, the institution at the time of the disclosure and the institution had provided such training. A "covered financial institution" is a credit union, depository institution, investment advisor, broker-dealer, insurance company, or state attorney general. A "covered agency" is a state financial regulatory agency, each of the federal financial institutions regulatory agencies, the Securities and Exchange Commission, a law enforcement agency, a state or local agency responsible for administering adult protective service laws, or a state attorney general. A covered financial institution may provide such training to each of its supervisors, compliance officers (including a Bank Secrecy Act Officer), or registered representatives who: (1) may come into contact with a senior citizen as a regular part of duties; or (2) may review or approve the financial documents, records, or transactions of a senior citizen in connection with providing financial services. | {"src": "billsum_train", "title": "Senior Safe Act of 2016"} | 1,482 | 337 | 0.611642 | 1.809218 | 0.7246 | 4.302932 | 4.478827 | 0.954397 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Work Pay Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Replacement of caseload reduction credit with employment
credit.
Sec. 4. States to receive partial credit toward work participation rate
for recipients engaged in part-time work.
Sec. 5. TANF recipients who qualify for supplemental security income
benefits removed from work participation
rate calculation for entire year.
Sec. 6. State option to include recipients of substantial child care or
transportation assistance in work
participation rate.
Sec. 7. Elimination of separate work participation rate for 2-parent
families.
Sec. 8. Effective date.
SEC. 3. REPLACEMENT OF CASELOAD REDUCTION CREDIT WITH EMPLOYMENT
CREDIT.
(a) Employment Credit To Reward States in Which Families Leave
Welfare for Work; Additional Credit for Families With Higher
Earnings.--
(1) In general.--Section 407(a) of the Social Security Act
(42 U.S.C. 607(a)) is amended by adding at the end the
following:
``(3) Employment credit.--
``(A) In general.--The minimum participation rate
otherwise applicable to a State under this subsection
for a fiscal year shall be reduced by the number of
percentage points in the employment credit for the
State for the fiscal year, as determined by the
Secretary--
``(i) using information in the National
Directory of New Hires, or
``(ii) with respect to a recipient of
assistance under the State program funded under
this part who is placed with an employer whose
hiring information is not reported to the
National Directory of New Hires, using
quarterly wage information submitted by the
State to the Secretary not later than such date
as the Secretary shall prescribe in
regulations.
``(B) Calculation of credit.--
``(i) In general.--The employment credit
for a State for a fiscal year is an amount
equal to--
``(I) twice the average quarterly
number of families that ceased to
receive cash payments under the State
program funded under this part during
the preceding fiscal year and that were
employed during the calendar quarter
immediately succeeding the quarter in
which the payments ceased, plus, at
State option, twice the number of
families that received a non-recurring
short-term benefit under the State
program funded under this part during
the preceding fiscal year and that were
employed in during the calendar quarter
immediately succeeding the quarter in
which the non-recurring short-term
benefit was so received; divided by
``(II) the average monthly number
of families that include an adult who
received cash payments under the State
program funded under this part during
the preceding fiscal year, plus, if the
State elected the option under
subclause (I), twice the number of
families that received a non-recurring
short-term benefit under the State
program funded under this part during
the preceding fiscal year.
``(ii) Special rule for former recipients
with higher earnings.--In calculating the
employment credit for a State for a fiscal
year, a family that, during the preceding
fiscal year, earned at least 33 percent of the
average wage in the State (determined on the
basis of State unemployment data) shall be
considered to be 1.5 families.
``(C) Publication of amount of credit.--Not later
than August 30 of each fiscal year, the Secretary shall
cause to be published in the Federal Register the
amount of the employment credit that will be used in
determining the minimum participation rate applicable
to a State under this subsection for the immediately
succeeding fiscal year.''.
(2) Authority of secretary to use information in national
directory of new hires.--Section 453(i) of such Act (42 U.S.C.
653(i)) is amended by adding at the end the following:
``(5) Calculation of employment credit for purposes of
determining state work participation rates under tanf.--The
Secretary may use the information in the National Directory of
New Hires for purposes of calculating State employment credits
pursuant to section 407(a)(2).''.
(b) Elimination of Caseload Reduction Credit.--Section 407(b) of
such Act (42 U.S.C. 607(b)) is amended by striking paragraph (3) and
redesignating paragraphs (4) and (5) as paragraphs (3) and (4),
respectively.
SEC. 4. STATES TO RECEIVE PARTIAL CREDIT TOWARD WORK PARTICIPATION RATE
FOR RECIPIENTS ENGAGED IN PART-TIME WORK.
Section 407(c)(1)(A) of the Social Security Act (42 U.S.C.
607(c)(1)(A)) is amended by adding at the end the following flush
sentence:
``For purposes of subsection (b)(1)(B)(i), a family
that does not include a recipient who is participating
in work activities for an average of 30 hours per week
during a month but includes a recipient who is
participating in such activities during the month for
an average of at least 50 percent of the minimum
average number of hours per week specified for the
month in the table set forth in this subparagraph shall
be counted as a percentage of a family that includes an
adult or minor child head of household who is engaged
in work for the month, which percentage shall be the
number of hours for which the recipient participated in
such activities during the month divided by the number
of hours of such participation required of the
recipient under this section for the month.''.
SEC. 5. TANF RECIPIENTS WHO QUALIFY FOR SUPPLEMENTAL SECURITY INCOME
BENEFITS REMOVED FROM WORK PARTICIPATION RATE CALCULATION
FOR ENTIRE YEAR.
Section 407(b)(1)(B)(ii) of the Social Security Act (42 U.S.C.
607(b)(1)(B)(ii)) is amended--
(1) in subclause (I), by inserting ``who has not become
eligible for supplemental security income benefits under title
XVI during the fiscal year'' before the semicolon; and
(2) in subclause (II), by inserting ``, and that do not
include an adult or minor child head of household who has
become eligible for supplemental security income benefits under
title XVI during the fiscal year'' before the period.
SEC. 6. STATE OPTION TO INCLUDE RECIPIENTS OF SUBSTANTIAL CHILD CARE OR
TRANSPORTATION ASSISTANCE IN WORK PARTICIPATION RATE.
(a) In General.--Section 407(a)(1) of the Social Security Act (42
U.S.C. 607(a)(1)) is amended by inserting ``(including, at the option
of the State, a family that includes an adult who is receiving
substantial child care or transportation assistance, as defined by the
Secretary, in consultation with directors of State programs funded
under this part, which definition shall specify for each type of
assistance a threshold which is a dollar value or a length of time over
which the assistance is received, and take account of large one-time
transition payments, except any family taken into account under
paragraph (2)(B)(i)(I))'' before the colon.
(b) Data Collection and Reporting.--Section 411(a)(1)(A) of such
Act (42 U.S.C. 611(a)(1)(A)) is amended in the matter preceding clause
(i) by inserting ``(including any family with respect to whom the State
has exercised its option under section 407(a)(1))'' after
``assistance''.
SEC. 7. ELIMINATION OF SEPARATE WORK PARTICIPATION RATE FOR 2-PARENT
FAMILIES.
Section 407 (42 U.S.C. 607) of the Social Security Act is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``All families''
and inserting ``In general''; and
(B) by striking paragraph (2) and redesignating
paragraph (3) (as added by section 3(a)(1) of this Act)
as paragraph (2); and
(2) in subsection (b)--
(A) by striking paragraph (2);
(B) in paragraph (3) (as so redesignated by section
3(b) of this Act), by striking ``paragraphs (1)(B) and
(2)(B)'' and inserting ``paragraph (1)(B)'';
(C) in paragraph (4) (as so redesignated), by
striking ``rates'' and inserting ``rate''; and
(D) by redesignating such paragraphs (3) and (4)
(as so redesignated) as paragraphs (2) and (3),
respectively.
SEC. 8. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect on October 1, 2003.
(b) State Option To Phase-in Replacement of Caseload Reduction
Credit With Employment Credit and Delay Applicability of Other
Provisions.--A State may elect to have the amendments made by sections
3(b) and 4 through 6 of this Act not apply to the State program funded
under part A of title IV of the Social Security Act until October 1,
2004, and if the State makes the election, then, in determining the
participation rate of the State for purposes of sections 407 and
409(a)(3) of the Social Security Act for fiscal year 2004, the State
shall be credited with \1/2\ of the reduction in the rate that would
otherwise result from applying section 407(a)(2) of the Social Security
Act (as added by section 3(a)(1), and as so redesignated by section
7(1)(B), of this Act) to the State for fiscal year 2004 and \1/2\ of
the reduction in the rate that would otherwise result from applying
section 407(b)(3) of the Social Security Act to the State for fiscal
year 2004. | Making Work Pay Act - Amends part A (Temporary Assistance to Needy Families) (TANF) of title IV of the Social Security Act (SSA), with respect to rewards to States in which families leave welfare for work, to replace the caseload reduction credit with an employment credit. Requires the reduction of a State's minimum participation rate by the number of percentage points in the State's employment credit for the fiscal year.Allows States to receive partial credit toward their work participation rate for recipients engaged in part-time work for an average of at least half the minimum average number of hours per week.Removes from the work participation rate calculation for a entire year any TANF recipients who qualify for supplemental security income benefits under SSA title XVI.Grants States the option to include recipients of substantial child care or transportation assistance in the work participation rate.Repeals the separate work participation rate for two-parent families (thus lowering their rate to the one applied to one-parent families). | {"src": "billsum_train", "title": "A bill to replace the caseload reduction credit with an employment credit under the program of block grants to States for temporary assistance for needy families, and for other purposes."} | 2,256 | 222 | 0.633 | 1.695323 | 0.903276 | 3.37766 | 10.515957 | 0.888298 |
SECTION 1. PILOT PROGRAM ON MOBILE PROVISION OF CARE AND SERVICES FOR
VETERANS IN RURAL AREAS BY THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out a pilot program to assess the feasability and
advisability of providing care and services described in
subsection (d) to veterans residing in rural areas through the
mobile system described in subsection (e).
(2) Designation.--The pilot program shall be known as the
``Mobile Support for Rural Veterans Program'' (in this section
referred to as the ``pilot program'').
(b) General Administration.--
(1) Principal responsibility.--The Secretary shall carry
out the pilot program through the Director of the Office of
Rural Health of the Department of Veterans Affairs.
(2) Consultation.--The pilot program shall be developed and
carried out in consultation with the following:
(A) The Regional Director of Veterans Integrated
Services Network (VISN) 23, in which mobile Department
of Veterans Affairs clinics are currently in operation.
(B) The Director of the Office of Rural Health
Policy of the Department of Health and Human Services.
(C) The agencies or offices for rural health in the
States selected for participation in the pilot program.
(D) The country or local agencies or offices for
rural health in the areas designated for the pilot
program.
(c) Locations.--
(1) In general.--The pilot program shall be carried out in
not less than three Veterans Integrated Services Networks
selected by the Secretary for purposes of the pilot program.
(2) Rural areas within visns.--The pilot program shall be
carried out in one or more rural areas in each Veterans
Integrated Services Network selected under paragraph (1) that
are designated by the Secretary for purposes of the pilot
program in consultation with the Regional Director of such
Veterans Integrated Services Network. In designating such
areas, the Secretary shall take into account--
(A) the number of veterans residing in or near an
area; and
(B) the difficulty of access of such veterans to
the nearest Department of Veterans Affairs medical
facility, whether by reason of ravel or other factors.
(d) Care and Services Provided.--The care and services provided
under the pilot program shall include, but not be limited to, care and
services as follows:
(1) Counseling and education for veterans on accessing such
health care, educational, pension, or other benefits for which
veterans may eligible under the laws administered by the
Secretary of Veterans Affairs.
(2) Assistance for veterans in completing paperwork
necessary for enrollment in the health care system of the
Department of Veterans Affairs.
(3) The prescription for and delivery to veterans of
medications for which veterans are entitled under such laws,
including, in particular, medications for veterans suffering
from acute or chronic injuries or illnesses.
(4) Mental health screenings for veterans to identify
potential mental health disorders such as post-traumatic stress
disorder (PTSD) or a substance abuse, including, in particular,
for veterans recently discharged or released after service
overseas in Operation Iraqi Freedom or Operation Enduring
Freedom.
(5) Job placement assistance and information on employment
or training opportunities for veterans.
(6) Substance abuse counseling for veterans.
(7) Bereavement counseling for families of members of the
Armed Forces who were killed in military service.
(8) Such other care, services, and assistance as the
Secretary considers appropriate for purposes of the pilot
program.
(e) Mobile System.--
(1) In general.--Care and services under the pilot program
shall be provided through a mobile system established for
purposes of the pilot program that meets the requirements of
this subsection.
(2) Personnel.--In providing care and services under the
pilot program, the mobile system shall transport to the areas
designated for the pilot program personnel as follows:
(A) Department of Veterans Affairs physicians,
nurses, and mental health specialists.
(B) Department of Veterans Affairs casework
officers.
(C) Department of Veterans Affairs benefits
counselors.
(D) Such other personnel of the Department as the
Secretary considers appropriate for purposes of the
pilot program.
(3) Additional materials.--In providing care and services
under the pilot program, the mobile system shall transport also
such equipment, forms, information, and other materiel as are
necessary for the provision of care and services under the
pilot program.
(4) Visits.--
(A) Frequency.--The mobile system shall visit each
area designated for the pilot program at least once
each 45 days.
(B) Duration.--The mobile system shall be present
in an area designated for the pilot program during each
visit under subparagraph (A) for a period of not less
than 48 hours
(f) Coordination Requirements.--
(1) Identification of veterans not enrolled in va health
care system.--In carrying out the pilot program, the Secretary
of Veterans Affairs and the Secretary of Defense shall jointly
undertake actions to identify veterans residing in areas
designated for the pilot program who are not enrolled in, or
otherwise being cared for by, the health care system of the
Department of Veterans Affairs.
(2) Coordination with county and local veterans service
offices.--In carrying out the pilot program, the Secretary of
Veterans Affairs shall coordinate with county and local
veterans service officers in areas designated for the pilot
program to--
(A) establish contact with veterans in such areas
who are not enrolled in the health care system of the
Department of Veterans Affairs;
(B) inform veterans in such areas, in advance, of
the date and location of visits of the mobile system
under subsection (e) to such areas; and
(C) identify possibilities to complete necessary
paperwork or preparation for veterans to maximize the
effectiveness of the pilot program.
(3) Utilization of community-based outpatient clinics.--The
pilot program shall, to the extent practicable, utilize
appropriate personnel and resources of community-based
outpatient clinics of the Department of Veterans Affairs in
areas designated for the pilot program, including the inclusion
of such personnel in visits of the mobile system under
subsection (e).
(g) Reports.--Not later than 16 months after the commencement of
the pilot program, and every 180 days thereafter, the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and the
House of Representatives a report on the pilot program. The report
shall include the following:
(1) A description and assessment of the implementation of
the pilot program.
(2) An assessment, current as of the date of the report, of
the effectiveness of the pilot program in providing care and
services to veterans residing in rural areas, including a
comparative assessment of effectiveness for each of the various
areas designated for the pilot program.
(3) An assessment, current as of the date of the report, of
the effectiveness of the coordination described in subsection
(f) in contributing toward the effectiveness of the pilot
program.
(4) Such recommendations as the Secretary considers
appropriate for modifications of the pilot program in order to
better provide care and services to veterans residing in rural
areas.
(h) Authorization of Appropriations.--There is hereby authorized to
be appropriated for the Department of Veterans Affairs to carry out
this section amounts as follows:
(1) $10,000,000 for fiscal year 2008.
(2) $10,000,000 for fiscal year 2009.
(3) $10,000,000 for fiscal year 2010. | Directs the Secretary of Veterans Affairs to carry out a pilot program to assess the feasibility and advisability of providing care and a variety of services (including counseling) to veterans residing in rural areas through a mobile system that transports Department of Veterans Affairs (VA) medical and benefits personnel, as well as equipment and other materials, to the areas designated for the program.
Requires a mobile system to visit each designated area at least once each 45 days and remain present during each visit for at least 48 hours.
Sets forth coordination requirements concerning identification of veterans who are not enrolled in, or otherwise being cared for by, the VA health care system, county and local veterans service offices, and use of community-based VA outpatient clinics. | {"src": "billsum_train", "title": "A bill to require a pilot program on the mobile provision of care and services for veterans in rural areas by the Department of Veterans Affairs, and for other purposes."} | 1,537 | 161 | 0.6132 | 1.710273 | 0.729709 | 3.195804 | 10.769231 | 0.902098 |
SECTION 1. 5-YEAR CARRYBACK OF OPERATING LOSSES.
(a) In General.--Subparagraph (H) of section 172(b)(1) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(H) Carryback for 2008 and 2009 net operating
losses.--
``(i) In general.--In the case of an
applicable 2008 or 2009 net operating loss with
respect to which the taxpayer has elected the
application of this subparagraph--
``(I) subparagraph (A)(i) shall be
applied by substituting any whole
number elected by the taxpayer which is
more than 2 and less than 6 for `2',
``(II) subparagraph (E)(ii) shall
be applied by substituting the whole
number which is one less than the whole
number substituted under subclause (I)
for `2', and
``(III) subparagraph (F) shall not
apply.
``(ii) Applicable 2008 or 2009 net
operating loss.--For purposes of this
subparagraph, the term `applicable 2008 or 2009
net operating loss' means--
``(I) the taxpayer's net operating
loss for any taxable year ending in
2008 or 2009, or
``(II) if the taxpayer elects to
have this subclause apply in lieu of
subclause (I), the taxpayer's net
operating loss for any taxable year
beginning in 2008 or 2009.
``(iii) Election.--Any election under this
subparagraph shall be made in such manner as
may be prescribed by the Secretary, and shall
be made by the due date (including extension of
time) for filing the taxpayer's return for the
taxable year of the net operating loss. Any
such election, once made, shall be irrevocable.
``(iv) Coordination with alternative tax
net operating loss deduction.--In the case of a
taxpayer who elects to have clause (ii)(II)
apply, section 56(d)(1)(A)(ii) shall be applied
by substituting `ending during 2001 or 2002 or
beginning during 2008 or 2009' for `ending
during 2001, 2002, 2008, or 2009'.''.
(b) Alternative Tax Net Operating Loss Deduction.--Subclause (I) of
section 56(d)(1)(A)(ii) is amended to read as follows:
``(I) the amount of such deduction
attributable to the sum of carrybacks
of net operating losses from taxable
years ending during 2001, 2002, 2008,
or 2009 and carryovers of net operating
losses to such taxable years, or''.
(c) Loss From Operations of Life Insurance Companies.--Subsection
(b) of section 810 is amended by adding at the end the following new
paragraph:
``(4) Carryback for 2008 and 2009 losses.--
``(A) In general.--In the case of an applicable
2008 or 2009 loss from operations with respect to which
the taxpayer has elected the application of this
paragraph, paragraph (1)(A) shall be applied, at the
election of the taxpayer, by substituting `5' or `4'
for `3'.
``(B) Applicable 2008 or 2009 loss from
operations.--For purposes of this paragraph, the term
`applicable 2008 or 2009 loss from operations' means--
``(i) the taxpayer's loss from operations
for any taxable year ending in 2008 or 2009, or
``(ii) if the taxpayer elects to have this
clause apply in lieu of clause (i), the
taxpayer's loss from operations for any taxable
year beginning in 2008 or 2009.
``(C) Election.--Any election under this paragraph
shall be made in such manner as may be prescribed by
the Secretary, and shall be made by the due date
(including extension of time) for filing the taxpayer's
return for the taxable year of the loss from
operations. Any such election, once made, shall be
irrevocable.
``(D) Coordination with alternative tax net
operating loss deduction.--In the case of a taxpayer
who elects to have subparagraph (B)(ii) apply, section
56(d)(1)(A)(ii) shall be applied by substituting
`ending during 2001 or 2002 or beginning during 2008 or
2009' for `ending during 2001, 2002, 2008, or 2009'.''.
(d) Anti-Abuse Rules.--The Secretary of Treasury or the Secretary's
designee shall prescribe such rules as are necessary to prevent the
abuse of the purposes of the amendments made by this section, including
anti-stuffing rules, anti-churning rules (including rules relating to
sale-leasebacks), and rules similar to the rules under section 1091 of
the Internal Revenue Code of 1986 relating to losses from wash sales.
(e) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
net operating losses arising in taxable years ending after
December 31, 2007.
(2) Alternative tax net operating loss deduction.--The
amendment made by subsection (b) shall apply to taxable years
ending after 1997.
(3) Loss from operations of life insurance companies.--The
amendment made by subsection (d) shall apply to losses from
operations arising in taxable years ending after December 31,
2007.
(4) Transitional rule.--In the case of a net operating loss
(or, in the case of a life insurance company, a loss from
operations) for a taxable year ending before the date of the
enactment of this Act--
(A) any election made under section 172(b)(3) or
810(b)(3) of the Internal Revenue Code of 1986 with
respect to such loss may (notwithstanding such section)
be revoked before the applicable date,
(B) any election made under section 172(b)(1)(H) or
810(b)(4) of such Code with respect to such loss shall
(notwithstanding such section) be treated as timely
made if made before the applicable date, and
(C) any application under section 6411(a) of such
Code with respect to such loss shall be treated as
timely filed if filed before the applicable date.
For purposes of this paragraph, the term ``applicable date''
means the date which is 60 days after the date of the enactment
of this Act.
(f) Exception for TARP Recipients.--The amendments made by this
section shall not apply to--
(1) any taxpayer if--
(A) the Federal Government acquires, at any time,
an equity interest in the taxpayer pursuant to the
Emergency Economic Stabilization Act of 2008, or
(B) the Federal Government acquires, at any time,
any warrant (or other right) to acquire any equity
interest with respect to the taxpayer pursuant to such
Act,
(2) the Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation, and
(3) any taxpayer which at any time in 2008 or 2009 is a
member of the same affiliated group (as defined in section 1504
of the Internal Revenue Code of 1986, determined without regard
to subsection (b) thereof) as a taxpayer described in paragraph
(1) or (2).
(g) Transfers to the General Fund.--From time to time, the
Secretary of the Treasury shall transfer to the general fund of the
Treasury an amount equal to the reduction in revenues to the Treasury
resulting from the amendments made by subsections (a) through (f).
Notwithstanding section 5 of the American Recovery and Reinvestment Act
of 2009 (Public Law 111-5), such amounts shall be transferred from the
amounts appropriated or made available and remaining unobligated under
such Act. | Amends the Internal Revenue Code to allow a five-year carryback of net operating losses, including the operating losses of life insurance companies, incurred in 2008 and 2009.
Denies such extended loss carryover period to: (1) taxpayers in whom the federal government acquires an equity interest under the Emergency Economic Stabilization Act of 2008; (2) the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac); and (3) members of certain affiliated groups.
Directs the Secretary of the Treasury to make transfers to the general fund to cover reductions in revenues resulting from this Act. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a 5-year carryback of operating losses, and for other purposes."} | 1,711 | 129 | 0.448821 | 1.183937 | 0.436707 | 2.53719 | 12.661157 | 0.785124 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare IVIG
Access Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Medicare payment for immune globulins.
Sec. 4. Coverage and payment of intravenous immune globulin in the
home.
Sec. 5. Patient access surveys and reports.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds the following:
(1) Intravenous immune globulin (IVIG) is a human blood
plasma derived product, which over the past 25 years has become
an invaluable therapy for many primary immunodeficiency
diseases, as well as a number of neurological, autoimmune, and
other chronic conditions and illnesses. For many of these
disorders, IVIG is the most effective and viable treatment
available, and has dramatically improved the quality of life
for persons with these conditions and has become a life-saving
therapy for many.
(2) The Food and Drug Administration (FDA) recognizes each
IVIG brand as a unique biologic. The differences in basic
fractionation and the addition of various modifications for
further purification, stabilization and virus inactivation/
removal yield clearly different biological products. As a
result, IVIG therapies are not interchangeable, with patient
tolerance differing from one IVIG brand to another.
(3) The report of the Office of the Assistant Secretary for
Planning and Evaluation (ASPE), Department of Health and Human
Services (DHHS), ``Analysis of Supply, Distribution, Demand,
and Access Issues Associated with Immune Globulin Intravenous
(IGIV)'', issued in May 2007, found that IVIG manufacturing is
complex and requires substantial upfront cash outlay and
planning and takes between seven and 12 months from plasma
collection at donor centers to FDA lot release.
(4) The Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 changed Medicare's reimbursement
methodology for IVIG from average wholesale price (AWP) to
average sales price plus 6 percent (ASP+6), effective January
1, 2005, for physicians, and January 1, 2006, for hospital
outpatient departments, thereby reducing reimbursement rates
paid to these providers of IVIG on behalf of Medicare
beneficiaries.
(5) An Office of the Inspector General (OIG) April 2007
report, Intravenous Immune Globulin: Medicare Payment and
Availability, found that Medicare reimbursement for IVIG was
inadequate to cover the cost many providers must pay for the
product. During the third quarter of 2006, 44 percent of IVIG
sales to hospitals and 41 percent of sales to physicians by the
three largest distributors occurred at prices above Medicare
payment amounts.
(6) The ASPE report notes that after the new reimbursement
rules for physicians was instituted in 2005, 42 percent of
Medicare beneficiaries who had received their IVIG treatment in
their physician's office at the end of 2004 were shifted to the
hospital outpatient setting by the beginning of 2006. This
shift in site of care has resulted in lack of continuity of
care and adverse impact on health outcomes and quality of life.
(7) The OIG also reported that 61 percent of responding
physicians indicated that they had sent patients to hospitals
for IVIG treatment, largely because of their inability to
purchase IVIG at prices below the Medicare payment amounts. In
addition, OIG found that some physicians had stopped providing
IVIG to Medicare beneficiaries altogether.
(8) The OIG's 2007 report concluded that whatever
improvement some providers saw in the relationship of Medicare
reimbursement for IVIG to prices paid during the first three
quarters of 2006 would be eroded if manufacturers were to
increase prices for IVIG in the future.
(9) The Centers for Medicare & Medicaid Services, in
recognition of dislocations experienced by patients and
providers in obtaining IVIG since the change to the ASP+6
reimbursement methodology, has provided during 2006 and 2007 a
temporary additional payment for IVIG preadministration-related
services to compensate physicians and hospital outpatient
departments for the extra resources they have had to expend in
locating and obtaining appropriate IVIG products and in
scheduling patient infusions.
(10) Approximately 10,000 Medicare beneficiaries receive
IVIG treatment for their primary immunodeficiency disease in a
variety of different settings. They have no other effective
treatment for their condition.
(11) The Medicare Modernization Act of 2003 (MMA)
established an IVIG home infusion benefit for persons with
primary immunodeficiency disease (PIDD), paying only for IVIG
and specifically excluding coverage of items and services
related to administration of the product.
(12) The ASPE report, Analysis of Supply, Distribution,
Demand, and Access Issues Associated with Immune Globulin
Intravenous (IGIV), found that Medicare's IVIG home infusion
benefit is not designed to reimburse for more than the cost of
IVIG and does not cover the cost of infusion services (for
example, nursing and clinical services and supplies) in the
home. As a consequence, the report found that home infusion
providers generally do not accept new PIDD patients with only
Medicare coverage. These limitations in service are caused by
health care providers (A) not being able to acquire IVIG at
prices at or below the Medicare part B reimbursement level, and
(B) not being reimbursed for the infusion services provided by
a nurse.
(13) Access to home infusion of IVIG for PIDD patients, who
have a genetic or intrinsic defect in their human immune
system, will reduce their exposure to infections at a time when
their antibodies are compromised and will improve the quality
of their care and their health.
SEC. 3. MEDICARE PAYMENT FOR IMMUNE GLOBULINS.
(a) In General.--Section 1842(o)(1)(E) of the Social Security Act
(42 U.S.C. 1395u(o)(1)(E)) is amended--
(1) in paragraph (1)(E)(ii), by inserting before the period
the following: ``, plus an additional amount (if applicable)
under paragraph (7)'';
(2) in paragraph (7), by striking ``(6)'' and inserting
``(7)'' and by redesignating it as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7)(A) Not later than 6 months after the date of the
enactment of the Medicare IVIG Access Act of 2007, the
Secretary shall--
``(i) collect data on the differences, if any,
between payments to physicians for immune globulins
under paragraph (1)(E)(ii) and costs incurred by
physicians for furnishing these products; and
``(ii) review available data, including survey data
presented by members of the IVIG community on the
access of individuals eligible for services under this
part to immune globulins.
``(B) Upon completion of the review and collection of data
under subparagraph (A), and not later than 7 months after the
date of the enactment of this paragraph, the Secretary shall
provide, if appropriate, to physicians furnishing immune
globulins, a payment, in addition to the payment provided for
in paragraph (1)(E)(ii), for all items related to the
furnishing of immune globulins, in an amount that the Secretary
determines to be appropriate.
``(C) In the case of immune globulins furnished on or after
January 1, 2007, the Secretary shall continue the
preadministration-related services payment established under
the Final Physician Fee Schedule Rule issued by the Centers for
Medicare & Medicaid Services on November 1, 2006 (CMS-1321-FC),
until such time as the Secretary determines that payment for
immune globulins is adequate or until a new payment methodology
is implemented.''.
(b) As Part of Hospital Outpatient Services.--Section 1833(t)(14)
of such Act (42 U.S.C. 1395l(t)(14)) is amended--
(1) in subparagraph (A)(iii), by striking ``subparagraph
(E)'' and inserting ``subparagraphs (E) and (I)''; and
(2) by adding at the end the following new subparagraph:
``(I) Additional payment for immune globulins.--
``(i) Data collection and review.--Not
later than 6 months after the date of the
enactment of the Medicare IVIG Access Act of
2007, the Secretary shall--
``(I) review available data,
including survey data presented by
members of the IVIG community, on the
access of individuals eligible for
services under this part to immune
globulins; and
``(II) collect data on the
differences, if any, between payments
for immune globulins under subparagraph
(A)(iii) and costs incurred for
furnishing these products.
``(ii) Additional payment authority.--Upon
completion of the review and collection of data
under clause (i), and not later than 7 months
after the date of the enactment of this
subparagraph, the Secretary shall provide, if
appropriate, to hospitals furnishing immune
globulins as part of a covered OPD service, a
payment, in addition to the payment provided
for under subparagraph (A)(iii), for all items
related to the furnishing of immune globulins,
in an amount that the Secretary determines to
be appropriate.
``(iii) Continuation of special payment
rule.--In the case of immune globulins
furnished on or after January 1, 2007, the
Secretary shall continue the preadministration-
related services payment established under the
Final Hospital Outpatient Rule issued by the
Centers for Medicare & Medicaid Services
November 1, 2006 (CMS-1506-FC), until such time
as the Secretary determines that payment for
immune globulins is adequate or until a new
payment methodology is implemented.''.
SEC. 4. COVERAGE AND PAYMENT OF INTRAVENOUS IMMUNE GLOBULIN IN THE
HOME.
(a) Including Coverage of Administration.--
(1) In general.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended--
(A) in subsection (s)(2)(Z), by inserting before
the semicolon at the end the following: ``, regardless
of whether the individual receiving the globulin is
eligible to receive home health services under this
title''; and
(B) in subsection (zz), by striking ``but not
including items or services related to the
administration of the derivative''.
(2) Conforming home health amendment.--Section 1814(a) of
such Act (42 U.S.C. 1395f(a)) is amended by adding at the end
the following: ``An individual eligible for intravenous immune
globulin under section 1861(s)(2)(Z) shall not be considered
eligible for home health services under paragraph (2)(C) or
section 1835(a)(2)(A) solely on the basis of meeting the
requirements of such subsection or section 1861(zz).''.
(b) Payment for Intravenous Immune Globulin Administration in the
Home.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by adding
at the end the following new subsection:
``(n) Payment for Intravenous Immune Globulin in the Home.--The
Secretary shall review available published and unpublished data and
information, including the Study of Intravenous Immune Globulin
Administration Options: Safety, Access, and Cost Issues (CMS Contract
#500-95-0059), on confirming the appropriateness of administration of
intravenous immune globulin in the home setting, and (as appropriate)
calculate the amount, in addition to that made under section
1842(o)(1)(E)(ii) for immune globulins, that should be paid to
providers for clinical, compliance, and complication management
services for ensuring safe and efficacious delivery of immune globulins
in the home setting under 1861(s)(2)(Z). The Secretary shall pay such
amounts no later than January 1, 2008.''.
(c) Application of Criminal Record Request Provisions to IVIG In-
Home Providers.--Section 124(i)(1) of the Departments of Commerce,
Justice, State, the Judiciary, and Related Agencies Appropriations Act,
1999 (as contained in section 1(b) of Public Law 105-277; 112 Stat.
2681-74) is amended by adding at the end the following: ``Such term
includes an entity providing intravenous immune globulin under part B
of title XVIII of the Social Security Act in a home.''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to intravenous immune globulin administered on or after
January 1, 2008.
SEC. 5. PATIENT ACCESS SURVEYS AND REPORTS.
(a) Surveys.--The Secretary of Health and Human Services shall
conduct, not later than 3 years after the date of the enactment of this
Act, two surveys of Medicare and non-Medicare patients who need immune
globulins for the purpose of measuring changes in patient access to
those products (and providers furnishing those products), as well as
changes in the health care status of those patients. The Secretary may
enter into contracts with organizations or entities qualified to
conduct such surveys.
(b) Survey Reports.--Each of the surveys shall include a report to
the Secretary and the Committees on Energy and Commerce and Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate on findings from the survey, as well as a discussion of
reasons for observed changes, if any.
(c) Congressional Reports.--On the basis of findings from such
surveys, the Secretary shall submit to Congress reports that include
recommendations on necessary adjustments in payments for immune
globulins under the Medicare program in order to assure beneficiary
access to those products and providers that furnish those products. The
first such report shall be submitted no later than 2 years after the
date of the enactment of this Act and the second report no later than
four years after such date. | Medicare IVIG Access Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to collect and review data on the differences, if any, between: (1) payments to physicians for immune globulins using average sales price payment methodology; and (2) costs incurred by physicians for furnishing these products.
Requires the Secretary, after completion of the review, to provide, if appropriate, an additional payment to such physicians for all items related to the furnishing of immune globulins as part of hospital outpatient services.
Provides for Medicare coverage of and payment for intravenous immune globulin (IVIG) administered in the home.
Directs the Secretary to conduct two surveys, for reports to Congress, of Medicare and non-Medicare patients who need immune globulins in order to measure changes in patient access to those products (and providers furnishing them), as well as changes in the health care status of those patients. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to improve access of Medicare beneficiaries to immune globulins."} | 3,177 | 218 | 0.582178 | 1.892961 | 0.747076 | 4.241935 | 14.924731 | 0.962366 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Business Incubator Promotion Act''.
SEC. 2. DEVELOPMENT OF BUSINESS INCUBATORS.
Section 2(b) of the Public Works and Economic Development Act (42
U.S.C. 3121(b)) is amended by striking paragraph (3) and inserting the
following:
``(3) whether suffering from long-term distress or a sudden
economic dislocation, distressed communities should be
encouraged to support the formation of business incubators to
promote innovation and entrepreneurship in economically
distressed areas and to take other actions to support
entrepreneurship, so as to help regions to create higher-skill,
higher-wage jobs and foster the participation of those regions
in the global marketplace; and''.
SEC. 3. DEFINITIONS.
Section 3 of the Public Works and Economic Development Act (42
U.S.C. 3122) is amended--
(1) by redesignating paragraphs (1) through (12) as
paragraphs (2) through (13), respectively; and
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1)) the following:
``(1) Business incubator.--
``(A) In general.--The term `business incubator'
means an organization or entity established to foster
the start-up of businesses or accelerate the growth of
fledgling companies by providing entrepreneurs with
resources and services to produce viable businesses
that can help create jobs and restore vitality to
distressed areas.
``(B) Exclusion.--The term `business incubator'
does not include an organization or entity that is
organized primarily as a for-profit venture.''.
SEC. 4. UNEMPLOYMENT RATE.
Section 301(a)(2) of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3161(a)(2)) is amended by striking ``24-month
period'' and inserting ``12-month period''.
SEC. 5. INCREASE IN FEDERAL SHARE; SPECIAL NEED AREAS.
Section 204(c) of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3144(c)) is amended--
(1) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively;
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1)) the following:
``(1) Relative needs of an area.--
``(A) 175-percent higher unemployment rate.--In the
case of a grant made in an area for which the 12-month
unemployment rate is at least 175 percent of the
national average or the per capita income is not more
than 60 percent of the national average, the Secretary
may increase the Federal share above the percentage
specified in subsection (a) up to 80 percent of the
cost of the project.
``(B) 150-percent higher unemployment rate.--In the
case of a grant made in an area for which the 12-month
unemployment rate is at least 150 percent of the
national average or the per capita income is not more
than 65 percent of the national average, the Secretary
may increase the Federal share above the percentage
specified in subsection (a) up to 70 percent of the
cost of the project.
``(C) 125-percent higher unemployment rate.--In the
case of a grant made in an area for which the 12-month
unemployment rate is at least 125 percent of the
national average or the per capita income is not more
than 70 percent of the national average, the Secretary
may increase the Federal share above the percentage
specified in subsection (a) up to 60 percent of the
cost of the project.
``(D) Unemployment rate greater than national
average.--In the case of a grant made in an area for
which the 12-month unemployment rate is at least 1
percentage point greater than the national 12-month
unemployment rate or the per capita income is not more
than 80 percent of the national average, the Secretary
may increase the Federal share above the percentage
specified in subsection (a) up to 50 percent of the
cost of the project.''; and
(3) by adding at the end the following:
``(5) Special need areas.--In any case of severe economic
distress during which grant rates based on relative need as
required under subsection (a) result in a level for the non-
Federal share that prevents eligible recipients in a particular
area from participating in grant assistance under this Act, the
Secretary may--
``(A) deem the area to be experiencing a special
need under section 301(a)(3);
``(B) reduce the non-Federal share to 20 percent of
the cost of a project; and
``(C) waive the local share below that amount, or
entirely, if the unemployment rate exceeds 12 percent
or otherwise meets the requirements of paragraph
(3).''.
SEC. 6. BUSINESS INCUBATORS.
Title II of the Public Works and Economic Development Act of 1965
is amended by inserting after section 207 (42 U.S.C. 3147) the
following:
``SEC. 208. BUSINESS INCUBATORS.
``(a) Development of Plans for Creation or Expansion of Business
Incubators.--On receipt of an application from an eligible recipient
(as determined by the Secretary in accordance with subsection (c)), the
Secretary may provide grants to the eligible recipient for--
``(1) the development of feasibility studies and plans for
the creation of new, or expansion of existing, business
incubators;
``(2) the implementation of those studies and plans by
supporting the creation of new or expansion of existing
business incubators and related programmatic and technical
assistance; and
``(3) the temporary support of operations of business
incubators, to the extent that the Secretary determines that
the support is essential to assist a business incubator in
becoming self-sustainable.
``(b) Limitation on Amount of Grants.--The amount of a grant
provided to an eligible recipient under this section may not exceed--
``(1) $750,000, if the grant is to be used for feasibility
studies and plans; or
``(2) $3,000,000, if the grant is to be used for
implementation of those studies and plans.
``(c) Procedure for Providing Grants.--
``(1) Competitive process required.--The Secretary shall
provide each grant under this section to an eligible recipient
selected pursuant to a competitive process.
``(2) Selection criteria.--The Secretary shall publish the
criteria to be used in any competition under this paragraph for
the selection of eligible recipients of grants under this
section, including requirements relating to--
``(A) the projected number of jobs required to be
created at a new or expanded business incubator for
each of the first 6 years after the date of receipt of
the grant;
``(B) the funding to be required to create or
expand a business incubator during the first 5 years
after the date of receipt of the grant;
``(C) the types of businesses and research entities
expected in the business incubator and surrounding
community;
``(D) letters of intent by businesses and research
entities to establish a location in the business
incubator;
``(E) the capability to attract a well-trained
workforce to the business incubator;
``(F) the management of the business incubator; and
``(G) such other factors as the Secretary
determines to be appropriate.
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section such sums as are necessary for fiscal
year 2010 and each fiscal year thereafter.
``(2) Availability.--Amounts made available pursuant to
paragraph (1) for a fiscal year shall remain available until
the end of the second fiscal year following the fiscal year in
which the amounts were first made available.''. | Business Incubator Promotion Act - Amends the Public Works and Economic Development Act to include among the Act's goals encouraging distressed communities to support the formation of business incubators to promote innovation and entrepreneurship in economically distressed areas.
Defines "business incubator" as an entity established to foster the startup of businesses or accelerate the growth of fledgling companies by providing entrepreneurs with resources and services to produce viable businesses that can help create jobs and restore vitality to distressed areas, excluding an entity organized primarily as for-profit venture.
Modifies criteria for the eligibility of an area for grants under such Act for public works and economic development or economic adjustment projects to require an area to have had an unemployment rate of at least 1% greater than the national average for the most recent 12-month (currently, 24-month) period for which data are available.
Authorizes the Secretary of Commerce to: (1) increase the federal share for public works and economic development project grants based upon an area's unemployment rate or per capita income compared to the national average; and (2) reduce or waive the non-federal or local share required for participation in such grant assistance for a special need area in cases of severe economic distress.
Authorizes the Secretary to provide competitive grants for: (1) the development and implementation of feasibility studies and plans for the creation or expansion of business incubators; and (2) the temporary support of operations of business incubators that is essential to self-sustainability. | {"src": "billsum_train", "title": "A bill to amend the Public Works and Economic Development Act of 1965 to modify the period used to calculate certain unemployment rates, to encourage the development of business incubators, and for other purposes."} | 1,697 | 305 | 0.684578 | 2.154893 | 0.852003 | 3.13986 | 5.730769 | 0.895105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Obesity in Youth Act of
2016''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Research has shown that early childhood is an important
time for developing dietary and physical activity behaviors
that support health and well-being and may help prevent
obesity.
(2) Infants as young as 7 months have shown eating patterns
that are similar to older children and adults.
(3) For children under 1 year of age, promoting
opportunities for movement (such as reaching, crawling, and
creeping) may be the most effective way to increase physical
activity and improve children's motor skills.
(4) Children who are exposed to healthy foods early are
more likely to prefer and eat healthy foods and to develop
eating habits that promote healthy growth that can continue
throughout childhood.
(5) Healthy eating can improve a child's learning ability
and potentially lead to higher academic performance, along with
his or her mental, social, and physical well-being and can
contribute to increased self-esteem.
(6) A 2010 study indicated that daily physical activity is
not only essential for healthy weight maintenance, but also for
practicing and learning fundamental gross motor skills and
socioemotional and cognitive skills. Furthermore, when children
have the opportunity for adequate physical activity, they
benefit physically, psychologically and socially.
(7) Nearly 20 percent (1 in 5) of 2-year-olds spend more
than 2 hours of a typical day watching television or videos.
(8) The Journal of the American Medical Association
Pediatrics found that each incremental hour of watching
television at age 2 is associated with corresponding declines
in school engagement, math achievement, and weekend physical
activity, and with increases in bullying by classmates,
consumption of soft drinks and snacks, and BMI at age 10.
(9) A major study published in the New England Journal of
Medicine, found that a third of children who were overweight in
kindergarten were obese by eighth grade. Almost every child who
was very obese remained that way, suggesting that efforts must
start much earlier and focus more on the children at greatest
risk.
(10) In 2012, three-fourths of United States preschool-aged
children were in child care, and most of their day was spent in
sedentary activities.
(11) Center-based programs serve approximately 6,980,000
children birth through age 5 years but not yet in kindergarten,
making the early childhood care and education setting an
important one for promoting healthful habits.
(12) Early care and education learning collaboratives in 9
States have reached nearly 156,000 children and improved early
childhood care and education provider practices for nutrition
and physical activity.
(b) Purposes.--It is the purpose of this Act to--
(1) establish a program that will influence practices,
policies, and environments in early care and education settings
to support healthy eating, physical activity, and screen time
reduction for children ages birth through 5;
(2) enhance the training and knowledge of early care and
education providers on strategies for promoting healthy eating
(including early feeding best practices), physical activity,
and screen time reduction in early care and education settings;
(3) monitor progress of healthy eating and physical
activity promotion in early care and education settings; and
(4) identify emerging, and expand existing, approaches to
engaging families and parents of children ages birth to 5 in
healthy eating, physical activity, and screen time reduction.
SEC. 3. HEALTHY KIDS PROGRAM.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART W--HEALTHY KIDS PROGRAM
``SEC. 399OO. DEFINITIONS.
``In this part:
``(1) Director.--The term `Director' means the Director of
the Centers for Disease Control and Prevention.
``(2) Early care and education.--The term `early care and
education' means programs and activities that serve children
ages birth through 5 years either through in-home or out-of-
home settings, including child care programs, Head Start
programs, and pre-kindergarten programs.
``(3) Screen time reduction.--The term `screen time
reduction' means policies or guidelines designed to reduce the
daily amount of time that children spend watching or looking at
digital monitors or displays, including television sets,
computer monitors, or hand-held gaming devices.
``SEC. 399PP. GRANTS.
``(a) In General.--The Secretary, in coordination with the Centers
for Disease Control and Prevention and the Administration for Children
and Families shall, subject to the availability of appropriations,
award 5-year competitive grants to eligible entities to assist in the
development of healthier early care and education environments to
improve healthy eating and physical activity among children ages birth
through 5 years in early care and education settings. Training provided
under such grants shall be consistent with the best practices from
existing health and wellness resources endorsed by the Secretary, in
consultation with the Institute of Medicine, the Administration for
Children and Families' Office of Child Care and Office of Head Start,
the Centers for Disease Control and Prevention's Division of Nutrition,
Physical Activity, and Obesity, and the Health Resources and Services
Administration's Maternal and Child Health Bureau.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be--
``(A) a nonprofit organization with expertise in
early childhood health and obesity prevention;
``(B) an institution of higher education or
research center that employs faculty with relevant
expertise; or
``(C) a consortium of entities described in
subparagraphs (A) and (B) that submit a single
application to carry out activities under the grant
jointly; and
``(2) submit to the Director an application at such time,
in such manner, and containing such information as the Director
may require.
``(c) Use of Funds.--
``(1) Identification of areas of opportunities and goals.--
An entity that receives a grant under this section shall, using
Department of Health and Human Services guidance and tools
(such as the Spectrum of Opportunities for Obesity Prevention
in the Early Care and Education Setting developed by the
Centers for Disease Control and Prevention), identify areas of
opportunity and set goals and carry out activities to promote
healthy eating, physical activity, and screen time reduction
strategies among children ages birth through 5 years in early
care and education settings.
``(2) Activities.--An entity shall use amounts received
under a grant under this section to carry out each of the
following activities:
``(A) Provide training, technical assistance, and
resources to implementing partners, which may include
States, territories, cities, or nonprofit
organizations, to integrate the promotion of healthy
eating (including early feeding best practices),
physical activity, and screen time reduction into
existing early care and education State programs and
standards to create and spread sustainable change
within the State or territory involved.
``(B) Work directly with implementing partners to
create sustainable programs to train early care and
education providers through train-the-trainer models,
learning collaboratives, or other approaches approved
by the Secretary.
``(C) Enter into a contract with a nonprofit
organization or other entity with relevant expertise
that is approved by the Secretary, to evaluate the
programs carried out under the grant, including
baseline, process, and outcome measurements.
``(3) Dissemination of best practices.--Upon the conclusion
of programs and activities carried out under the grants under
this section, the Secretary shall disseminate to all
appropriate agencies within the Department of Health and Human
Services evidence, best practices, and lessons derived from the
experiences of grantees with respect to reducing and preventing
obesity and overweight among children ages birth through 5
years in the early care and education settings. Such agencies
shall encourage the adoption of such best practices.
``(d) Preference.--
``(1) Grantees.--In awarding grants under this section, the
Secretary shall give preference to eligible entities that--
``(A) have a history of working with early care and
education providers and States in obesity prevention in
the early care and education setting;
``(B) demonstrate a history of, and capacity to,
leverage private dollars to amplify obesity prevention
efforts in early care and education settings;
``(C) demonstrate a history of working successfully
with an evaluator to determine program effectiveness;
``(D) demonstrate a history of, and capacity to,
collaborate with the health sector on obesity
prevention initiatives;
``(E) demonstrate a history of, and capacity to,
spread and sustain health initiatives; and
``(F) demonstrate the ability to conduct at least 3
pilot programs to test innovative or evidence-informed
approaches to engage families, including families of
children ages birth to 5 years, in the promotion of
healthy eating and physical activity.
``(2) Implementing partners.--In selecting States,
territories, cities, or nonprofit organizations as implementing
partners under a grant under this section, a grantee shall
ensure that such partners--
``(A) serve populations that are racially,
ethnically, and geographically diverse;
``(B) represent a mix of rural and urban settings;
``(C) have a varied level of existing
infrastructure, capacity, and other programmatic
initiatives to address obesity prevention in early care
and education systems; and
``(D) possess expertise in early care and education
or children's health and the ability to implement
evidence-informed interventions to promote healthy
eating, physical activity, and screen time reduction
strategies in early care and education settings for
children ages birth through 5 years, including
strategies targeted to addressing the needs of children
ages birth through 2 years and strategies to engage
parents in healthy eating and physical activity
promotion.
``(e) Tracking State Progress.--The Secretary shall use amounts
appropriated under subsection (g)(2) to enter into contracts with, or
award grants to, institutions of higher education, nonprofit
organizations, or other entities with relevant monitoring and
surveillance expertise that are approved by the Secretary, to track
State progress in obesity prevention policies and practices of early
care and education programs through a sentinel set of States.
``(f) Report to Congress.--Not later than 12 months after the
completion of the programs and activities funded under grants awarded
under this section, the Secretary shall submit to Congress a report
concerning an evaluation of the results of such programs and activities
and sentinel surveillance, including recommendations on how lessons
learned from such programs can be incorporated into future guidance
documents developed and provided by the Secretary or Director and other
Federal agencies as appropriate.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
``(1) $4,000,000 for each of fiscal years 2017, 2018, 2019,
2020, and 2021; and
``(2) $1,700,000 for fiscal year 2017, to be used to track
State progress in obesity prevention policies and practices of
early care and education programs in a sentinel set of States
as provided for in subsection (e).''. | Reducing Obesity in Youth Act of 2016 This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS), in coordination with the Centers for Disease Control and Prevention and the Administration for Children and Families, to award grants to promote healthy eating and physical activity among children under six years old in early care and education settings. HHS must track the obesity prevention policies and practices of early care and education programs. | {"src": "billsum_train", "title": "Reducing Obesity in Youth Act of 2016"} | 2,394 | 95 | 0.440886 | 1.10486 | 0.761087 | 4.755814 | 27.581395 | 0.918605 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Enforcement Act of
2005''.
SEC. 2. NO EFFECT ON RIGHTS AND LIABILITIES.
Nothing in this Act shall be construed to affect--
(1) the right of an individual or State to receive any
child support payment; or
(2) the obligation of an individual to pay child support.
SEC. 3. REFUNDABLE CREDIT FOR UNPAID CHILD SUPPORT PAYMENTS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and inserting
after section 35 the following new section:
``SEC. 36. UNPAID CHILD SUPPORT.
``(a) In General.--In the case of a custodial parent who, as of the
close of the taxable year, is owed child support, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year an amount equal to the unpaid child support as of the
close of the taxable year.
``(b) Subsequent Payments.--If any unpaid child support with
respect to which a credit was allowed under subsection (a) is
subsequently paid to the custodial parent, the amount of such payment
shall not be included in the gross income of the custodial parent, nor
shall it be allowed as a deduction to the delinquent debtor. The
delinquent debtor shall be neither required nor allowed to file an
amended return in any subsequent year to reflect the subsequent payment
of unpaid child support.
``(c) Identication Requirements.--
``(1) In general.--A qualifying child shall not be taken
into account under subsection (a) unless the taxpayer includes
the name, age, and TIN of the qualifying child on the return of
tax for the taxable year.
``(2) Other methods.--The Secretary may prescribe other
methods for providing the information described in paragraph
(1).
``(d) Information Returns.--
``(1) In general.--No amount shall be allowed as a credit
under subsection (a) for a taxable year unless the custodial
parent completes Form 1099-CS (or such other form as the
Secretary may prescribe) and provides such form to the
Secretary, and (if the address is known) to the delinquent
debtor, within 45 days following the close of the taxable year
for which the credit is claimed.
``(2) Contents of form.--The Form 1099-CS (or such other
form as the Secretary may prescribe) shall contain--
``(A) the total amount of child support owed
(whether or not paid) for such taxable year,
``(B) the total amount of unpaid child support as
of the last day of such taxable year,
``(C) the name, address (if known), and taxpayer
identification number of the delinquent debtor, and
``(D) notice that the delinquent debtor is required
to include such total amount of unpaid child support in
gross income for the delinquent debtor's taxable year
which includes the last day of the custodial parent's
taxable year.
``(3) Debtor's address unknown.--If the delinquent debtor's
address is not known to the custodial parent, the Form 1099-CS
(or such other form as the Secretary may prescribe) shall
indicate that fact. In such a case, the Secretary may send such
notice if the address is available to the Secretary, and the
notice from the custodial parent to the delinquent debtor under
subparagraph (A) shall not be required.
``(e) Determination of Whether Child Support Is Paid.--
``(1) Child support enforcement office records as
conclusive evidence of payment.--Child support shall be treated
as paid if such payment is recorded by the State office of
child support enforcement in which the custodial parent is
registered.
``(2) Timely mailing as timely payment.--A payment received
by the State office of child support enforcement in which the
custodial parent is registered after the last day of the
custodial parent's taxable year shall be treated for the
purpose of this section as paid on such day if the postmark
date falls on or before such day. The rules of section 7502(f)
and regulations issued thereunder shall apply for purposes of
this paragraph.
``(f) Definitions.--For the purposes of this section--
``(1) Unpaid child support.--The term `unpaid child
support' means child support that is payable for months during
a custodial parent's taxable year and unpaid as of the last day
of such taxable year, but only if such unpaid amount as of such
day equals or exceeds one-half of the total amount of child
support due to the custodial parent for such year.
``(2) Child support.--The term `child support' means--
``(A) any periodic payment of a fixed amount, or
``(B) any payment of a medical education expense,
insurance premium, or other similar item,
which is required to be paid to a custodial parent by an
individual under a support instrument for the support of any
qualifying child of such individual. The term `child support'
does not include any amount which is described in section
408(a)(3) of the Social Security Act and which has been
assigned to a State.
``(3) Custodial parent.--The term `custodial parent' means
an individual who is entitled to receive child support and who
has registered with the appropriate State office of child
support enforcement charged with implementing section 454 of
the Social Security Act.
``(4) Delinquent debtor.--The term `delinquent debtor'
means a taxpayer who owes unpaid child support to a custodial
parent.
``(5) Qualifying child.-- The term `qualifying child' means
a child of a custodial parent with respect to whom a dependent
deduction is allowable under section 151 for the taxable year
(or would be so allowable but for section 152(e)(4)).
``(6) Support instrument.--The term `support instrument'
means--
``(A) a decree of divorce or separate maintenance
or a written instrument incident to such a decree,
``(B) a written separation agreement, or
``(C) a decree (not described in clause (i)) of a
court or administrative agency requiring a parent to
make payments for the support or maintenance of 1 or
more children of such parent.''.
(b) Conforming and Clerical Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 36 of such Code''.
(2) The table of sections for subpart C of part IV of
chapter 1 of the Internal Revenue Code of 1986 is amended by
redesignating the item relating to section 36 as an item
relating to section 37 and by inserting after the item relating
to section 35 the following new item:
``Sec. 36. Unpaid child support.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 4. INCLUSION IN INCOME OF AMOUNT OF UNPAID CHILD SUPPORT.
(a) In General.--Section 108 of the Internal Revenue Code of 1986
(relating to discharge of indebtedness income) is amended by adding at
the end the following new subsection:
``(h) Unpaid Child Support.--
``(1) In general.--For purposes of this chapter, any unpaid
child support of a delinquent debtor for any taxable year shall
be treated as amounts includible in gross income of the
delinquent debtor for the taxable year.
``(2) Determination of whether child support is unpaid.--
``(A) In general.--Child support shall be treated
as paid if such payment is recorded by the State office
of child support enforcement in which the custodial
parent is registered.
``(B) Timely mailing as timely payment.--A payment
received by the State office of child support
enforcement in which the custodial parent is registered
after the last day of the custodial parent's taxable
year shall be treated for the purpose of this
subsection as paid on such day if the postmark date
falls on or before such day. The rules of section
7502(f) and regulations issued thereunder shall apply
for purposes of this subparagraph.
``(3) Definitions.--For the purposes of this subsection--
``(A) Child support.--The term `child support'
means--
``(i) any periodic payment of a fixed
amount, or
``(ii) any payment of a medical education
expense, insurance premium, or other similar
item,
which is required to be paid to a custodial parent by
an individual under a support instrument for the
support of any qualifying child of such individual.
`Child support' does not include any amount which is
described in section 408(a)(3) of the Social Security
Act and which has been assigned to a State.
``(B) Custodial parent.--The term `custodial
parent' means an individual who is entitled to receive
child support and who has registered with the
appropriate State office of child support enforcement
charged with implementing section 454 of the Social
Security Act.
``(C) Delinquent debtor.--The term `delinquent
debtor' means a taxpayer who owes unpaid child support
to a custodial parent.
``(D) Qualifying child.-- The term `qualifying
child' means a child of a custodial parent with respect
to whom a dependent deduction is allowable under
section 151 for the taxable year (or would be so
allowable but for section 152(e)(4)).
``(E) Support instrument.--The term `support
instrument' means--
``(i) a decree of divorce or separate
maintenance or a written instrument incident to
such a decree,
``(ii) a written separation agreement, or
``(iii) a decree (not described in clause
(i)) of a court or administrative agency
requiring a parent to make payments for the
support or maintenance of 1 or more children of
such parent.
``(F) Unpaid child support.--The term `unpaid child
support' means child support that is payable for months
during a custodial parent's taxable year and unpaid as
of the last day of such taxable year, provided that
such unpaid amount as of such day equals or exceeds
one-half of the total amount of child support due to
the custodial parent for such year.
``(4) Coordination with other laws.--Amounts treated as
income by paragraph (1) shall not be treated as income by
reason of paragraph (1) for the purposes of any provision of
law which is not an internal revenue law.''.
SEC. 5. TAXPAYER INFORMATION REGARDING CHILD SUPPORT NOT BASIS FOR
AUDIT.
A discrepancy between the tax returns of a custodial parent and a
delinquent debtor concerning whether a payment of child support has
been made may not be used or relied upon by the Internal Revenue
Service in any way in selecting an individual's tax return for a
general audit.
SEC. 6. EFFECTIVE DATE; IMPLEMENTATION.
The amendments made by the Act shall apply to taxable years
beginning after December 31, 2004. The Secretary of the Treasury shall
publish Form 1099-CS (or such other form that may be prescribed to
comply with section 36(d) of the Internal Revenue Code of 1986 (as
added by this Act)) regulations, if any, that may be deemed necessary
to carry out the purposes of this Act, not later than 90 days after the
date of enactment of this Act. | Child Support Enforcement Act of 2005 - Amends the Internal Revenue Code to: (1) allow a custodial parent (a parent entitled to receive child support) a refundable tax credit for unpaid child support; and (2) include in the gross income of any taxpayer who is delinquent in the payment of child support the amount of such unpaid child support.
Prohibits the Internal Revenue Service from selecting a tax return for audit based upon any discrepancy between the tax returns of a custodial parent and a taxpayer delinquent in the payment of child support. | {"src": "billsum_train", "title": "To allow a custodial parent a refundable credit for unpaid child support payments and to require a parent who is chronically delinquent in child support to include the amount of the unpaid obligation in gross income."} | 2,778 | 130 | 0.562254 | 1.427343 | 0.600195 | 3.730769 | 23.105769 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wakefield Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) There are 31,000,000 child and adolescent visits to the
Nation's emergency departments every year.
(2) Over 90 percent of children requiring emergency care
are seen in general hospitals, not in free-standing children's
hospitals, with one-quarter to one-third of the patients being
children in the typical general hospital emergency department.
(3) Severe asthma and respiratory distress are the most
common emergencies for pediatric patients, representing nearly
one-third of all hospitalizations among children under the age
of 15 years, while seizures, shock, and airway obstruction are
other common pediatric emergencies, followed by cardiac arrest
and severe trauma.
(4) Up to 20 percent of children needing emergency care
have underlying medical conditions such as asthma, diabetes,
sickle-cell disease, low birth weight, and bronchopulmonary
dysplasia.
(5) Significant gaps remain in emergency medical care
delivered to children. Only about 6 percent of hospitals have
available all the pediatric supplies deemed essential by the
American Academy of Pediatrics and the American College of
Emergency Physicians for managing pediatric emergencies, while
about half of hospitals have at least 85 percent of those
supplies.
(6) Providers must be educated and trained to manage
children's unique physical and psychological needs in emergency
situations, and emergency systems must be equipped with the
resources needed to care for this especially vulnerable
population.
(7) Systems of care must be continually maintained,
updated, and improved to ensure that research is translated
into practice, best practices are adopted, training is current,
and standards and protocols are appropriate.
(8) The Emergency Medical Services for Children (EMSC)
Program under section 1910 of the Public Health Service Act (42
U.S.C. 300w-9) is the only Federal program that focuses
specifically on improving the pediatric components of emergency
medical care.
(9) The EMSC Program promotes the nationwide exchange of
pediatric emergency medical care knowledge and collaboration by
those with an interest in such care and is depended upon by
Federal agencies and national organizations to ensure that this
exchange of knowledge and collaboration takes place.
(10) The EMSC Program also supports a multi-institutional
network for research in pediatric emergency medicine, thus
allowing providers to rely on evidence rather than anecdotal
experience when treating ill or injured children.
(11) The Institute of Medicine stated in its 2006 report,
``Emergency Care for Children: Growing Pains'', that the EMSC
Program ``boasts many accomplishments . . . and the work of the
program continues to be relevant and vital''.
(12) The EMSC Program is celebrating its 25th anniversary,
marking a quarter-century of driving key improvements in
emergency medical services to children, and should continue its
mission to reduce child and youth morbidity and mortality by
supporting improvements in the quality of all emergency medical
and emergency surgical care children receive.
(b) Purpose.--It is the purpose of this Act to reduce child and
youth morbidity and mortality by supporting improvements in the quality
of all emergency medical care children receive.
SEC. 3. REAUTHORIZATION OF EMERGENCY MEDICAL SERVICES FOR CHILDREN
PROGRAM.
Section 1910 of the Public Health Service Act (42 U.S.C. 300w-9) is
amended--
(1) in subsection (a), by striking ``3-year period (with an
optional 4th year'' and inserting ``4-year period (with an
optional 5th year'';
(2) in subsection (d)--
(A) by striking ``and such sums'' and inserting
``such sums''; and
(B) by inserting before the period the following:
``, $25,000,000 for fiscal year 2010, $26,250,000 for
fiscal year 2011, $27,562,500 for fiscal year 2012,
$28,940,625 for fiscal year 2013, and $30,387,656 for
fiscal year 2014'';
(3) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(4) by inserting after subsection (a) the following:
``(b)(1) The purpose of the program established under this section
is to reduce child and youth morbidity and mortality by supporting
improvements in the quality of all emergency medical care children
receive, through the promotion of projects focused on the expansion and
improvement of such services, including those in rural areas and those
for children with special health care needs. In carrying out this
purpose, the Secretary shall support emergency medical services for
children by supporting projects that--
``(A) develop and present scientific evidence;
``(B) promote existing and innovative technologies
appropriate for the care of children; or
``(C) provide information on health outcomes and
effectiveness and cost-effectiveness.
``(2) The program established under this section shall--
``(A) strive to enhance the pediatric capability of
emergency medical service systems originally designed primarily
for adults; and
``(B) in order to avoid duplication and ensure that Federal
resources are used efficiently and effectively, be coordinated
with all research, evaluations, and awards related to emergency
medical services
for children undertaken and supported by the Federal
Government.''.
Passed the House of Representatives March 30, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Wakefield Act - Amends the Public Health Service Act to extend by one year the length of time for which a grant may be awarded under the emergency medical services for children grant program, which allows the Secretary of Health and Human Services to make grants to states or schools of medicine to support projects to expand and improve emergency medical services for children who need treatment for trauma or critical care. Reauthorizes appropriations for such grant program for FY2010-FY2014.
Sets forth as the purpose of the program the reduction of child and youth morbidity and mortality by supporting improvements in the quality of all emergency medical care children receive.
Requires the Secretary to support emergency medical services for children by supporting projects that: (1) develop and present scientific evidence; (2) promote existing innovative technologies appropriate for the care of children; and (3) provide information on health outcomes and effectiveness and cost-effectiveness.
Directs that such program: (1) strive to enhance the pediatric capability of emergency medical service systems; and (2) be coordinated with all research, evaluations, and awards undertaken by the federal government related to emergency medical services for children. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide a means for continued improvement in emergency medical services for children."} | 1,182 | 230 | 0.532117 | 1.659664 | 0.820834 | 3.495455 | 5.127273 | 0.859091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second-Stage Small Business
Development Act of 2005''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a four-year pilot program
to--
(1) identify second-stage small business concerns that have
the capacity for significant business growth and job creation;
(2) facilitate business growth and job creation by second-
stage small business concerns through the development of peer
learning opportunities;
(3) utilize the network of small business development
centers to expand access to peer learning opportunities for
second-stage small business concerns; and
(4) assist businesses owned by minority individuals,
service-disabled veterans, and women.
SEC. 3. PILOT PROGRAM.
(a) Establishment.--The Administrator shall establish and carry out
a pilot program (referred to in this Act as the ``pilot program'') to
make grants to eligible entities for the development of peer learning
opportunities for second-stage small business concerns in accordance
with this Act.
(b) Selection of Grant Recipients.--
(1) In general.--From the eligible entities located in the
States in each of the 10 regions under paragraph (3), the
Administrator shall select 2 eligible entities to receive
grants.
(2) Eligible entities.--In this Act, the term ``eligible
entity'' means an entity that--
(A) is eligible to receive funding under section 21
of the Small Business Act (15 U.S.C. 648); and
(B) submits to the Secretary an application that
includes--
(i) a plan to--
(I) offer peer learning
opportunities to second-stage small
business concerns; and
(II) transition to providing such
opportunities using non-governmental
funding; and
(ii) any other information and assurances
that the Secretary may require.
(3) Criteria for selection.-- The Administrator shall
evaluate the plans submitted by the eligible entities under
paragraph (2) and select eligible entities to receive grants on
the basis of the merit of such plans.
(4) Regions described.--The regions referred to in
paragraph (1) are as follows:
(A) Region 1.--Maine, Massachusetts, New Hampshire,
Connecticut, Vermont, and Rhode Island.
(B) Region 2.--New York, New Jersey, Puerto Rico,
and the Virgin Islands.
(C) Region 3.-- Pennsylvania, Maryland, West
Virginia, Virginia, the District of Columbia, and
Delaware.
(D) Region 4.--Georgia, Alabama, North Carolina,
South Carolina, Mississippi, Florida, Kentucky, and
Tennessee.
(E) Region 5.--Illinois, Ohio, Michigan, Indiana,
Wisconsin, and Minnesota.
(F) Region 6.--Texas, New Mexico, Arkansas,
Oklahoma, and Louisiana.
(G) Region 7.--Missouri, Iowa, Nebraska, and
Kansas.
(H) Region 8.--Colorado, Wyoming, North Dakota,
South Dakota, Montana, and Utah.
(I) Region 9.--California, Guam, Hawaii, Nevada,
Arizona, and American Samoa.
(J) Region 10.--Washington, Alaska, Idaho, and
Oregon.
(5) Consultation.--If small business development centers
have formed an association to pursue matters of common concern
as authorized under section 21(a)(3)(A) of the Small Business
Act (15 U.S.C. 648(a)(3)(A)), the Administrator shall consult
with such association and give substantial weight to the
recommendations of such association in selecting the grant
recipients.
(6) Deadline for initial selections.--The Administrator
shall make selections under paragraph (1) not later than 60
days after the promulgation of regulations under section 4.
(c) Use of Funds.--An eligible entity that receives a grant under
the pilot program shall use the grant to--
(1) identify second-stage small business concerns in the
service delivery areas of the eligible entity; and
(2) establish and conduct peer learning opportunities for
such second-stage small business concerns.
(d) Amount of Grant.--
(1) In general.--Except as provided in paragraph (2), a
grant under the pilot program shall be in an amount that does
not exceed the product obtained by multiplying--
(A) the amount made available for grants under the
pilot program for the fiscal year for which the grant
is made; and
(B) the ratio that the population of the State in
which the eligible entity is located bears to the
aggregate population the States in which eligible
entities receiving grants for that fiscal year are
located.
(2) Minimum amount of grant.--A grant under the pilot
program shall be in an amount not less than $50,000.
(e) Matching Requirement.--As a condition of a grant under the
pilot program, the Administrator shall require that a matching amount
be provided from sources other than the Federal Government that--
(1) is equal to the amount of the grant, or in the case of
an eligible entity that is a community college, historically
Black college, Hispanic-serving institution, or other minority
institution, is equal to 50 percent of the amount of the grant;
(2) is not less than 50 percent cash;
(3) is not more than 50 percent comprised of indirect costs
and in-kind contributions; and
(4) does not include any indirect cost or in-kind
contribution derived from any Federal program.
(f) Quarterly Report to Administrator.--
(1) In general.--Each eligible entity that receives a grant
under the pilot program shall submit to the Administrator a
quarterly report that includes--
(A) a summary of the peer learning opportunities
established by the eligible entity using grant funds;
(B) the number of second-stage small business
concerns assisted using grant funds; and
(C) in the case of an eligible entity that receives
a grant for a second fiscal year or any subsequent
fiscal year--
(i) any measurable economic impact data
resulting from the peer learning opportunities
established using grant funds; and
(ii) the number of peer learning
opportunities established by the eligible
entity that have transitioned from operating
using Government funds to operating without
using Government funds.
(2) Form of report.--The report required under paragraph
(1) shall be transmitted in electronic form.
(g) Data Repository and Clearinghouse.--In carrying out the pilot
program, the Administrator shall act as the repository of and
clearinghouse for data and information submitted by the eligible
entities.
(h) Annual Report on Pilot Program.--Not later than November 1 of
each year, the Administrator shall submit to the President and to
Congress, a report evaluating the success of the pilot program during
the preceding fiscal year, which shall include the following:
(1) A description of the types of peer learning
opportunities provided with grant funds.
(2) The number of second-stage small business concerns
assisted with grant funds.
(3) For fiscal year 2007 and each subsequent fiscal year of
the pilot program--
(A) data regarding the economic impact of the peer
learning opportunities provided with grant funds; and
(B) the number of peer learning opportunities
established by grant recipients that have transitioned
from operating using Government funds to operating
without using Government funds.
(i) Privacy Requirement.--
(1) In general.--A small business development center,
consortium of small business development centers, or contractor
or agent of a small business development center shall not
disclose the name, address, or telephone number of any
individual or small business concern receiving assistance under
this section without the consent of such individual or small
business concern, unless--
(A) the Administrator is ordered to make such a
disclosure by a court in any civil or criminal
enforcement action initiated by a Federal or State
agency; or
(B) the Administrator considers such a disclosure
to be necessary for the purpose of conducting a
financial audit of a small business development center,
but a disclosure under this subparagraph shall be
limited to the information necessary for such audit.
(2) Administrator use of information.--The privacy
requirement under this subsection shall not--
(A) restrict Administrator access to program
activity data; or
(B) prevent the Administrator from using client
information to conduct client surveys.
(j) Evaluation and Report.--Not later than 3 years after the
establishment of the pilot program, the Comptroller General of the
United States shall--
(1) conduct an evaluation of the pilot program; and
(2) transmit to Congress and the Administrator a report
containing the results of such evaluation along with any
recommendations as to whether the pilot program, with or
without modification, should be extended to include the
participation of all small business development centers.
(k) Termination.--The pilot program shall terminate on September
30, 2009.
SEC. 4. REGULATIONS.
After providing notice and an opportunity for comment and after
consulting with the association described in section 3(b)(5) (if any
such association has been formed), the Administrator shall promulgate
final regulations to carry out this Act, including regulations that
establish--
(1) standards relating to the establishment and conduct of
peer learning opportunities to be provided by grant recipients,
including the number of individuals that may participate in a
peer group that is part of a peer learning opportunity;
(2) standards relating to the educational, technical, and
professional competency of any facilitator who delivers peer
learning opportunities under the pilot program; and
(3) requirements for transitioning peer learning
opportunities funded under the pilot program to non-
governmental funding.
SEC. 5. DEFINITIONS.
In this Act:
(1) The term ``Administrator'' means the Administrator of
the Small Business Administration.
(2) The term ``peer learning opportunities'' means formally
organized peer groups of owners, presidents and chief executive
officers in non-competing second-stage business concerns,
meeting regularly with a professionally trained facilitator.
(3) The term ``second-stage small business concern'' means
a small business concern that--
(A) has experienced high growth demonstrated by--
(i) an average annual revenue or employee
growth rate of at least 15 percent during the
preceding 3 years; or
(ii) any 3 of the following:
(I) Owning proprietary intellectual
property.
(II) Addressing an underserved or
growing market.
(III) Having a sustainable
competitive advantage.
(IV) Exporting goods or services
outside of its community.
(V) Having a product or service
that is scalable to a large market.
(VI) Ownership by minority
individuals, service-disabled veterans,
or women; and
(B) does not exceed the size standard for the North
American Industrial Classification System code of such
concern, as established pursuant to section 3(a) of the
Small Business Act (15 U.S.C. 632(a)).
(4) The term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632).
(5) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, and American Samoa.
(6) The term ``community college'' has the meaning given
that term in section 3301(3) of the Higher Education Act of
1965 (20 U.S.C. 7011(3)).
(7) The term ``historically Black college'' means a part B
institution, as defined in section 322(2) of the Higher
Education Act of 1965 (20 U.S.C. 1061(2)).
(8) The term ``Hispanic-serving institution'' has the
meaning given that term in section 502(a)(5) of the Higher
Education Act of 1965 (20 U.S.C. 1101a(a)(5)).
(9) The term ``minority institution'' has the meaning given
that term in section 365(3) of the Higher Education Act of 1965
(20 U.S.C. 1067k(3)).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $1,500,000 for each of fiscal years 2006 through 2009.
(b) Limitation on Use of Other Funds.--The Administrator shall
carry out this Act using only amounts appropriated in advance
specifically for the purpose of carrying out this Act. | Second-Stage Small Business Development Act of 2005 - Directs the Administrator of the Small Business Administration (SBA) to carry out a four-year pilot program to make grants to eligible entities for the development of peer learning opportunities for second-stage small businesses.Defines as a second-stage small business one that: (1) has experienced high growth demonstrated by an average annual revenue or employee growth rate of at least 15 percent during the preceding three years; (2) does not exceed the size standard for the North American Industrial Classification System code of a small business; and (3) has any three of specified characteristics, including owning proprietary intellectual property, addressing an underserved or growing market, and ownership by minority individuals, service-disabled veterans, or women.
Provides a: (1) grant formula, with a minimum amount of $50,000; and (2) 50% matching funds requirement.
Requires: (1) quarterly reports from grant recipients to the Administrator on the use of grant funds; (2) an annual report from the Administrator to the President and Congress evaluating the pilot program; and (3) a Comptroller General pilot program evaluation and report to Congress and the Administrator. Terminates the pilot program on September 30, 2009.
Provides privacy requirements applicable to small business development centers administering pilot program assistance.
Authorizes appropriations. | {"src": "billsum_train", "title": "To direct the Administrator of the Small Business Administration to establish a pilot program to make grants to eligible entities for the development of peer learning opportunities for second-stage small business concerns."} | 2,628 | 277 | 0.579074 | 1.794496 | 0.77834 | 3.598485 | 9.556818 | 0.931818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Pediatric HIV/AIDS Prevention
and Treatment Act''.
SEC. 2. FINDINGS.
Section 2 of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (26 U.S.C. 7601) is amended--
(1) in paragraph (3), by adding at the end the following:
``(D) In 2007, the rate at which children accessed
treatment failed to keep pace with new pediatric infections.
While children account for almost 16 percent of all new HIV
infections, they make up only 9 percent of those receiving
treatment under this Act.'';
(2) by amending paragraph (16) to read as follows:
``(16) Basic interventions to prevent new HIV infections
and to bring care and treatment to people living with AIDS,
such as voluntary counseling and testing, are achieving
meaningful results and are cost-effective. The challenge is to
expand these interventions to a national basis in a coherent
and sustainable manner.''; and
(3) by amending paragraph (20) to read as follows:
``(20) With no medical intervention, mothers infected with
HIV have a 25 to 30 percent chance of passing the virus to
their babies during pregnancy and childbirth. A simple and
effective intervention can significantly reduce mother to child
transmission of HIV. A single dose of an anti-retroviral drug
given once to the mother at the onset of labor, and once to the
baby during the first 3 days of life reduces transmission by
approximately 50 percent. Other more complex drug regimens can
further reduce transmission from mother-to-child. A dramatic
expansion of access to prevention of mother-to-child
transmission services is critical to preventing thousands of
new pediatric HIV infections.''.
SEC. 3. POLICY PLANNING AND COORDINATION.
Section 101(b)(3) of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7611(b)(3)) is amended
by adding at the end the following:
``(X) A description of the activities that will be
conducted to achieve the targets described in
paragraphs (1) and (2) of section 312(b).''.
SEC. 4. BILATERAL EFFORTS.
(a) Assistance To Combat HIV/AIDS.--Section 104A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b-2) is amended--
(1) in subsection (d)(1)--
(A) by amending subparagraph (E) to read as
follows:
``(E) assistance to--
``(i) achieve the target described in
section 312(b)(1) of the United States
Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003; and
``(ii) promote infant feeding options for
HIV positive mothers that are consistent with
the most recent infant feeding recommendations
and guidelines supported by the World Health
Organization;'';
(B) in subparagraph (G), by striking ``and'' at the
end;
(C) in subparagraph (H), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(I) assistance to achieve the target described in
section 312(b)(2) of the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003.''; and
(2) in subsection (e)(2)(C)--
(A) in clause (iii), by striking ``and'' at the
end;
(B) in clause (iv), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(v) the number of HIV-infected children
currently receiving antiretroviral medications
in each country under the United States
Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003.''.
(b) Assistance to Children and Families.--Subtitle B of Title III
of the United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (22 U.S.C. 7651 et seq.) is amended by striking
sections 311 and 312 and inserting the following:
``SEC. 311. FINDINGS.
``Congress makes the following findings:
``(1) Every day, approximately 1,100 children around the
world are infected with HIV, the vast majority through mother-
to-child transmission during pregnancy, labor or delivery or
soon after through breast-feeding. Approximately 90 percent of
these infections occur in Africa.
``(2) With no medical intervention, mothers infected with
HIV have a 25 to 30 percent chance of passing the virus to
their babies during pregnancy and childbirth. A single dose of
an anti-retroviral drug given once to the mother at the onset
of labor, and once to the baby during the first 3 days of life
reduces transmission by approximately 50 percent.
``(3) Providing the full range of interventions, as is the
standard of care in the United States, could reduce the rate of
mother-to-child transmission of HIV to as little as 2 percent.
``(4) Global coverage of services to prevent transmission
from mother-to-child remains unacceptably low. The Joint United
Nations Program on HIV/AIDS (UNAIDS) reports that fewer than 10
percent of pregnant women with HIV in resource-poor countries
have access to prevention of mother-to-child transmission
services.
``(5) Prevention of mother-to-child transmission programs
provide health benefits for women and children beyond
preventing the vertical transmission of HIV. They serve as an
entry point for mothers to access treatment for their own HIV
infection, allowing them to stay healthy and to care for their
children. Efforts to connect and integrate prevention of
mother-to-child transmission and HIV care, treatment and
prevention programs are crucial to achieving improved outcomes
for HIV-affected and HIV-infected women and families.
``(6) Access to comprehensive HIV prevention services must
be drastically scaled-up among pregnant women infected with HIV
and pregnant women not infected with HIV to further protect
themselves and their partners against the sexual transmission
of HIV/AIDS.
``(7) Preventing unintended pregnancy among HIV-infected
women is recognized by the World Health Organization and the
Office of the United States Global AIDS Coordinator to be an
integral component of prevention of mother-to-child
transmission programs. To further reduce infection rates, women
accessing prevention of mother-to-child transmission services
must have access to a range of high-quality family planning and
reproductive health care, so they can make informed decisions
about future pregnancies and contraception.
``(8) In 2007, the rate at which children were accessing
treatment failed to keep pace with new pediatric infections.
While children account for almost 16 percent of all new HIV
infections, they make up only 9 percent of those on treatment
under this Act.
``(9) Of the more than 2,500,000 people who were newly
infected with HIV in 2007, more than 420,000 were children.
``(10) Without proper care and treatment, half of newly
HIV-infected children will die before they reach 2 years of
age, and 75 percent will die before 5 years of age.
``(11) Because children are not just small adults,
providing HIV care and treatment presents special challenges,
including--
``(A) limited access to reliable HIV testing for
the youngest children;
``(B) a shortage of providers trained in delivering
pediatric care;
``(C) weak linkages between services to prevent
mother-to-child transmission and care and treatment
programs; and
``(D) the need for low-cost pediatric formulations
of HIV/AIDS medications.
``SEC. 312. POLICY AND REQUIREMENTS.
``(a) Policy.--
``(1) In general.--The United States Government's response
to the global HIV/AIDS pandemic should place high priority on--
``(A) the prevention of mother-to-child
transmission of HIV/AIDS; and
``(B) the care and treatment of all children
affected by HIV/AIDS, including children orphaned by
AIDS.
``(2) Collaboration.--The United States Government should
work in collaboration with foreign governments, donors, the
private sector, nongovernmental organizations, and other key
stakeholders.
``(b) Requirements.--The comprehensive, 5-year, global strategy
required under section 101 shall--
``(1) establish a target for prevention of mother-to-child
transmission efforts that by 2013, in those countries most
affected by HIV--
``(A) 80 percent of pregnant women receive HIV
counseling and testing; and
``(B) all of the pregnant women receiving HIV
counseling and testing who test positive for HIV
receive anti-retroviral medications for prevention of
mother-to-child transmission of HIV;
``(2) establish a target requiring that by 2013, children
account for at least 15 percent of those receiving treatment
under this Act;
``(3) integrate prevention, care, and treatment with
prevention of mother-to-child transmission programs, as soon as
feasible and consistent with the national government policies
of the foreign countries in which programs under this Act are
administered, to improve outcomes for HIV-affected women and
families and to promote follow-up and continuity of care;
``(4) expand programs designed to care for children
orphaned by AIDS; and
``(5) develop a time line for expanding access to more
effective mother-to-child transmission prevention regimens,
consistent with the national government policies of the foreign
countries in which programs under this Act are administered and
the goal of moving towards universal use of such regimens as
rapidly as possible.
``(c) Application of Requirements.--All strategic planning
documents and bilateral funding agreements developed under the
authority of the Office of the United States Global AIDS Coordinator,
including country operating plans and any subsequent mechanisms through
which funding under this Act is obligated, shall be consistent with,
and in furtherance of, the requirements under subsection (b).
``(d) Prevention of Mother-to-Child Transmission Expert Panel.--
``(1) Establishment.--The Coordinator of United States
Government Activities to Combat HIV/AIDS Globally (referred to
in this section as the `Coordinator') shall establish a panel
of experts to be known as the Prevention of Mother to Child
Transmission Panel (referred to in this section as the `Panel')
to--
``(A) provide an objective review of activities to
prevent mother-to-child transmission of HIV that
receive financial assistance under this Act; and
``(B) provide recommendations to the Coordinator
and to the appropriate committees of Congress for
scale-up of mother-to-child transmission prevention
services under this Act in order to achieve the target
established in subsection (b)(1).
``(2) Membership.--The Panel shall be convened and chaired
by the Coordinator, who shall serve as a nonvoting member. The
Panel shall consist of not more than 15 members (excluding the
Coordinator), to be appointed by the Coordinator not later than
60 days after the date of the enactment of this Act,
including--
``(A) 2 members from the Department of Health and
Human Services with expertise relating to the
prevention of mother-to-child transmission activities;
``(B) 2 members from the United States Agency for
International Development with expertise relating to
the prevention of mother-to-child transmission
activities;
``(C) 2 representatives from among health ministers
of national governments of foreign countries in which
programs under this Act are administered;
``(D) 3 members representing organizations
implementing prevention of mother-to-child transmission
activities under this Act;
``(E) 2 health care researchers with expertise
relating to global HIV/AIDS activities; and
``(F) representatives from among patient advocate
groups, health care professionals, persons living with
HIV/AIDS, and non-governmental organizations with
expertise relating to the prevention of mother-to-child
transmission activities, giving priority to individuals
in foreign countries in which programs under this Act
are administered.
``(3) Duties of panel.--The Panel shall--
``(A) review activities receiving financial
assistance under this Act to prevent mother-to-child
transmission of HIV and assess the effectiveness of
current activities in reaching the target described in
subsection (b)(1);
``(B) review scientific evidence related to the
provision of mother-to-child transmission prevention
services, including programmatic data and data from
clinical trials;
``(C) review and assess ways in which the Office of
the United States Global AIDS Coordinator and programs
funded under this Act collaborate with international
and multilateral entities on efforts to prevent mother-
to-child transmission of HIV in affected countries;
``(D) identify barriers and challenges to
increasing access to mother-to-child transmission
prevention services and evaluate potential mechanisms
to alleviate those barriers and challenges;
``(E) identify the extent to which stigma has
hindered pregnant women from obtaining HIV counseling
and testing or returning for results, and provide
recommendations to address such stigma and its effects;
``(F) identify opportunities to improve linkages
between mother-to-child transmission prevention
services and care and treatment programs;
``(G) evaluate the adequacy of financial assistance
provided under this Act for mother-to-child
transmission of HIV prevention services; and
``(H) recommend levels of financial assistance and
specific activities to facilitate reaching the target
described in subsection (b)(1).
``(4) Report.--
``(A) In general.--Not later than 14 months after
the date of the enactment of this Act, the Panel shall
submit a report containing a detailed statement of the
recommendations, findings, and conclusions of the Panel
to the appropriate congressional committees.
``(B) Availability.--The report submitted under
subparagraph (A) shall be made available to the public.
``(C) Consideration by coordinator.--The
Coordinator shall--
``(i) consider any recommendations
contained in the report submitted under
subparagraph (A); and
``(ii) include in the annual report
required under section 104A(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b-2(e)) a
description of the activities conducted in
response to the recommendations made by the
Panel and an explanation of any recommendations
not implemented at the time of the report.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to the Panel such sums as may be
necessary for each of the fiscal years 2009 through 2011 to
carry out this section.
``(6) Termination.--The Panel shall terminate on the date
that is 60 days after the date on which the Panel submits the
report to Congress under paragraph (4).''.
(c) Annual Report Elements.--Section 313(b)(2) of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22
U.S.C. 7653(b)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(E) coordination and collaboration with
governments, donors, the private sector,
nongovernmental organizations, and other key
stakeholders to achieve the target described in section
312(b)(1); and
``(F) the number of women offered and receiving the
4 components of a comprehensive strategy to prevent
mother-to-child transmission of HIV, as recommended by
the World Health Organization.''. | Global Pediatric HIV/AIDS Prevention and Treatment Act - States that the U.S. government's response to the global HIV/AIDS pandemic should place high priority on: (1) prevention of mother-to-child transmission of HIV/AIDS; and (2) care and treatment of all children affected by HIV/AIDS, including children orphaned by AIDS.
Requires that the global strategy under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003: (1) establish a target for prevention of mother-to-child transmission efforts; (2) integrate prevention, care, and treatment with prevention of mother-to-child transmission programs; and (3) expand programs for children orphaned by AIDS.
Directs the Coordinator of United States Government Activities to Combat HIV/AIDS Globally to establish the Prevention of Mother to Child Transmission Panel which shall: (1) review activities to prevent mother-to-child transmission of HIV that receive financial assistance under this Act; and (2) provide recommendations to the Coordinator and to the appropriate congressional committees for of mother-to-child transmission prevention services under this Act.
Terminates the Panel 60 days after submission of a report required by this Act. | {"src": "billsum_train", "title": "To amend the U.S. Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003."} | 3,437 | 253 | 0.603113 | 1.710109 | 0.724558 | 6.105042 | 13.978992 | 0.978992 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.