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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iranian Digital Empowerment Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The Government of Iran is engaged in a range of
activities that interfere with and infringe upon the right of
the Iranian people to access independent news and information
and to exercise basic freedoms, in particular through
electronic media.
(2) On September 28, 2009, a consortium reportedly
controlled by Iran's Revolutionary Guard Corps purchased a
controlling interest in the Iranian Telecommunications Company.
(3) On November 14, 2009, the Government of Iran announced
the establishment of a special security force to police
opposition activities on the Internet.
(4) On numerous occasions, including most recently ahead of
student demonstrations on December 7, 2009, the Government of
Iran has restricted access to Internet and telecommunications
networks in order to limit popular dissent.
(5) In the aftermath of the disputed June 2009 Iranian
presidential elections, the Iranian people utilized Twitter,
Facebook, and other personal communication technologies to
organize demonstrations and related activities.
(6) Citing the crucial role that Internet communications
technologies were playing in post-election Iran, the Department
of State requested Twitter delay a planned maintenance so that
Iranians could continue use of the service without
interruption.
(7) The United States has a vital interest in working to
ensure that its policies do not unintentionally aid the
repressive policies of the Government of Iran or hinder the
Iranian people's basic rights and freedoms.
(8) Current sanctions on Iran have had the unintended
effect of stifling Iranians' access to the Internet and related
Internet technologies.
(9) Microsoft and Google have ceased providing instant
messaging services to Iranians, citing United States economic
sanctions.
(10) In a September 2009 response regarding the suspension
of messaging services within Iran by Microsoft and Google,
Director of the Department of the Treasury's Office of Foreign
Assets Control (OFAC), Adam Szubin, stated that, ``Ensuring the
flow and access to information available through the Internet
and similar public sources is consistent with the policy
interests of the United States Government.''.
(b) Sense of the Congress.--It is the sense of Congress that the
United States--
(1) respects the sovereignty of the Iranian people and the
universal values of freedom of speech, freedom of the press,
and the freedom to assemble;
(2) supports the Iranian people seeking access to news,
electronic communication, and other forms of information;
(3) encourages the development and provision of
technologies and services to the Iranian people that enable
them to communicate with each other and the outside world; and
(4) encourages companies, organizations, and individuals to
enable large numbers of users to bypass censorship and
surveillance technologies, for the purposes of promoting
Iranians' unfettered access to the Internet, which is a civil
liberty that should be enjoyed by all people.
SEC. 3. AUTHORIZATION OF EXPORTS OF CERTAIN SOFTWARE AND RELATED
SERVICES TO IRAN.
(a) Authorization.--Notwithstanding any other provision of law, the
export of software and related services described in subsection (b) to
Iran by United States persons may not be prohibited or otherwise
restricted.
(b) Software and Related Services Described.--The software and
related services referred to in subsection (a) are the following:
(1) Software and related services that allow private
Iranian citizens to circumvent online censorship and monitoring
efforts imposed by the Government of Iran.
(2) Software and related services that enable personal
communication by the Iranian people.
(c) Exception.--
(1) In general.--Subsection (a) shall not apply with
respect to the export of software and related services
described in subsection (b) to the Government of Iran.
(2) Definition.--
(A) In general.--In this subsection, the term
``Government of Iran'' includes the government of any
political subdivision of Iran, and any agency or
instrumentality of the Government of Iran.
(B) Agency or instrumentality.--For purposes of
subparagraph (A), the term ``agency or instrumentality
of the Government of Iran'' means an agency of
instrumentality of a foreign state as defined in
section 1603(b) of title 28, United States Code, with
each reference in such section to ``a foreign state''
deemed to be a reference to ``Iran''.
(d) Effective Date.--This section shall apply with respect to the
export of software and related services referred to in subsection (a)
on or after the date of the enactment of this Act. | Iranian Digital Empowerment Act - States that the export of the following software and related services to Iran by U.S. persons may not be prohibited or restricted: (1) software and related services that allow private Iranian citizens to circumvent online censorship and monitoring efforts imposed by the government of Iran and (2) software and related services that enable personal communication by the Iranian people.
Excludes from such provisions the export of such software and related services to the government of Iran. | {"src": "billsum_train", "title": "To support the democratic aspirations of the Iranian people by enhancing their ability to access the Internet and communications services."} | 1,013 | 97 | 0.535804 | 1.432076 | 0.851745 | 5.651685 | 10.775281 | 0.955056 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chemical Security Act of 1999''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``Off-site Consequence Analysis Submission''
means only the off-site consequence portion of a risk
management plan submitted to the Administrator under section
68.165 of title 40 of the Code of Federal Regulations, as in
effect on the date of the enactment of this Act.
(3) The term ``covered stationary source'' means a
stationary source of any air pollutant that is required to
submit a risk management plan under section 112(r)(7)(B) of the
Clean Air Act.
(4) The term ``official use'' means any action that is
intended to carry out a function of a Federal, State, or local
agency or entity having responsibility for planning for or
responding to chemical releases at a stationary source. Such
term includes disclosing the results of an Off-site Consequence
Analysis Submission in any format different than that used in
the Submission.
(5) The term ``authorized contractor'' means a person
having responsibility for handling risk management plans under
subparagraph (B) of section 112(r)(7) of the Clean Air Act
under contract with the Administrator, the Chemical Safety and
Hazard Investigation Board, a State, or a local agency or
entity referred to in clause (iii) of such subparagraph (B).
SEC. 3. ONE-YEAR MORATORIUM FOR CONGRESSIONAL CONSIDERATION.
(a) Prohibition.--
(1) In general.--Notwithstanding any other provision of any
Federal, State, or local law that provides for freedom of
information or public disclosure of governmental information,
in order to provide for Congressional consideration of the
effects of the public disclosure required under clause (iii) of
section 112(r)(7)(B) of the Clean Air Act and for consideration
of the reports under section 4 of this Act, no Off-site
Consequence Analysis Submission shall be disclosed, or made
available, to the public or to any person or entity by the
Administrator, the Chemical Safety and Hazard Investigation
Board, a State, a local agency or an entity referred to in such
clause (iii), or any authorized contractor.
(2) One-year period.--The prohibition set forth in
paragraph (1) shall apply only for a period ending 1-year after
the date of the enactment of this Act.
(3) Permitted disclosure.--The prohibition set forth in
paragraph (1) shall not apply to disclosure of an Off-site
Consequence Analysis Submission for official use only pursuant
to clause (iii) of section 112(r)(7)(B) of the Clean Air Act to
the Administrator, the Chemical Safety and Hazard Investigation
Board, a State, a local agency or an entity referred to in such
clause (iii), or any authorized contractor.
(b) Penalty.--The violation of the prohibition set forth in
subsection (a) shall be an infraction punishable under section 3571 of
title 18 of the United States Code. In any case in which more than one
Off-site Consequence Analysis Submission has been disclosed or made
available in violation of subsection (a), the violation with respect to
each such Submission shall be considered a separate violation for
purposes of such section 3571. The total of all penalties imposed on a
single person or organization for violations of subsection (a) shall
not exceed $100,000.
(c) Disclosure without Facility Identification.--Notwithstanding
the moratorium under subsection (a), after June 21, 1999, the
Administrator shall make information from risk management plans,
including information from the Off-site Consequence Analysis
Submissions, available to the public in accordance with section
112(r)(7)(B)(iii) of the Clean Air Act in a form which does not include
any information concerning the identity or location of the covered
stationary sources for which such plans were prepared.
(d) Emergency Planning Meetings.--Not later than 180 days after the
date of enactment of this Act, each owner or operator of a covered
stationary source shall convene a meeting with community
representatives, employees and contractors working at the covered
stationary source and with local emergency planning committees and
other appropriate emergency responders to discuss the measures
necessary to prevent, and protect the source from, attacks by
terrorists and other criminals. Not later than 10 months after the date
of enactment of this Act, each such owner or operator shall send a
certification to the Director of the Federal Bureau of Investigation
stating that such meeting has been held within one year prior to, or
within 10 months after, the date of the enactment of this Act.
SEC. 4. SITE SECURITY STUDY AND REPORTS TO CONGRESS.
(a) Site Security.--The Attorney General, using available data to
the extent possible, and analyzing a sampling of covered stationary
sources selected at the discretion of the Attorney General, and in
consultation with appropriate State, local, and Federal governmental
agencies, affected industry and the public, shall review the
vulnerability of covered stationary sources to criminal and terrorist
activity, current industry practices regarding site security, security
of transportation of extremely hazardous substances, and the
effectiveness of this Act. Six months after the date of the enactment
of this Act, the Attorney General shall submit a report to the Congress
containing the results of the review, together with recommendations for
reducing vulnerability to criminal and terrorist activity through
inherently safer practices and site security, and the need for
additional legislation. If the report recommends information security
measures, it shall describe the means by which any individual shall be
guaranteed access to risk management information without a geographical
restriction. The Attorney General shall submit updates of such report
biennially after the submission of the first report.
(d) Comptroller General Report.--Not later than 180 days after the
enactment of this Act, the Comptroller General of the United States
shall submit a report to the Congress on the health and environmental
effects of public disclosure of information. In preparing such report
the Comptroller General shall consult with the Administrator and
appropriate representatives of the States, local governments, affected
industries, emergency responders, and public interest groups and shall
undertake a specific examination of the reduction in toxic chemical
releases associated with the reporting requirements of section 313 of
the Superfund Amendments and Reauthorization Act of 1986 (Toxics
Release Inventory).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Chemical Security Act of 1999 - Bars the public disclosure of off-site consequence analysis submissions under the Clean Air Act for a period of one year after this Act's enactment. Defines an "off-site consequence analysis submission" as a portion of a risk management plan submitted to the Administrator of the Environmental Protection Agency by stationary sources of certain hazardous substances. Permits disclosure of such information for official use only. Prescribes penalties for violation of such prohibition.
Directs the Administrator, after June 21, 1999, to make information from risk management plans, including information from off-site consequence analysis submissions, publicly available in a form which excludes information concerning the identity or location of covered stationary sources.
Requires owners or operators of such sources to convene a meeting with community representatives, employees and contractors working at such sources, and local emergency planning committees and other emergency responders to discuss measures necessary to prevent, and protect such sources from, attacks by terrorists and other criminals. Provides for certifications to the Federal Bureau of Investigation by such owners or operators that such meetings have been held.
Directs the Attorney General to review and report to Congress on the vulnerability of covered stationary sources to criminal and terrorist activity, current industry practices regarding site security, security of transportation of extremely hazardous substances, and this Act's effectiveness. Provides for biennial updates of such report and for recommendations for reducing such vulnerability through inherently safer practices and site security and the need for additional legislation.
Requires the Comptroller General to report to Congress on the health and environmental effects of public disclosure of information. Requires, as part of such report, an examination of the reductions in toxic chemical releases associated with reporting requirements of the Superfund Amendments and Reauthorization Act of 1986.
Authorizes appropriations. | {"src": "billsum_train", "title": "Chemical Security Act of 1999"} | 1,460 | 387 | 0.590384 | 1.763397 | 0.822257 | 3.8 | 3.917647 | 0.911765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Market Access Act of 1994''.
SEC. 2. REPORTS ON ACCESS TO JAPANESE MARKETS.
(a) Initial Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
Congress a report assessing the access to the Japanese market
of goods and services produced or originating in the United
States in each sector specifically identified in the Framework
Agreement.
(2) Contents of report.--The Secretary shall include in the
report under paragraph (1) the following:
(A) An assessment of the market access
opportunities that would be available in the Japanese
market for goods and services in each sector referred
to in paragraph (1) in the absence of barriers to
achieving access to such market in both the public and
private sectors in Japan. In making such assessment,
the Secretary shall consider the competitive position
of such goods and services in similarly developed
markets in other countries. Such assessment shall
specify the time periods within which such market
access opportunities should reasonably be expected to
be obtained.
(B) Objective criteria for measuring the extent to
which those market access opportunities described in
subparagraph (A) have been obtained. The development of
such objective criteria may include the use of interim
objective criteria to measure results on a periodic
basis, as appropriate.
(b) Subsequent Annual Reports.--
(1) In general.--Not later than the date which is 1 year
after the last day of the 90-day period referred to in
subsection (a)(1), and annually thereafter, the Secretary shall
submit to the Congress a report containing the following:
(A) An assessment of the market access
opportunities that would be available in the Japanese
market, for goods and services produced or originating
in the United States in those sectors selected by the
Secretary, in the absence of the barriers to achieving
access to such market in both the public and private
sectors in Japan. In making such assessment, the
Secretary shall consider the competitive position of
such goods and services in similarly developed markets
in other countries. Such assessment shall specify the
time periods within which such market access
opportunities should reasonably be expected to be
obtained.
(B) Objective criteria for measuring the extent to
which those market access opportunities described in
subparagraph (A) have been obtained. The development of
such objective criteria may include the use of interim
criteria described in subsection (a)(2)(B).
(C) An assessment of whether, and to what extent,
Japan has materially complied with--
(i) agreements and understandings reached
between the United States and Japan pursuant to
section 3, and
(ii) existing trade agreements between the
United States and Japan.
Such assessment shall include specific information on
the extent to which United States suppliers have
achieved additional access to the Japanese market and
the extent to which Japan has complied with other
commitments under such agreements and understandings.
(D) An assessment of the effect of the agreements
and understandings described in subparagraph (C) on the
access to the Japanese markets of goods and services
produced or originating in the United States.
(2) Selection of sectors.--In selecting sectors that are to
be the subject of a report under paragraph (1), the Secretary
shall give priority to those sectors--
(A) in which access to the Japanese market is
likely to have significant potential to increase
exports of United States goods and services;
(B) in which access to the Japanese market will
result in significant employment benefits for producers
of United States goods and services; or
(C) which represent critical technologies,
including those identified by the National Critical
Technologies Panel under section 603 of the National
Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6683).
The Secretary shall include an assessment under paragraph (1)
of any sector for which the Trade Representative requests such
assessment be made. In preparing any such request, the Trade
Representative shall give priority to those barriers identified
in the reports required by section 181(b) of the Trade Act of
1974.
(3) Information on access by foreign suppliers.--The
Secretary shall consult with the governments of foreign
countries concerning access to the Japanese market of goods and
services produced or originating in those countries. At the
request of the government of any such country, the Secretary
may include in the reports required by paragraph (1)
information, with respect to that country, on such access.
SEC. 3. NEGOTIATIONS TO ACHIEVE MARKET ACCESS.
(a) Negotiating Authority.--The President is authorized to enter
into agreements or other understandings with the Government of Japan
for the purpose of obtaining the market access opportunities described
in the reports of the Secretary under section 2.
(b) Determination of Priority of Negotiations.--Upon the submission
by the Secretary of each report under section 2, the Trade
Representative shall determine--
(1) for which sectors identified in the report the Trade
Representative will pursue negotiations, during the 6-month
period following submission of the report, for the purpose of
concluding agreements or other understandings described in
subsection (a), and the time frame for pursuing negotiations on
any other sector identified in the report; and
(2) for which sectors identified in any previous report of
the Secretary under section 2 the Trade Representative will
pursue negotiations, during the 6-month period described in
paragraph (1), in cases in which--
(A) negotiations were not previously pursued by the
Trade Representative, or
(B) negotiations that were pursued by the Trade
Representative did not result in the conclusion of an
agreement or understanding described in subsection (a)
during the preceding 6-month period, but are expected
to result in such an agreement or understanding during
the 6-month period described in paragraph (1).
For purposes of this Act, negotiations by the Trade Representative with
respect to a particular sector shall be for a period of not more than
12 months.
(c) Semiannual Reports.--At the end of the 6-month period beginning
on the date on which the Secretary's first report is submitted under
subsection (a)(1), and every 6 months thereafter, the Trade
Representative shall submit to the Congress a report containing the
following:
(1) With respect to each sector on which negotiations
described in subsection (b) were pursued during that 6-month
period--
(A) a determination of whether such negotiations
have resulted in the conclusion of an agreement or
understanding intended to obtain the market access
opportunities described in the most recent applicable
report of the Secretary, and if not--
(i) whether such negotiations are
continuing because they are expected to result
in such an agreement or understanding during
the succeeding 6-month period; or
(ii) whether such negotiations have
terminated; and
(B) in the case of a positive determination made
under subparagraph (A)(i) in the preceding report
submitted under this subsection, a determination of
whether the continuing negotiations have resulted in
the conclusion of an agreement or understanding
described in subparagraph (A) during that 6-month
period.
(2) With respect to each sector on which negotiations
described in subsection (b) were not pursued during that 6-
month period, a determination of when such negotiations will be
pursued.
SEC. 4. MONITORING OF AGREEMENTS AND UNDERSTANDINGS.
(a) In General.--For the purpose of making the assessments required
by section 2(b)(1)(C), the Secretary shall monitor the compliance with
each agreement or understanding reached between the United States and
Japan pursuant to section 3, and with each existing trade agreement
between the United States and Japan. In making each such assessment,
the Secretary shall describe--
(1) the extent to which market access for the sector
covered by the agreement or understanding has been achieved;
and
(2) the bilateral trade relationship with Japan in that
sector.
In the case of agreements or understandings reached pursuant to section
3, the description under paragraph (1) shall be done on the basis of
the objective criteria set forth in the applicable report under section
2(a)(2)(B) or 2(b)(1)(B).
(b) Treatment of Agreements and Understandings.--Any agreement or
understanding reached pursuant to negotiations conducted under this
Act, and each existing trade agreement between the United States and
Japan, shall be considered to be a trade agreement for purposes of
section 301 of the Trade Act of 1974.
SEC. 5. TRIGGERING OF SECTION 301 ACTIONS.
(a) Determinations by Trade Representative.--
(1) Failure to conclude agreements.--In any case in which
the Trade Representative determines under section
3(c)(1)(A)(ii) or (B) that negotiations have not resulted in
the conclusion of an agreement or understanding described in
section 3(a), each barrier to access to the Japanese market
that was the subject of such negotiations shall, for purposes
of title III of the Trade Act of 1974, be considered to be an
act, policy, or practice determined under section 304 of that
Act to be an act, policy or practice that is unreasonable and
discriminatory and burdens or restricts United States commerce.
The Trade Representative shall determine what action to take
under section 301(b) of that Act in response to such act,
policy, or practice.
(2) Noncompliance with agreements or understandings.--In
any case in which the Secretary determines, in a report
submitted under section 2(b)(1), that Japan is not in material
compliance with--
(A) any agreement or understanding concluded
pursuant to negotiations conducted under section 3, or
(B) any existing trade agreement between the United
States and Japan,
the Trade Representative shall determine what action to take
under section 301(a) of the Trade Act of 1974. For purposes of
section 301 of that Act, a determination of noncompliance
described in the preceding sentence shall be treated as a
determination made under section 304 of that Act.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) Existing trade agreement between the united states and
japan.--The term ``existing trade agreement between the United
States and Japan'' means any trade agreement that was entered
into between the United States and Japan before the date of the
enactment of this Act and is in effect on such date. Such term
includes--
(A) the Arrangement Between the Government of Japan
and the Government of the United States of America
Concerning Trade in Semiconductor Products, signed in
1986;
(B) the Arrangement Between the Government of Japan
and the Government of the United States of America
Concerning Trade in Semiconductor Products, signed in
1991;
(C) the United States-Japan Wood Products
Agreement, signed on June 5, 1990;
(D) Measures Related to Japanese Public Sector
Procurements of Computer Products and Services, signed
on January 10, 1992;
(E) the Tokyo Declaration on the U.S.-Japan Global
Partnership, signed on January 9, 1992; and
(F) the Cellular Telephone and Third-Party Radio
Agreement, signed in 1989.
(2) Framework agreement.--The term ``Framework Agreement''
means the Japan-United States Framework for a New Economic
Partnership, signed on July 10, 1993.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(4) Trade representative.--The term ``Trade
Representative'' means the United States Trade Representative. | Fair Market Access Act of 1994 - Directs the Secretary of Commerce to report annually to the Congress an assessment of the access to the Japanese market of goods and services produced or originating in the United States in each sector specifically identified in the Japan-United States Framework for a New Economic Partnership signed on July 10, 1993 (Framework Agreement). Specifies contents of such access assessments.
Authorizes the President to enter into agreements or other understandings with Japan for the purpose of obtaining the market access opportunities described in such assessments.
Requires the United States Trade Representative (USTR) to determine for which sectors identified in each assessment to pursue negotiations in order to conclude such agreements or understandings.
Directs the Secretary to monitor compliance with each agreement or understanding between the United States and Japan reached under this Act, as well as with existing trade agreements between both countries.
Deems an unreasonable and discriminatory act, policy, or practice burdening or restricting U.S. commerce each barrier to access to the Japanese market that is the subject of negotiations under this Act which fail to conclude an agreement or understanding. Requires the USTR to determine what "Super 301" sanction to impose in response to such acts, policies, or practices, as well as in instances of material noncompliance with new or existing agreements or understandings. | {"src": "billsum_train", "title": "Fair Market Access Act of 1994"} | 2,414 | 283 | 0.592769 | 1.844731 | 0.78173 | 3.684 | 9.428 | 0.892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Fairness in Medicare Home Health
Access Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Home health care is a vital component of the medicare
program under title XVIII of the Social Security Act.
(2) Home health services provided under the medicare
program enable medicare beneficiaries who are homebound and
greatly risk costly institutionalized care to continue to live
in their own homes and communities.
(3) Implementation of the interim payment system for home
health services has inadvertently exacerbated payment
disparities for home health services among regions, penalizing
efficient, low-cost providers in rural areas and providing
insufficient compensation for the care of medicare
beneficiaries with acute, medically complex conditions.
(4) The combination of insufficient payments and new
administrative changes has reduced the access of medicare
beneficiaries to home health services in many areas by forcing
home health agencies to provide fewer services, to shrink their
service areas, or to limit the types of conditions for which
they provide treatment.
(b) Purposes.--The purposes of this Act are as follows:
(1) To improve access to care for medicare beneficiaries
with high medical needs by establishing a process for home
health agencies to exclude services provided to medicare
beneficiaries with acute, medically complex conditions from
payment limits and to receive payment based on the reasonable
costs of providing such services through a process that is
feasible for the Health Care Financing Administration to
administer.
(2) To ensure that the 15 percent contingency reduction in
medicare payments for home health services established under
the Balanced Budget Act of 1997 does not occur under the
interim payment system for home health services.
(3) To reduce the scheduled 15 percent reduction in the
cost limits and per beneficiary limits to 10 percent and to
phase-in the additional 5 percent reduction in such limits
after the initial 3 years of the prospective payment system for
home health services.
(4) To address the unique challenges of serving medicare
beneficiaries in rural and underserved areas by increasing the
per visit cost limit under the interim payment system for home
health services.
(5) To refine the home health consolidated billing
provision to ensure that medicare beneficiaries requiring
durable medical equipment services do not experience a break in
the continuum of care during episodes of home health care.
(6) To eliminate the requirement that home health agencies
identify the length of time of a service visit in 15 minute
increments.
(7) To express the sense of the Senate that the Secretary
of Health and Human Services should establish a uniform process
for disseminating information to fiscal intermediaries to
ensure timely and accurate information to home health agencies
and beneficiaries.
SEC. 3. ADEQUATELY ACCOUNTING FOR THE NEEDS OF MEDICARE BENEFICIARIES
WITH ACUTE, MEDICALLY COMPLEX CONDITIONS.
(a) Waiver of Per Beneficiary Limits for Outliers.--Section
1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), as
amended by section 5101 of the Tax and Trade Relief Extension Act of
1998 (contained in Division J of Public Law 105-277), is amended--
(1) by redesignating clause (ix) as clause (x); and
(2) by inserting after clause (viii) the following:
``(ix)(I) Notwithstanding the applicable per beneficiary limit
under clause (v), (vi), or (viii), but subject to the applicable per
visit limit under clause (i), in the case of a provider that
demonstrates to the Secretary that with respect to an individual to
whom the provider furnished home health services appropriate to the
individual's condition (as determined by the Secretary) at a reasonable
cost (as determined by the Secretary), and that such reasonable cost
significantly exceeded such applicable per beneficiary limit because of
unusual variations in the type or amount of medically necessary care
required to treat the individual, the Secretary, upon application by
the provider, shall pay to such provider for such individual such
reasonable cost.
``(II) The total amount of the additional payments made to home
health agencies pursuant to subclause (I) in any fiscal year shall not
exceed an amount equal to 2 percent of the amounts that would have been
paid under this subparagraph in such year if this clause had not been
enacted.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act, and apply with
respect to each application for payment of reasonable costs for
outliers submitted by any home health agency for cost reporting periods
ending on or after October 1, 1999.
SEC. 4. PROTECTION OF THE ACCESS OF MEDICARE BENEFICIARIES TO HOME
HEALTH SERVICES BY ADDRESSING THE 15 PERCENT CONTINGENCY
REDUCTION IN INTERIM PAYMENTS FOR HOME HEALTH SERVICES.
(a) Elimination of Contingency Reduction.--Section 4603 of the
Balanced Budget Act of 1997 (42 U.S.C. 1395fff note), as amended by
section 5101(c)(3) of the Tax and Trade Relief Extension Act of 1998
(contained in division J of Public Law 105-277), is amended by striking
subsection (e).
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Balanced Budget Act
of 1997 (Public Law 105-33; 111 Stat. 251).
SEC. 5. PROTECTION OF THE ACCESS OF MEDICARE BENEFICIARIES TO HOME
HEALTH SERVICES THROUGH A PHASE-IN OF THE 15 PERCENT
REDUCTION IN PROSPECTIVE PAYMENTS FOR HOME HEALTH
SERVICES.
(a) Phase-In of 15 Percent Reduction.--Section 1895(b)(3)(A)(ii)
(42 U.S.C. 1395fff(b)), as amended by section 5101(c)(1)(B) of the Tax
and Trade Relief Extension Act of 1998 (contained in division J of
Public Law 105-277), is amended--
(1) in paragraph (3)(A)(ii), by striking ``15'' and
inserting ``10''; and
(2) by adding at the end the following:
``(7) Special rule for payments beginning with fiscal year
2004.--Beginning with fiscal year 2004, payment under this
section shall be made as if `15' had been substituted for `10'
in clause (ii) of paragraph (3)(A) when computing the initial
basis under such paragraph.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act.
SEC. 6. INCREASE IN PER VISIT COST LIMIT TO 112 PERCENT OF THE NATIONAL
MEDIAN.
Section 1861(v)(1)(L)(i) of the Social Security Act (42 U.S.C.
1395x(v)(1)(L)(i)), as amended by section 5101(b) of the Tax and Trade
Relief Extension Act of 1998 (contained in division J of Public Law
105-277), is amended--
(1) in subclause (IV), by striking ``or'';
(2) in subclause (V)--
(A) by inserting ``and before October 1, 1999,''
after ``October 1, 1998,''; and
(B) by striking the period and inserting ``, or'';
and
(3) by adding at the end the following:
``(VI) October 1, 1999, 112 percent of such median.''.
SEC. 7. REFINEMENT OF HOME HEALTH AGENCY CONSOLIDATED BILLING.
(a) In General.--Section 1842(b)(6)(F) of the Social Security Act
(42 U.S.C. 1395u(b)(6)(F)) is amended by striking ``payment shall be
made to the agency (without regard to whether or not the item or
service was furnished by the agency, by others under arrangement with
them made by the agency, or when any other contracting or consulting
arrangement, or otherwise).'' and inserting ``(i) payment shall be made
to the agency (without regard to whether or not the item or service was
furnished by the agency, by others under arrangement with them made by
the agency, or when any other contracting or consulting arrangement, or
otherwise); and (ii) in the case of an item of durable medical
equipment (as defined in section 1861(n)), payment for the item shall
be made to the agency separately from payment for other items and
services furnished to such an individual under such plan.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to items of durable medical equipment furnished on or after the
date of enactment of this Act.
SEC. 8. ELIMINATION OF TIMEKEEPING REQUIREMENTS UNDER THE PROSPECTIVE
PAYMENT SYSTEM FOR HOME HEALTH AGENCIES.
(a) In General.--Section 1895(c) of the Social Security Act (42
U.S.C. 1395fff(c)) is amended--
(1) by striking ``unless--'' and all that follows through
``(1) the'' and inserting ``unless the''; and
(2) by striking ``1835(a)(2)(A);'' and all that follows
through the period and inserting ``1835(a)(2)(A).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of enactment of this Act.
SEC. 9. SENSE OF THE SENATE REGARDING THE TIMELINESS AND ACCURACY OF
INTERMEDIARY COMMUNICATIONS TO HOME HEALTH AGENCIES.
It is the sense of the Senate that the Secretary of Health and
Human Services should establish a nationally uniform process that
ensures that each fiscal intermediary (as defined in section 1816(a) of
the Social Security Act (42 U.S.C. 1395h(a))) and each carrier (as
defined in section 1842(f) of such Act (42 U.S.C. 1395u(f))) has the
training and ability necessary to provide timely, accurate, and
consistent coverage and payment information to each home health agency
and to each individual eligible to have payment made under the medicare
program under title XVIII of such Act (42 U.S.C. 1395 et seq.). | Amends the Balanced Budget Act of 1997 to eliminate the 15 percent home health services payment reduction in interim payments which would occur if the Secretary did not establish a prospective payment system (PPS) for such services as provided for in such Act.
Amends SSA title XVIII with regard to the PPS for home health services to reduce the current 15 percent reduction in cost and per beneficiary limits to ten percent, establishing a special rule beginning in FY 2004 that restores the reduction back to its original 15 percent.
Increases the per visit cost limit to 112 percent of the national median.
Provides that in the case of home health services furnished to an individual who (at the time of furnishing) is under a home health agency plan of care, payment for an item of durable medical equipment shall be made to the agency separately from payment for other items and services furnished.
Eliminates timekeeping requirements under the PPS for home health agencies.
Expresses the sense of the Senate that the Secretary should establish a nationally uniform process that ensures that fiscal intermediaries and carriers under Medicare have the training and ability necessary to provide timely, accurate, and consistent coverage and payment information to each home health agency and to each individual eligible to have payment made under Medicare. | {"src": "billsum_train", "title": "Fairness in Medicare Home Health Access Act of 1999"} | 2,392 | 266 | 0.610326 | 1.829346 | 0.755952 | 4.297071 | 8.414226 | 0.916318 |
SECTION 1. AMENDMENT.
The Railway Labor Act (45 U.S.C. 151 et seq.) is amended by
inserting after section 10 the following new section:
``final arbitration procedures
``Sec. 10A. (a) If any dispute with respect to which a board
created under section 10 has made recommendations remains unresolved 30
days after the report of such board to the President, the final
paragraph of section 10 shall apply and be extended for an additional
period with respect to each such unresolved dispute, so that no change
shall be made by any carrier or employee affected by such unresolved
dispute, before a decision is rendered under subsection (c)(4) or the
parties have reached agreement, in the conditions out of which such
dispute arose.
``(b)(1)(A) Within three days (excluding Saturdays, Sundays, and
Federal holidays) after the date which is 30 days after a report is
made to the President under section 10, the carrier parties to the
unresolved disputes that were the subject of such report, acting
jointly, and the labor organization parties to such unresolved
disputes, acting jointly, shall select an individual from the entire
roster of arbitrators maintained by the National Mediation Board.
Within six days (excluding Saturdays, Sundays, and Federal holidays)
after the date which is 30 days after such report under section 10, the
individual selected by the labor organizations under the preceding
sentence shall, jointly with the individual selected by the carrier
parties under the preceding sentence, select an individual from such
roster to serve as arbitrator for the unresolved disputes involving
such labor organizations and carriers.
``(B) For purposes of this paragraph and subsection (a), a dispute
as to which tentative agreement has been reached but not ratified shall
be considered an unresolved dispute.
``(2) No individual shall be selected under paragraph (1) who is
pecuniarily or otherwise interested in any organization of employees or
any railroad, or who has served as a member of the board created under
section 10 with respect to the disputes involved.
``(3) The compensation of individuals selected under paragraph (1)
shall be fixed by the National Mediation Board. The second paragraph of
section 10 of the Railway Labor Act shall apply to the expenses of such
individuals as if such individuals were members of a board created
under such section 10.
``(c)(1) During the 20-day period beginning on the date which is 30
days after the relevant report under section 10, the parties to the
unresolved disputes described in subsection (b)(1) shall conduct
negotiations for the purpose of reaching agreement with respect to such
disputes. Arbitrators selected under subsection (b) shall be available
for consultation with the parties to the unresolved disputes for which
they have been selected.
``(2) If, within the period described in paragraph (1), the parties
to any dispute described in subsection (b) do not reach agreement, both
the labor organizations and the carriers shall, within five days after
the end of such period, submit to the arbitrator and to the other
parties a proposed written contract embodying their last best offer for
agreement concerning rates of pay, rules, and working conditions. Such
proposed written contract shall address only--
``(A) issues that the relevant Presidential Emergency Board
dealt with by a recommendation in its report; and
``(B) other issues that the parties agree may be addressed
by the written contract.
``(3) Upon submission to the arbitrator of the proposed written
contracts described in paragraph (2), and for a period of seven days
thereafter, the parties shall, with the assistance of the arbitrator,
attempt to reach agreement.
``(4) If the parties fail to reach agreement within the period
described in paragraph (3), the arbitrator, within three days
thereafter, shall render a decision selecting one of the proposed
written contracts submitted under paragraph (2), without modification,
and shall immediately submit such decision and selected contract to the
President. The selected contract shall be binding on the parties and
have the same effect as though arrived at by agreement of the parties
under this Act unless, within three days following receipt of the
decision and selected contract, the President disapproves such decision
and contract. If the President disapproves such decision and contract,
the parties shall have those rights under this Act they had on the date
which was 30 days after the relevant report under section 10.
``(5)(A) With respect to any tentative agreement reached but not
ratified prior to the date which is 30 days after the relevant report
under section 10, if the ratification of such tentative agreement
fails, the parties to such tentative agreement shall be considered
parties to an unresolved dispute for purposes of this subsection, and
the time periods described in this subsection shall apply to such
dispute beginning on the date of such failure.
``(B) With respect to any tentative agreement reached after the
date which is 30 days after the relevant report under section 10, if
the ratification of such tentative agreement fails, both the labor
organizations and the carriers party to such tentative agreement shall,
within five days after the date of such failure, submit to the
arbitrator and to the other parties a proposed written contract under
paragraph (2), and shall be subject to paragraphs (3) and (4).
``(C) Upon the agreement of the parties to an unresolved dispute,
final offers may be submitted under paragraph (2) at any time after the
date which is 30 days after the relevant report under section 10.
``(6) The responsibilities of an arbitrator appointed under
subsection (b) shall terminate upon a decision under paragraph (4) of
this subsection.
``(d) There shall be no judicial review of any decision of an
arbitrator under this section.
``(e) Nothing in this section shall prevent a mutual written
agreement to any terms and conditions different from those established
by this section.''.
SEC. 2. EXCLUSION.
Section 201 of the Railway Labor Act (45 U.S.C. 181) is amended by
striking ``section 3'' and inserting in lieu thereof ``sections 3 and
10A''. | Amends the Railway Labor Act to establish final arbitration procedures for settlement of railroad labor-management disputes. | {"src": "billsum_train", "title": "Amending the Railway Labor Act to provide for the settlement of railroad labor-management disputes."} | 1,300 | 22 | 0.461473 | 1.130587 | 0.461099 | 1.842105 | 67.894737 | 0.789474 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strength in Diversity Act of 2018''.
SEC. 2. STRONGER TOGETHER PROGRAM.
(a) In General.--Title IV of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7101 et seq.) is amended--
(1) by redesignating part F as part G; and
(2) by inserting after part E the following:
``PART F--STRONGER TOGETHER PROGRAM
``SEC. 4551. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--Congress finds the following:
``(1) Students from low-income families are 6 times more
likely to attend high-poverty schools than their more affluent
peers.
``(2) Racial diversity in schools results in long-term
social and academic benefits, including reduced neighborhood,
college, and workplace segregation, higher levels of social
cohesion, a reduced likelihood of racial prejudice, and the
development of skills to navigate and find comfort in racially
diverse settings.
``(3) Students from low-income families who attend more
affluent elementary schools are more likely to perform better
academically than similar students who attend high-poverty
schools.
``(4) Students who attend the most affluent schools are
nearly 70 percent more likely to attend college than students
who attend the highest-poverty schools, regardless of their
socioeconomic background.
``(5) Students who attend racially and socioeconomically
isolated schools have less access to experienced and qualified
teachers, advanced coursework, high-quality instructional
materials, and adequate facilities.
``(6) According to the Government Accountability Office, as
of the 2013-14 school year, 16 percent of our Nation's public
elementary schools and secondary schools served student
populations comprised of 75 percent or more Black and Hispanic
students and 75 percent or more students eligible for free or
reduced-price lunch under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), an increase of more
than 9 percent compared to the percentage of such elementary
and secondary schools in the 2000-2001 school year. More than
7,700,000 Black students and 12,300,000 Hispanic students
attend racially and socioeconomically isolated public
elementary schools and secondary schools.
``(b) Purpose.--The purpose of this part is to support the
development, implementation, and evaluation of comprehensive strategies
to address the effects of concentrated poverty or racial isolation by
increasing diversity, including socioeconomic diversity or racial
diversity, in publicly funded early childhood education programs and
public elementary schools and secondary schools.
``SEC. 4552. RESERVATION FOR NATIONAL ACTIVITIES.
``The Secretary may reserve not more than 5 percent of the amounts
made available under section 4558 for a fiscal year to carry out
activities of national significance relating to this part, which may
include--
``(1) research, development, data collection, monitoring,
technical assistance, evaluation, or dissemination activities;
or
``(2) the development and maintenance of a community of
practice for recipients of grants under this part and other
experts in the field of school diversity.
``SEC. 4553. PROGRAM AUTHORIZED; LENGTH OF GRANTS.
``(a) Program Authorization.--
``(1) In general.--From the amounts made available under
section 4558 and not reserved under section 4552 for a fiscal
year, the Secretary shall award grants, on a competitive basis
in accordance with section 4554(b), to eligible entities
described in subsection (b) to enable the eligible entities to
develop or implement ambitious plans to improve diversity and
reduce or eliminate socioeconomic or racial isolation in
publicly funded early childhood education programs and public
elementary schools and secondary schools.
``(2) Types of grants.--The Secretary may, in any fiscal
year, award--
``(A) planning grants;
``(B) implementation grants; or
``(C) planning grants and implementation grants.
``(b) Eligible Entity.--An entity that is eligible for a grant
under subsection (a) is a local educational agency, a consortium of
such agencies, an educational service agency, or another regional
educational authority, that has significant achievement gaps and
socioeconomic or racial segregation within or across the school
districts served by the entity.
``(c) Duration of Grants.--
``(1) Planning grant.--A planning grant awarded under this
part shall be for a period of not more than 1 year.
``(2) Implementation grant.--An implementation grant
awarded under this part shall be for a period of not more than
3 years, except that the Secretary may extend an implementation
grant for an additional 2-year period if the eligible entity
receiving the grant demonstrates to the Secretary that the
eligible entity is making significant progress on the program
performance measures identified in section 4556.
``SEC. 4554. APPLICATIONS; AWARD BASIS.
``(a) Applications.--An eligible entity described in section
4553(b) that desires to receive a grant under this part shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may prescribe, including--
``(1) a description of the project for which the eligible
entity is seeking a grant, including--
``(A) how the eligible entity proposes to use funds
under this part to improve the academic and life
outcomes of students in high-poverty or racially
isolated publicly funded early childhood education
programs or public elementary schools and secondary
schools by supporting interventions that increase
diversity in such programs and schools;
``(B) in the case of an implementation grant, the
implementation grant plan described in section
4555(b)(1); and
``(C) any available evidence, or if such evidence
is not available, a rationale based on current
research, regarding how the proposed project will
increase diversity;
``(2)(A) in the case of an eligible entity proposing to use
any portion of funds under this part to benefit high-poverty
publicly funded early childhood education programs or public
schools, a description of how the eligible entity will identify
and define income level and socioeconomic status; and
``(B) in the case of an eligible entity proposing to use
any funds under this part to benefit publicly funded early
childhood education programs, or public schools, that are
racially isolated, a description of how the eligible entity
will identify and define racial isolation;
``(3) a description of the plan of the eligible entity for
continuing the proposed project after funding under this part
ends;
``(4) a description of how the eligible entity will assess,
monitor, and evaluate the impact of the activities funded under
this part on student achievement and student enrollment
diversity;
``(5) an assurance that the eligible entity has conducted,
or will conduct, robust parent and community engagement, and
where appropriate, tribal consultation, while planning for and
implementing a program under this part, such as through--
``(A) public hearings or other open forums to
inform the development of any formal strategy to
increase diversity; and
``(B) outreach, in a language that parents can
understand, and consultation with families in the
targeted district or region that is designed to ensure
participation in the planning and development of any
formal strategy to increase diversity;
``(6) an estimate of the number of students that the
eligible entity plans to serve under the proposed project and
the number of students to be served through additional
expansion of the project after the grant ends;
``(7) an assurance that the eligible entity will--
``(A) cooperate with the evaluation process,
including any evaluation that might require data and
information from multiple recipients of grants under
this part; and
``(B) participate in communities of practice with
other recipients of grants under this part;
``(8) an assurance that, to the extent practicable, the
eligible entity has developed the plan in consultation with
other relevant entities, including local housing or
transportation authorities;
``(9) an assurance that, to the extent possible, the
eligible entity has considered the potential implications of
the grant activities on the demographics and student enrollment
of nearby publicly funded early childhood education programs,
public elementary schools or secondary schools, or local
educational agencies not included in the activities of the
grant; and
``(10) in the case of an eligible entity applying for an
implementation grant, a description of how the eligible entity
will implement, replicate, or take to scale a strategy based on
a strong or moderate level of evidence, as determined under
subclause (I) or (II) of section 8101(21)(A)(i), or will test a
promising strategy to increase diversity in publicly funded
early childhood education programs or public elementary schools
and secondary schools.
``(b) Award Basis.--
``(1) Criteria for evaluating applications.--The Secretary
shall award grants under this part on a competitive basis,
based on the quality of the applications submitted by eligible
entities described in section 4553(b) and each eligible
entity's likelihood of achieving success in improving student
outcomes or outcomes on other performance measures under
section 4556.
``(2) Priority.--In awarding grants under this part, the
Secretary may give priority to an eligible entity that
proposes, in application submitted under subsection (a), to use
funds under this part to support a program that extends beyond
one local educational agency, such as an inter-district or
regional program.
``SEC. 4555. USES OF FUNDS.
``(a) Planning Grants.--Each eligible entity that receives a
planning grant under this part shall use the grant funds to carry out
the following required activities:
``(1) Completing a comprehensive assessment of the
educational outcomes and socioeconomic and racial
stratification of children attending publicly funded early
childhood education programs, and public elementary school and
secondary school students, within the area and an analysis of
the location and capacity of program and school facilities and
the adequacy of local or regional transportation infrastructure
in the area.
``(2) Developing and implementing a robust family and
community engagement plan, including, where feasible, public
hearings or other open forums that would precede and inform the
development of a formal strategy to improve diversity.
``(3) Developing options, including timelines and cost
estimates, for improving diversity, such as weighted lotteries,
revised feeder patterns, school boundary redesign, or regional
coordination.
``(4) Developing an implementation plan based on community
preferences among those options.
``(5) Building the capacity to collect and analyze data
that provide information for transparency, continuous
improvement, and evaluation.
``(6) Participating in a community of practice with other
grantees, including those receiving implementation grants.
``(b) Implementation Grants.--
``(1) Implementation grant plan.--Each eligible entity that
receives an implementation grant under this part shall
implement a high-quality plan that includes--
``(A) a comprehensive set of strategies designed to
improve academic outcomes for all students,
particularly low-income students and minority students,
by increasing diversity in publicly funded early
childhood education programs and public elementary
schools and secondary schools;
``(B) evidence of strong family and community
support for these strategies, including evidence that
the eligible entity has engaged in meaningful family
and community outreach activities;
``(C) ambitious but achievable goals to increase
diversity over the course of the grant period;
``(D) collection and analysis of data to provide
transparency and support continuous improvement
throughout the grant period; and
``(E) a rigorous evaluation of the effectiveness of
the proposed project.
``(2) Implementation grants activities.--Each eligible
entity that receives an implementation grant under this part
may use the grant funds to carry out one or more of the
following activities:
``(A) Recruiting, hiring, or training additional
teachers, administrators, and other instructional and
support staff in new, expanded, or restructured
publicly funded early childhood education programs or
public elementary schools or secondary schools, or
other professional development activities for staff and
administrators.
``(B) Investing in specialized academic programs or
facilities designed to encourage inter-district school
attendance patterns.
``(C) Pursue or initiate a transportation plan for
bringing students to and from publicly funded early
childhood education programs and public elementary
schools and secondary schools, if such transportation
is sustainable beyond the grant period and does not
represent a significant portion of the grant funds
received by an eligible entity under this part.
``(c) Rule Regarding Use.--Nothing in this section shall be
construed to authorize an eligible entity to carry out activities
authorized under this section in a manner that violates Federal law.
``SEC. 4556. PERFORMANCE MEASURES.
``The Secretary shall establish performance measures for the
programs and activities carried out through a grant under this part.
These measures, at a minimum, shall track the progress of each eligible
entity in--
``(1) improving academic and other developmental or
noncognitive outcomes for each subgroup described in section
1111(b)(2)(B)(xi) that is served by the eligible entity on
measures, including, as applicable, by--
``(A) increasing school readiness;
``(B) increasing student achievement and decreasing
achievement gaps;
``(C) increasing high school graduation rates;
``(D) increasing readiness for postsecondary
education and careers; and
``(E) any other indicator the Secretary or eligible
entity may identify; and
``(2) increasing diversity and decreasing socioeconomic or
racial isolation in publicly funded early childhood education
programs, and public elementary schools and secondary schools,
served under this part.
``SEC. 4557. ANNUAL REPORTS.
``An eligible entity that receives a grant under this part shall
submit to the Secretary, at such time and in such manner as the
Secretary may require, an annual report that includes--
``(1) information on the progress of the eligible entity on
the performance measures established under section 4556; and
``(2) the data supporting that progress.
``SEC. 4558. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$120,000,000 for fiscal year 2019 and such sums as may be necessary for
each of the 5 succeeding fiscal years.''.
(b) Table of Contents.--The table of contents of the Elementary and
Secondary Education Act of 1965 (as added by section 6 of the Every
Student Succeeds Act (Public Law 114-95)) is amended by inserting after
the item relating to section 4506 the following:
``Part F--Stronger Together Program
``Sec. 4551. Findings and statement of purpose.
``Sec. 4552. Reservation for national activities.
``Sec. 4553. Program authorized; length of grants.
``Sec. 4554. Applications; award basis.
``Sec. 4555. Uses of funds.
``Sec. 4556. Performance measures.
``Sec. 4557. Annual reports.
``Sec. 4558. Authorization of appropriations.''. | Strength in Diversity Act of 2018 This bill amends the Elementary and Secondary Education Act of 1965 to establish the Stronger Together Program, through which the Department of Education (ED) shall award competitive grants for the development or implementation of plans to improve diversity or eliminate socioeconomic or racial isolation in public schools and publicly funded early education programs. The grants are available to local educational agencies, a consortium of such agencies, educational service agencies, or other regional educational authorities that have significant achievement gaps and socioeconomic or racial segregation within or across the school districts served by the entity. ED may give priority to an eligible entity that proposes to use funds to support a program that extends beyond one local educational agency. Each recipient of an implementation grant shall implement a high-quality plan that includes: a comprehensive set of strategies designed to improve academic outcomes by increasing diversity, evidence of strong family and community support for these strategies, ambitious but achievable goals to increase diversity over the grant period, collection and analysis of data to provide transparency and support continuous improvement throughout the grant period, and a rigorous evaluation of the proposed project's effectiveness. ED shall establish performance measures to track the progress of each grant recipient. | {"src": "billsum_train", "title": "Strength in Diversity Act of 2018"} | 3,343 | 251 | 0.492762 | 1.352747 | 0.729141 | 4.082969 | 13.855895 | 0.956332 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency Extended
Unemployment Compensation Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Federal-State agreements.
Sec. 3. Emergency unemployment compensation account.
Sec. 4. Payments to States having agreements for the payment of
emergency unemployment compensation.
Sec. 5. Financing provisions.
Sec. 6. Fraud and overpayments.
Sec. 7. Definitions.
Sec. 8. Applicability.
SEC. 2. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State which desires to do so may enter into
and participate in an agreement under this Act with the Secretary of
Labor (in this Act referred to as the ``Secretary''). Any State which
is a party to an agreement under this Act may, upon providing 30 days'
written notice to the Secretary, terminate such agreement.
(b) Provisions of Agreement.--Any agreement under subsection (a)
shall provide that the State agency of the State will make payments of
emergency unemployment compensation to individuals who--
(1) have exhausted all rights to regular compensation under
the State law or under Federal law with respect to a benefit
year (excluding any benefit year that ended before May 1,
2007);
(2) have no rights to regular compensation or extended
compensation with respect to a week under such law or any other
State unemployment compensation law or to compensation under
any other Federal law (except as provided under subsection
(e)); and
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada.
(c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an
individual shall be deemed to have exhausted such individual's rights
to regular compensation under a State law when--
(1) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(2) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year with
respect to which such rights existed.
(d) Weekly Benefit Amount, etc.--For purposes of any agreement
under this Act--
(1) the amount of emergency unemployment compensation which
shall be payable to any individual for any week of total
unemployment shall be equal to the amount of the regular
compensation (including dependents' allowances) payable to such
individual during such individual's benefit year under the
State law for a week of total unemployment;
(2) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
shall apply to claims for emergency unemployment compensation
and the payment thereof, except where otherwise inconsistent
with the provisions of this Act or with the regulations or
operating instructions of the Secretary promulgated to carry
out this Act; and
(3) the maximum amount of emergency unemployment
compensation payable to any individual for whom an emergency
unemployment compensation account is established under section
3 shall not exceed the amount established in such account for
such individual.
(e) Election by States.--Notwithstanding any other provision of
Federal law (and if State law permits), the Governor of a State that is
in an extended benefit period may provide for the payment of emergency
unemployment compensation prior to extended compensation to individuals
who otherwise meet the requirements of this section.
(f) Unauthorized Aliens Ineligible.--A State shall require as a
condition of eligibility for emergency unemployment compensation under
this Act that each alien who receives such compensation must be legally
authorized to work in the United States, as defined for purposes of the
Federal Unemployment Tax Act (26 U.S.C. 3301 et seq.). In determining
whether an alien meets the requirements of this subsection, a State
must follow the procedures provided in section 1137(d) of the Social
Security Act (42 U.S.C. 1320b-7(d)).
SEC. 3. EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT.
(a) In General.--Any agreement under this Act shall provide that
the State will establish, for each eligible individual who files an
application for emergency unemployment compensation, an emergency
unemployment compensation account with respect to such individual's
benefit year.
(b) Amount in Account.--
(1) In general.--The amount established in an account under
subsection (a) shall be equal to the lesser of--
(A) 50 percent of the total amount of regular
compensation (including dependents' allowances) payable
to the individual during the individual's benefit year
under such law, or
(B) 13 times the individual's average weekly
benefit amount for the benefit year.
(2) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any week
is the amount of regular compensation (including dependents'
allowances) under the State law payable to such individual for
such week for total unemployment.
(c) Special Rule.--
(1) In general.--Notwithstanding any other provision of
this section, if, at the time that the individual's account is
exhausted or at any time thereafter, such individual's State is
in an extended benefit period (as determined under paragraph
(2)), then, such account shall be augmented by an amount equal
to the amount originally established in such account (as
determined under subsection (b)(1)).
(2) Extended benefit period.--For purposes of paragraph
(1), a State shall be considered to be in an extended benefit
period, as of any given time, if--
(A) such a period is then in effect for such State
under the Federal-State Extended Unemployment
Compensation Act of 1970;
(B) such a period would then be in effect for such
State under such Act if section 203(d) of such Act--
(i) were applied by substituting ``4'' for
``5'' each place it appears; and
(ii) did not include the requirement under
paragraph (1)(A); or
(C) such a period would then be in effect for such
State under such Act if--
(i) section 203(f) of such Act were applied
to such State (regardless of whether the State
by law had provided for such application); and
(ii) such section 203(f)--
(I) were applied by substituting
``6.0'' for ``6.5'' in paragraph
(1)(A)(i); and
(II) did not include the
requirement under paragraph (1)(A)(ii).
SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF
EMERGENCY UNEMPLOYMENT COMPENSATION.
(a) General Rule.--There shall be paid to each State that has
entered into an agreement under this Act an amount equal to 100 percent
of the emergency unemployment compensation paid to individuals by the
State pursuant to such agreement.
(b) Treatment of Reimbursable Compensation.--No payment shall be
made to any State under this section in respect of any compensation to
the extent the State is entitled to reimbursement in respect of such
compensation under the provisions of any Federal law other than this
Act or chapter 85 of title 5, United States Code. A State shall not be
entitled to any reimbursement under such chapter 85 in respect of any
compensation to the extent the State is entitled to reimbursement under
this Act in respect of such compensation.
(c) Determination of Amount.--Sums payable to any State by reason
of such State having an agreement under this Act shall be payable,
either in advance or by way of reimbursement (as may be determined by
the Secretary), in such amounts as the Secretary estimates the State
will be entitled to receive under this Act for each calendar month,
reduced or increased, as the case may be, by any amount by which the
Secretary finds that the Secretary's estimates for any prior calendar
month were greater or less than the amounts which should have been paid
to the State. Such estimates may be made on the basis of such
statistical, sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
SEC. 5. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account (as established by section 905(a) of the Social Security Act
(42 U.S.C. 1105(a))) of the Unemployment Trust Fund (as established by
section 904(a) of such Act (42 U.S.C. 1104(a))) shall be used for the
making of payments to States having agreements entered into under this
Act.
(b) Certification.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
payable to such State under this Act. The Secretary of the Treasury,
prior to audit or settlement by the Government Accountability Office,
shall make payments to the State in accordance with such certification,
by transfers from the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment Trust
Fund (as so established).
(c) Assistance to States.--There are appropriated out of the
employment security administration account (as established by section
901(a) of the Social Security Act (42 U.S.C. 1101(a))) of the
Unemployment Trust Fund, without fiscal year limitation, such funds as
may be necessary for purposes of assisting States (as provided in title
III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the
costs of administration of agreements under this Act.
(d) Appropriations for Certain Payments.--There are appropriated
from the general fund of the Treasury, without fiscal year limitation,
to the extended unemployment compensation account (as so established)
of the Unemployment Trust Fund (as so established) such sums as the
Secretary estimates to be necessary to make the payments under this
section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code; and
(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986
applies.
Amounts appropriated pursuant to the preceding sentence shall not be
required to be repaid.
SEC. 6. FRAUD AND OVERPAYMENTS.
(a) In General.--If an individual knowingly has made, or caused to
be made by another, a false statement or representation of a material
fact, or knowingly has failed, or caused another to fail, to disclose a
material fact, and as a result of such false statement or
representation or of such nondisclosure such individual has received an
amount of emergency unemployment compensation under this Act to which
he was not entitled, such individual--
(1) shall be ineligible for further emergency unemployment
compensation under this Act in accordance with the provisions
of the applicable State unemployment compensation law relating
to fraud in connection with a claim for unemployment
compensation; and
(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(b) Repayment.--In the case of individuals who have received
amounts of emergency unemployment compensation under this Act to which
they were not entitled, the State shall require such individuals to
repay the amounts of such emergency unemployment compensation to the
State agency, except that the State agency may waive such repayment if
it determines that--
(1) the payment of such emergency unemployment compensation
was without fault on the part of any such individual; and
(2) such repayment would be contrary to equity and good
conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the amount to
be repaid, or any part thereof, by deductions from any
emergency unemployment compensation payable to such individual
under this Act or from any unemployment compensation payable to
such individual under any State or Federal unemployment
compensation law administered by the State agency or under any
other Federal law administered by the State agency which
provides for the payment of any assistance or allowance with
respect to any week of unemployment, during the 3-year period
after the date such individuals received the payment of the
emergency unemployment compensation to which they were not
entitled, except that no single deduction may exceed 50 percent
of the weekly benefit amount from which such deduction is made.
(2) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a determination
has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination
has become final.
(d) Review.--Any determination by a State agency under this section
shall be subject to review in the same manner and to the same extent as
determinations under the State unemployment compensation law, and only
in that manner and to that extent.
SEC. 7. DEFINITIONS.
In this Act, the terms ``compensation'', ``regular compensation'',
``extended compensation'', ``benefit year'', ``base period'',
``State'', ``State agency'', ``State law'', and ``week'' have the
respective meanings given such terms under section 205 of the Federal-
State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304
note).
SEC. 8. APPLICABILITY.
(a) In General.--Except as provided in subsection (b), an agreement
entered into under this Act shall apply to weeks of unemployment--
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before March 31, 2009.
(b) Transition for Amount Remaining in Account.--
(1) In general.--Subject to paragraphs (2) and (3), in the
case of an individual who has amounts remaining in an account
established under section 3 as of the last day of the last week
(as determined in accordance with the applicable State law)
ending on or before March 31, 2009, emergency unemployment
compensation shall continue to be payable to such individual
from such amounts for any week beginning after such last day
for which the individual meets the eligibility requirements of
this Act.
(2) Limit on augmentation.--If the account of an individual
is exhausted after the last day of such last week (as so
determined), then section 3(c) shall not apply and such account
shall not be augmented under such section, regardless of
whether such individual's State is in an extended benefit
period (as determined under paragraph (2) of such section).
(3) Limit on compensation.--No compensation shall be
payable by reason of paragraph (1) for any week beginning after
June 30, 2009.
Passed the House of Representatives June 12, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
By Robert F. Reeves,
Deputy Clerk. | Emergency Extended Unemployment Compensation Act of 2008 - (Sec. 2) Authorizes a state to enter into an agreement with the Secretary of Labor under which the state agency will make emergency unemployment compensation payments to individuals who: (1) have exhausted all rights to regular compensation under state or federal law with respect to a benefit year ending on or after May 1, 2007; (2) have no rights to regular compensation or extended compensation with respect to a week under such law or any other state or federal unemployment compensation law; and (3) are not receiving compensation for such week under the unemployment compensation law of Canada.
Authorizes a state's governor in an extended benefit period, if state law permits, to provide for the payment of emergency unemployment compensation before extended compensation to individuals who otherwise meet the requirements of this Act.
Requires a state to require, as a condition of eligibility for such emergency unemployment compensation, that aliens who receive it be legally authorized to work in the United States.
(Sec. 3) Requires such agreements to require states to establish an emergency unemployment compensation account for an applicant's benefit year.
Prescribes a formula for crediting amounts to such accounts.
Makes a special rule to augment the compensation amount if such an account is exhausted while the state is in an extended benefit period. Revises the definition of "extended benefit period" to include states with a total unemployment rate (TUR) of at least 6.0% and states with an insured unemployment rate (IUR) of at least 4.0% (regardless of certain other ordinary requirements).
(Sec. 4) Requires federal payments to states that have entered into such agreements to cover 100% of emergency unemployment compensation payments.
Prohibits such payments from being made to any state if it is entitled to reimbursement in respect of such compensation under any federal law other than this Act or federal law relating to unemployment compensation for federal employees and ex-servicemen.
Denies a state entitlement to any reimbursement under the latter law if the state is entitled to reimbursement under this Act.
(Sec. 5) Requires funds in the extended unemployment compensation account of the Unemployment Trust Fund to be used for payments to states having such agreements.
Appropriates out of the employment security administration account of such Fund, without fiscal year limitation, the funds necessary to assist states in meeting the costs of administration of such agreements.
Appropriates from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation account of the Unemployment Trust Fund such sums as the Secretary estimates are necessary to make payments for: (1) compensation payable to federal employees and ex-servicemen; and (2) compensation payable on the basis of certain services performed for nonprofit organizations or governmental entities. Declares that none of these appropriations shall be required to be repaid.
(Sec. 6) Makes an individual ineligible for further emergency unemployment compensation, and subjects him or her to fines and imprisonment of up to five years, or both, if the individual knowingly has made, or caused another to make, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such actions the individual has received such emergency unemployment compensation to which he or she was not entitled.
Directs the state to require such an individual to repay the compensation to the state agency unless the state determines that: (1) the overpayment was without fault on the individual's part; and (2) such repayment would be contrary to equity and good conscience.
(Sec. 8) Requires any agreement entered into under this Act to apply only to weeks of unemployment: (1) beginning after the agreement is entered into; and (2) ending on or before February 1, 2009. | {"src": "billsum_train", "title": "To provide for a program of emergency unemployment compensation."} | 3,194 | 808 | 0.660887 | 2.371641 | 0.723241 | 4.071332 | 4.080754 | 0.903096 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Identity Theft Prevention
Act of 2015''.
SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON
MEDICARE CARDS.
(a) In General.--Section 205(c)(2)(C) of the Social Security Act
(42 U.S.C. 405(c)(2)(C)) is amended--
(1) by moving clause (x), as added by section 1414(a)(2) of
the Patient Protection and Affordable Care Act, 6 ems to the
left;
(2) by redesignating clause (x), as added by section
2(a)(1) of the Social Security Number Protection Act of 2010,
and clause (xi) as clauses (xi) and (xii), respectively; and
(3) by adding at the end the following new clause:
``(xiii) The Secretary of Health and Human Services, in
consultation with the Commissioner of Social Security, shall establish
cost-effective procedures to ensure that a Social Security account
number (or derivative thereof) is not displayed, coded, or embedded on
the Medicare card issued to an individual who is entitled to benefits
under part A of title XVIII or enrolled under part B of title XVIII and
that any other identifier displayed on such card is not identifiable as
a Social Security account number (or derivative thereof).''.
(b) Implementation.--In implementing clause (xiii) of section
205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as
added by subsection (a)(3), the Secretary of Health and Human Services
shall do the following:
(1) In general.--Establish a cost-effective process that
involves the least amount of disruption to, as well as
necessary assistance for, Medicare beneficiaries and health
care providers, such as a process that provides such
beneficiaries with access to assistance through a toll-free
telephone number and provides outreach to providers.
(2) Consideration of medicare beneficiary identified.--
Consider implementing a process, similar to the process
involving Railroad Retirement Board beneficiaries, under which
a Medicare beneficiary identifier which is not a Social
Security account number (or derivative thereof) is used
external to the Department of Health and Human Services and is
convertible over to a Social Security account number (or
derivative thereof) for use internal to such Department and the
Social Security Administration.
(c) Funding for Implementation.--For purposes of implementing the
provisions of and the amendments made by this section, the Secretary of
Health and Human Services shall provide for the following transfers
from the Federal Hospital Insurance Trust Fund under section 1817 of
the Social Security Act (42 U.S.C. 1395i) and from the Federal
Supplementary Medical Insurance Trust Fund established under section
1841 of such Act (42 U.S.C. 1395t), in such proportions as the
Secretary determines appropriate:
(1) To the Centers for Medicare & Medicaid Program
Management Account, transfers of the following amounts:
(A) For fiscal year 2015, $65,000,000, to be made
available through fiscal year 2018.
(B) For each of fiscal years 2016 and 2017,
$53,000,000, to be made available through fiscal year
2018.
(C) For fiscal year 2018, $48,000,000, to be made
available until expended.
(2) To the Social Security Administration Limitation on
Administration Account, transfers of the following amounts:
(A) For fiscal year 2015, $27,000,000, to be made
available through fiscal year 2018.
(B) For each of fiscal years 2016 and 2017,
$22,000,000, to be made available through fiscal year
2018.
(C) For fiscal year 2018, $27,000,000, to be made
available until expended.
(3) To the Railroad Retirement Board Limitation on
Administration Account, the following amount:
(A) For fiscal year 2015, $3,000,000, to be made
available until expended.
(d) Effective Date.--
(1) In general.--Clause (xiii) of section 205(c)(2)(C) of
the Social Security Act (42 U.S.C. 405(c)(2)(C)), as added by
subsection (a)(3), shall apply with respect to Medicare cards
issued on and after an effective date specified by the
Secretary of Health and Human Services, but in no case shall
such effective date be later than the date that is four years
after the date of the enactment of this Act.
(2) Reissuance.--The Secretary shall provide for the
reissuance of Medicare cards that comply with the requirements
of such clause not later than four years after the effective
date specified by the Secretary under paragraph (1). | Medicare Identity Theft Prevention Act of 2015 Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to establish cost-effective procedures to ensure that: (1) a Social Security account number (or any derivative) is not displayed, coded, or embedded on the Medicare card issued to an individual entitled to benefits under part A (Hospital Insurance) of SSA title XVIII (Medicare) or enrolled under Medicare part B (Supplementary Medical Insurance); and (2) any other identifier displayed on such card is not identifiable as a Social Security account number (or any derivative). | {"src": "billsum_train", "title": "Medicare Identity Theft Prevention Act of 2015"} | 1,029 | 155 | 0.610786 | 1.676974 | 0.690279 | 4.834586 | 6.962406 | 0.924812 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earthquake Hazards Reduction
Authorization Act of 1999''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) Federal Emergency Management Agency.--Section 12(a) of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(a)) is
amended--
(1) by striking ``(1) General.--'' and all that follows
through ``(7) There'' and inserting ``General.--There'';
(2) by striking ``1998, and'' and inserting ``1998,''; and
(3) by inserting ``, $19,800,000 for the fiscal year ending
September 30, 2000, and $20,400,000 for the fiscal year ending
September 30, 2001'' after ``September 30, 1999''.
(b) United States Geological Survey.--(1) Section 12(b) of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(b)) is
amended--
(A) by inserting ``There are authorized to be appropriated
to the Secretary of the Interior for purposes of carrying out,
through the Director of the United States Geological Survey,
the responsibilities that may be assigned to the Director under
this Act $46,100,000 for fiscal year 2000, of which $3,500,000
shall be used for the Global Seismic Network and $100,000 shall
be used for the Scientific Earthquake Studies Advisory
Committee established under section 6 of the Earthquake Hazards
Reduction Authorization Act of 1999; and $47,500,000 for fiscal
year 2001, of which $3,600,000 shall be used for the Global
Seismic Network and $100,000 shall be used for the Scientific
Earthquake Studies Advisory Committee established under section
6 of the Earthquake Hazards Reduction Authorization Act of
1999.'' after ``operated by the Agency.'';
(B) by striking ``and'' at the end of paragraph (1);
(C) by striking the comma at the end of paragraph (2) and
inserting a semicolon; and
(D) by inserting after paragraph (2) the following new
paragraphs:
``(3) $9,000,000 of the amount authorized to be
appropriated for fiscal year 2000; and
``(4) $9,500,000 of the amount authorized to be
appropriated for fiscal year 2001,''.
(2) Section 2(a)(7) of the Act entitled ``An Act to authorize
appropriations for carrying out the Earthquake Hazards Reduction Act of
1977 for fiscal years 1998 and 1999, and for other purposes'' is
amended by inserting ``, $1,600,000 for fiscal year 2000, and
$1,650,000 for fiscal year 2001'' after ``1998 and 1999''.
(c) National Science Foundation.--Section 12(c) of the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7706(c)) is amended--
(1) by striking ``1998, and'' and inserting ``1998,''; and
(2) by striking the period at the end and inserting ``, and
(5) $19,000,000 for engineering research and $10,900,000 for
geosciences research for the fiscal year ending September 30,
2000. There are authorized to be appropriated to the National
Science Foundation $19,600,000 for engineering research and
$11,200,000 for geosciences research for fiscal year 2001.''.
(d) National Institute of Standards and Technology.--Section 12(d)
of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(d)) is
amended--
(1) by striking ``1998, and''; and inserting ``1998,''; and
(2) by inserting ``, $2,200,000 for fiscal year 2000, and
$2,265,000 for fiscal year 2001'' after ``September 30, 1999''.
SEC. 3. REPEALS.
Section 10 and subsections (e) and (f) of section 12 of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7705d and 7706 (e)
and (f)) are repealed.
SEC. 4. ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING SYSTEM.
The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.) is amended by adding at the end the following new section:
``SEC. 13. ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING SYSTEM.
``(a) Establishment.--The Director of the United States Geological
Survey shall establish and operate an Advanced National Seismic
Research and Monitoring System. The purpose of such system shall be to
organize, modernize, standardize, and stabilize the national, regional,
and urban seismic monitoring systems in the United States, including
sensors, recorders, and data analysis centers, into a coordinated
system that will measure and record the full range of frequencies and
amplitudes exhibited by seismic waves, in order to enhance earthquake
research and warning capabilities.
``(b) Management Plan.--Not later than 120 days after the date of
the enactment of the Earthquake Hazards Reduction Authorization Act of
1999, the Director of the United States Geological Survey shall
transmit to the Congress a 5-year management plan for establishing and
operating the Advanced National Seismic Research and Monitoring System.
The plan shall include annual cost estimates for both modernization and
operation, milestones, standards, and performance goals, as well as
plans for securing the participation of all existing networks in the
Advanced National Seismic Research and Monitoring System and for
establishing new, or enhancing existing, partnerships to leverage
resources.
``(c) Authorization of Appropriations.--
``(1) Expansion and modernization.--In addition to amounts
appropriated under section 12(b), there are authorized to be
appropriated to the Secretary of the Interior, to be used by
the Director of the United States Geological Survey to
establish the Advanced National Seismic Research and Monitoring
System--
``(A) $33,500,000 for fiscal year 2000;
``(B) $33,700,000 for fiscal year 2001;
``(C) $35,100,000 for fiscal year 2002;
``(D) $35,000,000 for fiscal year 2003; and
``(E) $33,500,000 for fiscal year 2004.
``(2) Operation.--In addition to amounts appropriated under
section 12(b), there are authorized to be appropriated to the
Secretary of the Interior, to be used by the Director of the
United States Geological Survey to operate the Advanced
National Seismic Research and Monitoring System--
``(A) $4,500,000 for fiscal year 2000; and
``(B) $10,300,000 for fiscal year 2001.''.
SEC. 5. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION.
The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.) is amended by adding at the end the following new section:
``SEC. 14. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION.
``(a) Establishment.--The Director of the National Science
Foundation shall establish a Network for Earthquake Engineering
Simulation that will upgrade, link, and integrate a system of
geographically distributed experimental facilities for earthquake
engineering testing of full-sized structures and their components and
partial-scale physical models. The system shall be integrated through
networking software so that integrated models and databases can be used
to create model-based simulation, and the components of the system
shall be interconnected with a computer network and allow for remote
access, information sharing, and collaborative research.
``(b) Authorization of Appropriations.--In addition to amounts
appropriated under section 12(c), there are authorized to be
appropriated, out of funds otherwise authorized to be appropriated to
the National Science Foundation, $7,700,000 for fiscal year 2000 for
the Network for Earthquake Engineering Simulation. In addition to
amounts appropriated under section 12(c), there are authorized to be
appropriated to the National Science Foundation for the Network for
Earthquake Engineering Simulation--
``(1) $28,200,000 for fiscal year 2001;
``(2) $24,400,000 for fiscal year 2002;
``(3) $4,500,000 for fiscal year 2003; and
``(4) $17,000,000 for fiscal year 2004.''.
SEC. 6. SCIENTIFIC EARTHQUAKE STUDIES ADVISORY COMMITTEE.
(a) Establishment.--The Director of the United States Geological
Survey shall establish a Scientific Earthquake Studies Advisory
Committee.
(b) Organization.--The Director shall establish procedures for
selection of individuals not employed by the Federal Government who are
qualified in the seismic sciences and other appropriate fields and may,
pursuant to such procedures, select up to ten individuals, one of whom
shall be designated Chairman, to serve on the Advisory Committee.
Selection of individuals for the Advisory Committee shall be based
solely on established records of distinguished service, and the
Director shall ensure that a reasonable cross-section of views and
expertise is represented. In selecting individuals to serve on the
Advisory Committee, the Director shall seek and give due consideration
to recommendations from the National Academy of Sciences, professional
societies, and other appropriate organizations.
(c) Meetings.--The Advisory Committee shall meet at such times and
places as may be designated by the Chairman in consultation with the
Director.
(d) Duties.--The Advisory Committee shall advise the Director on
matters relating to the United States Geological Survey's participation
in the National Earthquake Hazards Reduction Program, including the
United States Geological Survey's roles, goals, and objectives within
that Program, its capabilities and research needs, guidance on
achieving major objectives, and establishing and measuring performance
goals. The Advisory Committee shall issue an annual report to the
Director for submission to Congress on or before September 30 of each
year. The report shall describe the Advisory Committee's activities and
address policy issues or matters that affect the United States
Geological Survey's participation in the National Earthquake Hazards
Reduction Program.
SEC. 7. BUDGET COORDINATION.
Section 5 of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7704) is amended--
(1) in subsection (b)(1)--
(A) by striking subparagraph (A) and redesignating
subparagraphs (B) through (F) as subparagraphs (A)
through (E), respectively; and
(B) by moving subparagraph (E), as so redesignated
by subparagraph (A) of this paragraph, so as to appear
immediately after subparagraph (D), as so redesignated;
and
(2) by adding at the end the following new subsection:
``(c) Budget Coordination.--
``(1) Guidance.--The Agency shall each year provide
guidance to the other Program agencies concerning the
preparation of requests for appropriations for activities
related to the Program, and shall prepare, in conjunction with
the other Program agencies, an annual Program budget to be
submitted to the Office of Management and Budget.
``(2) Reports.--Each Program agency shall include with its
annual request for appropriations submitted to the Office of
Management and Budget a report that--
``(A) identifies each element of the proposed
Program activities of the agency;
``(B) specifies how each of these activities
contributes to the Program; and
``(C) states the portion of its request for
appropriations allocated to each element of the
Program.''.
SEC. 8. REPORT ON AT-RISK POPULATIONS.
Not later than one year after the date of the enactment of this
Act, and after a period for public comment, the Director of the Federal
Emergency Management Agency shall transmit to the Congress a report
describing the elements of the Program that specifically address the
needs of at-risk populations, including the elderly, persons with
disabilities, non-English-speaking families, single-parent households,
and the poor. Such report shall also identify additional actions that
could be taken to address those needs, and make recommendations for any
additional legislative authority required to take such actions.
SEC. 9. PUBLIC ACCESS TO EARTHQUAKE INFORMATION.
Section 5(b)(2)(A)(ii) of the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7704(b)(2)(A)(ii)) is amended by inserting ``, and
development of means of increasing public access to available locality-
specific information that may assist the public in preparing for or
responding to earthquakes'' after ``and the general public''.
SEC. 10. LIFELINES.
Section 4(6) of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7703(6)) is amended by inserting ``and infrastructure'' after
``communication facilities''.
SEC. 11. COMPLIANCE WITH BUY AMERICAN ACT.
No funds authorized pursuant to this Act may be expended by an
entity unless the entity agrees that in expending the assistance the
entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
SEC. 12. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In the case
of any equipment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the sense of
the Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made equipment and
products.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary of Transportation shall
provide to each recipient of the assistance a notice describing the
statement made in subsection (a) by the Congress.
SEC. 13. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal agency that
any person intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any product
sold in or shipped to the United States that is not made in the United
States, such person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act, pursuant to
the debarment, suspension, and ineligibility procedures described in
section 9.400 through 9.409 of title 48, Code of Federal Regulations.
Passed the House of Representatives April 21, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Earthquake Hazards Reduction Authorization Act of 1999 - Amends the Earthquake Hazards Reduction Act of 1977 to authorize appropriations to the Federal Emergency Management Agency (FEMA) for earthquake hazards reduction for FY 2000 and 2001. Authorizes appropriations for FY 2000 and 2001 to the Secretary of the Interior for carrying out, through the Director of the U.S. Geological Survey (USGS), responsibilities assigned under the Act, with specified amounts available for the Global Seismic Network and the Scientific Earthquake Studies Advisory Committee. Makes specified amounts available for FY 2000 and 2001 for a related USGS grant program. Authorizes additional appropriations for FY 2000 and 2001 for a USGS program to develop a prototype real-time seismic warning system. Authorizes appropriations under the Act for FY 2000 and 2001 for National Science Foundation (NSF) engineering and geosciences research and for the National Institute of Standards and Technology. Repeals a provision regarding non-Federal cost sharing for supplemental funds. Requires the USGS Director to: (1) establish an Advanced National Seismic Research and Monitoring System to modernize, standardize, and stabilize the national, regional, and urban seismic monitoring systems in the United States into a coordinated system; and (2) transmit a five-year management plan for the System to Congress. Authorizes appropriations. Requires the NSF Director to establish a Network for Earthquake Engineering Simulation that will upgrade, link, and integrate a system of geographically distributed experimental facilities for earthquake engineering testing of full-sized structures and their components and partial-scale physical models. Authorizes appropriations. Requires the USGS Director to establish a Scientific Earthquake Studies Advisory Committee. Requires the FEMA Director to report to Congress on elements of the earthquake hazards reduction program that specifically address the needs of at-risk populations, including the elderly, persons with disabilities, non-English-speaking families, single-parent households, and the poor. Requires such report to make recommendations for additional legislative authority required to address such needs. Sets forth Buy American requirements with respect to assistance expended by entities under this Act. Expresses the sense of Congress that entities receiving assistance under this Act should purchase only American-made equipment and products with such assistance. Makes persons who have labeled products not made in the United States as "Made in America" ineligible for contracts made with funds provided by this Act. | {"src": "billsum_train", "title": "Earthquake Hazards Reduction Authorization Act of 1999"} | 3,292 | 540 | 0.535199 | 1.738273 | 0.723409 | 4.058824 | 6.38914 | 0.877828 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Independence of Financial
Institution Examinations Act of 2003''.
SEC. 2. OFFER AND ACCEPTANCE OF CREDIT.
(a) In General.--Title 18, United States Code, is amended by
striking sections 212 and 213 and inserting the following:
``Sec. 212. Offer of loan or gratuity to financial institution examiner
``(a) In General.--Except as provided in subsection (b), whoever,
being an officer, director, or employee of a financial institution,
makes or grants any loan or gratuity, to any examiner or assistant
examiner who examines or has authority to examine such bank, branch,
agency, organization, corporation, association, or institution--
``(1) shall be fined under this title, imprisoned not more than
1 year, or both; and
``(2) may be fined a further sum equal to the money so loaned
or gratuity given.
``(b) Regulations.--A Federal financial institution regulatory
agency may prescribe regulations establishing additional limitations on
the application for and receipt of credit under this section and on the
application and receipt of residential mortgage loans under this
section, after consulting with each other Federal financial institution
regulatory agency.
``(c) Definitions.--In this section:
``(1) Examiner.--The term `examiner' means any person--
``(A) appointed by a Federal financial institution
regulatory agency or pursuant to the laws of any State to
examine a financial institution; or
``(B) elected under the law of any State to conduct
examinations of any financial institutions.
``(2) Federal financial institution regulatory agency.--The
term `Federal financial institution regulatory agency' means--
``(A) the Office of the Comptroller of the Currency;
``(B) the Board of Governors of the Federal Reserve System;
``(C) the Office of Thrift Supervision;
``(D) the Federal Deposit Insurance Corporation;
``(E) the Federal Housing Finance Board;
``(F) the Farm Credit Administration;
``(G) the Farm Credit System Insurance Corporation; and
``(H) the Small Business Administration.
``(3) Financial institution.--The term `financial institution'
does not include a credit union, a Federal Reserve Bank, a Federal
home loan bank, or a depository institution holding company.
``(4) Loan.--The term `loan' does not include any credit card
account established under an open end consumer credit plan or a
loan secured by residential real property that is the principal
residence of the examiner, if--
``(A) the applicant satisfies any financial requirements
for the credit card account or residential real property loan
that are generally applicable to all applicants for the same
type of credit card account or residential real property loan;
``(B) the terms and conditions applicable with respect to
such account or residential real property loan, and any credit
extended to the examiner under such account or residential real
property loan, are no more favorable generally to the examiner
than the terms and conditions that are generally applicable to
credit card accounts or residential real property loans offered
by the same financial institution to other borrowers
cardholders in comparable circumstances under open end consumer
credit plans or for residential real property loans; and
``(C) with respect to residential real property loans, the
loan is with respect to the primary residence of the applicant.
``Sec. 213. Acceptance of loan or gratuity by financial institution
examiner
``(a) In General.--Whoever, being an examiner or assistant
examiner, accepts a loan or gratuity from any bank, branch, agency,
organization, corporation, association, or institution examined by the
examiner or from any person connected with it, shall--
``(1) be fined under this title, imprisoned not more than 1
year, or both;
``(2) may be fined a further sum equal to the money so loaned
or gratuity given; and
``(3) shall be disqualified from holding office as an examiner.
``(b) Definitions.--In this section, the terms `examiner', `Federal
financial institution regulatory agency', `financial institution', and
`loan' have the same meanings as in section 212.''.
(b) Technical and Conforming Amendment.--The table of sections of
chapter 11 of title 18, United States Code, is amended by striking the
matter relating to sections 212 and 213 and inserting the following:
``212. Offer of loan or gratuity to financial institution examiner.
``213. Acceptance of loan or gratuity by financial institution
examiner.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Preserving Independence of Financial Institution Examinations Act of 2003 - Amends Federal criminal law to subject to criminal penalties: (1) personnel of a financial institution who offer a loan or gratuity to a financial institution examiner; and (2) a financial institution examiner who accepts such loan or gratuity.
Authorizes a Federal financial institution regulatory agency to prescribe regulations establishing additional limitations on the application for and receipt of credit and on the application and receipt of residential mortgage loans, after consulting with each other Federal financial institution regulatory agency.
Excludes from the meaning of financial institution covered by this Act a credit union, a Federal Reserve Bank, a Federal home loan bank, or a depository institution holding company.
Declares that the term "loan" does not include any credit card account established under an open end consumer credit plan, or a loan secured by residential real property that is the principal residence of the examiner, if certain requirements are met. | {"src": "billsum_train", "title": "A bill to prohibit the offer of credit by a financial institution to a financial institution examiner, and for other purposes."} | 1,085 | 207 | 0.681767 | 1.842283 | 0.920147 | 5.05 | 5.527778 | 0.905556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tariff Relief Assistance for
Developing Economies Act of 2005'' or as the ``TRADE Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is in the mutual interest of the United States and
the least-developed countries to promote stable and sustainable
economic growth and development.
(2) Trade and investment are powerful economic tools and a
country may use trade and investment to reduce poverty and
raise the standard of living in that country.
(3) A country that is open to trade may increase its
economic growth.
(4) Twenty-five percent of the world's population survives
on less than one dollar per day.
(5) Unemployment rates in least-developed countries are
extremely high, including unemployment rates in some countries
of up to 70 percent.
(6) Trade and investment often lead to employment
opportunities and often help alleviate poverty.
(7) Least-developed countries have a particular challenge
in meeting the economic requirements and competitiveness of
globalization and international markets.
(8) The United States has recognized the benefits of trade
to least-developed countries by enacting the Generalized System
of Preferences and trade benefits for developing countries in
the Caribbean, Andean, and sub-Saharan African regions of the
world.
(9) The challenges of the global trading environment for
least-developed countries are even greater given the end of the
Multi-Fiber Arrangement in 2005, and certain least-developed
countries, including Bangladesh, Cambodia, and Nepal, are
particularly vulnerable to the changes that will result from
the end of that Arrangement.
(10) Responding to the needs of least-developed countries
would be consistent with other United States trade objectives,
including encouraging forward progress on the WTO Doha
Development Round.
(11) Enhanced trade with the Muslim least-developed
countries, including Yemen, Afghanistan, and Bangladesh, is
consistent with other United States objectives of encouraging a
strong private sector and individual economic empowerment in
those countries.
(12) Offering least-developed countries enhanced trade
preferences will encourage both higher levels of trade and
direct investment in support of positive economic and political
developments throughout the region and the world.
(13) Encouraging the reciprocal reduction of trade and
investment barriers will enhance the benefits of trade and
investment as well as enhance commercial and political ties
between the United States and the beneficiary countries.
(14) Economic opportunity and engagement in the global
trading system together with support for democratic
institutions and a respect for human rights are mutually-
reinforcing objectives and key elements of a policy to confront
and defeat global terrorism.
(15) A powerful earthquake and tsunami struck in the Indian
Ocean on December 26, 2004.
(16) The destruction caused by the tsunami in Sri Lanka was
devastating and included the loss of an estimated 30,000 people
and physical damage that will cost an amount equal to 6.5
percent of annual economy of Sri Lanka to repair.
(17) The effects of lost businesses and reconstruction
costs caused by the tsunami damage will result in a drop in the
economic growth of Sri Lanka.
(18) Senate Resolution 4, 109th Congress, agreed to January
4, 2005, expressed the support of the Senate for the long-term
commitment and engagement of the United States to provide
financial aid and other forms of direct and indirect assistance
to the countries and peoples of the region impacted by the
earthquake and the tsunami.
(19) Duty preferences that assist Sri Lanka in the United
States market will help Sri Lanka rebuild and overcome the
economic destruction caused by the tsunami.
SEC. 3. AUTHORITY TO DESIGNATE; ELIGIBILITY REQUIREMENTS.
(a) Authority To Designate.--
(1) In general.--Notwithstanding any other provision of
law, the President is authorized to designate a TRADE ACT of
2005 country as a beneficiary TRADE Act of 2005 country
eligible for benefits described in section 4--
(A) if the President determines that the country
meets the requirements set forth in section 104 of the
African Growth and Opportunity Act (19 U.S.C. 3703);
and
(B) subject to the authority granted to the
President under subsections (a), (d), and (e) of
section 502 of the Trade Act of 1974 (19 U.S. C. 2462
(a), (d), and (e)), if the country otherwise meets the
eligibility criteria set forth in such section 502.
(2) Application of section 104.--Section 104 of the African
Growth and Opportunity Act shall be applied for purposes of
paragraph (1) by substituting ``TRADE Act of 2005 country'' for
``sub-Saharan African country'' each place it appears.
(b) Countries Eligible for Designation.--For purposes of this Act,
the term ``TRADE Act of 2005 country'' refers to the following or their
successor political entities:
(1) Afghanistan.
(2) Bangladesh.
(3) Bhutan.
(4) Cambodia.
(5) Kiribati.
(6) Lao People's Democratic Republic.
(7) Maldives.
(8) Nepal.
(9) Samoa.
(10) Solomon Islands.
(11) Timor-Leste (East Timor).
(12) Tuvalu.
(13) Vanuatu.
(14) Yemen.
(c) Sri Lanka Economic Emergency Support.--For purposes of this
Act, the President may also designate Sri Lanka as beneficiary TRADE
Act of 2005 country eligible for benefits described in section 4.
SEC. 4. TRADE ENHANCEMENT.
(a) Benefits Described.--The benefits described in this section are
as follows:
(1) Preferential tariff treatment for certain articles.--
(A) In general.--The President may provide duty-
free treatment for any article described in section
503(b)(1) (B) through (G) of the Trade Act of 1974 (19
U.S.C.2463(b)(1) (B) through (G)) that is the growth,
product, or manufacture of a beneficiary TRADE Act of
2005 country described, if, after receiving the advice
of the International Trade Commission in accordance
with section 503(e) of the Trade Act of 1974, the
President determines that such article is not import-
sensitive in the context of imports from beneficiary
TRADE Act of 2005 countries.
(B) Rules of origin.--The duty-free treatment
provided under subparagraph (A) shall apply to any
article described in that paragraph that meets the
requirements of section 503(a)(2) of the Trade Act of
1974, except that--
(i) if the cost or value of materials
produced in the customs territory of the United
States is included with respect to that
article, an amount not to exceed 15 percent of
the appraised value of the article at the time
it is entered that is attributed to such United
States cost or value may be applied toward
determining the percentage referred to in
subparagraph (A) of section 503(a)(2) of the
Trade Act of 1974; and
(ii) the cost or value of the materials
included with respect to that article that are
produced in one or more beneficiary TRADE Act
of 2005 countries or former beneficiary TRADE
Act of 2005 countries shall be applied in
determining such percentage.
(2) Textile and apparel articles.--
(A) In general.--The preferential treatment
relating to textile and apparel articles described in
section 112 (a) and (b) (1) and (2) of the African
Growth and Opportunity Act (19 U.S.C. 3721 (a) and (b)
(1) and (2)) shall apply to textile and apparel
articles imported directly into the customs territory
of the United States from a beneficiary TRADE Act of
2005 country and such section shall be applied for
purposes of this subparagraph by substituting ``TRADE
Act of 2005 country'' and ``TRADE Act of 2005
countries'' for ``sub-Saharan African country'' and
``sub-Saharan African countries'', respectively, each
place such terms appear.
(B) Apparel articles assembled from regional and
other fabric.--In applying such section 112, apparel
articles wholly assembled in one or more beneficiary
TRADE Act of 2005 countries or former beneficiary TRADE
Act of 2005 countries, or both, from fabric wholly
formed in one or more beneficiary TRADE Act of 2005
countries or former beneficiary TRADE Act of 2005
countries, or both, from yarn originating either in the
United States or one or more beneficiary TRADE Act of
2005 countries or former beneficiary TRADE Act of 2005
countries, or both (including fabrics not formed from
yarns, if such fabrics are classifiable under heading
5602 or 5603 of the Harmonized Tariff Schedule of the
United States and are wholly formed and cut in the
United States, one or more beneficiary TRADE Act of
2005 countries or former beneficiary TRADE Act of 2005
countries, or any combination thereof), whether or not
the apparel articles are also made from any of the
fabrics, fabric components formed, or components knit-
to-shape described in section 112(b) (1) or (2) of the
African Growth and Opportunity Act (unless the apparel
articles are made exclusively from any of the fabrics,
fabric components formed, or components knit-to-shape
described in such section 112(b) (1) or (2) subject to
the following:
(i) Limitations on benefits.--
(I) In general.--Preferential
treatment under this subparagraph shall
be extended in the 1-year period
beginning January 1, 2005, and in each
of the succeeding 10 1-year periods, to
imports of apparel articles described
in this subparagraph in an amount not
to exceed the applicable percentage of the aggregate square meter
equivalents of all apparel articles imported into the United States in
the preceding 12-month period for which data are available.
(II) Applicable percentage.--For
purposes of this clause, the term
``applicable percentage'' means 11
percent for the 1-year period beginning
January 1, 2005, increased in each of
the 10 succeeding 1-year period by
equal increments, so that for the
period beginning January 1, 2014, the
applicable percentage does not exceed
14 percent.
(ii) Special rule.--
(I) In general.--Subject to clause
(i), preferential treatment described
in this subparagraph shall be extended
through December 31, 2011, for apparel
articles wholly assembled in one or
more beneficiary TRADE Act of 2005
countries or former beneficiary TRADE
Act of 2005 countries, or both,
regardless of the country of origin of
the yarn or fabric used to make such
articles.
(II) Country limitations.--
(aa) Small suppliers.--If
during the preceding 1-year
period beginning on January 1
for which data are available,
imports from a beneficiary
TRADE Act of 2005 country are
less than 1 percent of the
aggregate square meter
equivalents of all apparel
articles imported into the
United States during such
period, such imports may
increase to an amount that is
equal to not more than 1.5
percent of the aggregate square
meter equivalents of all
apparel articles imported into
the United States during such
period.
(bb) Other suppliers.--If
during the preceding 1-year
period beginning on January 1
for which data are available,
imports from a beneficiary
TRADE Act of 2005 country are
at least 1 percent of the
aggregate square meter
equivalents of all apparel
articles imported into the
United States during such
period, such imports may
increase, during each
subsequent 12-month period, by
an amount that is equal to not
more than one-third of 1
percent of the aggregate square
meter equivalents of all
apparel articles imported into
the United States.
(cc) Aggregate country
limit.--In no case may the
aggregate quantity of textile
and apparel articles imported
into the United States under
this subparagraph exceed the
applicable percentage set forth
in clause (i).
(C) Other restrictions.--The provisions of section
112(b) (3)(C), (4), (5), (6), and (7), and (d), and
section 113 of the African Growth and Opportunity Act
(19 U.S.3721(b) (3)(C), (4), (5), (6), and (7), and
(d), and 3722) shall apply with respect to the
preferential treatment extended under this Act to a
beneficiary TRADE Act of 2005 country by substituting
``TRADE Act of 2005 country'' for ``sub-Saharan African
country'' and ``TRADE Act of 2005 countries'' and
``former TRADE Act of 2005 countries'' for ``sub-
Saharan African countries'' wherever appropriate.
SEC. 5. REPORTING REQUIREMENT.
The President shall monitor, review, and report to Congress, not
later than 1 year after the date of enactment of this Act, and annually
thereafter, on the implementation of this Act and on the trade and
investment policy of the United States with respect to the TRADE Act of
2005 countries.
SEC. 6. DEFINITIONS.
In this Act:
(1) Beneficiary trade act of 2005 country.--The term
``beneficiary TRADE Act of 2005 country'' means a country
listed in subsection (b) or (c) of section 3 that the President
has determined is eligible for preferential treatment under
this Act.
(2) Former trade act of 2005 country.--The term ``former
TRADE Act of 2005 country'' means a country that, after being
designated as a beneficiary TRADE Act of 2005 country under
this Act, ceased to be designated as such a country by reason
of its entering into a free trade agreement with the United
States.
SEC. 7. TERMINATION OF PREFERENTIAL TREATMENT.
No duty-free treatment or other preferential treatment extended to
a beneficiary TRADE Act of 2005 country under this Act shall remain in
effect after December 31, 2014.
SEC. 8. EFFECTIVE DATE.
The provisions of this Act shall take effect on January 1, 2005. | Tariff Relief Assistance for Developing Economies Act of 2005 (TRADE Act of 2005) - Authorizes the President to designate Afghanistan, Bangladesh, Bhutan, Cambodia, Kiribati, Lao People's Democratic Republic, Maldives, Nepal, Samoa, Solomon Islands, Timor-Leste (East Timor), Tuvalu, Vanuatu, Yemen, and Sri Lanka or their successor political entities (TRADE Act of 2005 countries) as beneficiary TRADE Act of 2005 countries eligible to receive duty-free treatment for certain articles that are the growth, product, or manufacture of such countries, if after receiving the advice of the International Trade Commission (ITC) the President determines that such articles are not import-sensitive in the context of imports from such countries.
Conditions such designation upon eligibility requirements of the African Growth and Opportunity Act (AGOA) and the Trade Act of 1974.
Prescribes the rule of origin for the articles for the duty-free treatment.
Applies duty-free treatment, without any quantitative limitations, granted to textile and apparel articles under AGOA to articles imported directly into the U.S. customs territory from a beneficiary TRADE Act of 2005 country if their assembly meets specified U.S. origin requirements.
Grants AGOA preferential treatment for apparel articles assembled in one or more beneficiary TRADE Act of 2005 countries or such former countries, or both, from regional fabric from yarn originating either in the United States or one or more of such countries.
Establishes: (1) limitations on such preferential treatment; and (2) special rules for apparel articles wholly assembled in one or more beneficiary TRADE Act of 2005 countries or former beneficiary countries, or both, regardless of the country of origin of the yarn or fabric used to make such articles; and (3) applicable percentages of such benefits. | {"src": "billsum_train", "title": "A bill to extend certain trade preferences to certain least-developed countries, and for other purposes."} | 2,966 | 384 | 0.502352 | 1.792587 | 0.674067 | 3.633136 | 8.594675 | 0.934911 |
SECTION 1. SHORT TITLE.
This act may be cited as the ``National Defense Rail Connection Act
of 2002''.
SEC. 2. FINDINGS.
(a) A comprehensive rail transportation network is a key element of
an integrated transportation system for the North American continent,
and Federal leadership is required to address the needs of a reliable,
safe, and secure rail network, and to connect all areas of the United
States for national defense and economic development, as previously
done for the interstate highway system, the Federal aviation network,
and the transcontinental railroad.
(b) The creation and use of joint use corridors for rail
transportation, fiber optics, pipelines, and utilities are an efficient
and appropriate approach to optimizing the Nation's interconnectivity
and national security.
(c) Government assistance and encouragement in the development of
the transcontinental rail system successfully led to the growth of
economically strong and socially stable communities throughout the
western United States.
(d) Government assistance and encouragement in the development of
the Alaska Railroad between Seward, Alaska and Fairbanks, Alaska
successfully led to the growth of economically strong and socially
stable communities along the route, which today provide homes for over
70 percent of Alaska's total population.
(e) While Alaska and the remainder of the continental United States
has been connected by highway and air transportation, no rail
connection exists despite the fact that Alaska is accessible by land
routes and is a logical destination for the North American rail system.
(f) Rail transportation in otherwise isolated areas is an
appropriate means of providing controlled access, reducing overall
impacts to environmentally sensitive areas over other methods of land-
based access.
(g) Because Congress originally authorized 1,000 miles of rail line
to be built in Alaska, and because the system today covers only
approximately half that distance, substantially limiting its beneficial
effect on the economy of Alaska and the Nation, it is appropriate to
support the expansion of the Alaska system to ensure the originally
planned benefits are achieved.
(h) Alaska has an abundance of natural resources, both material and
aesthetic, access to which would significantly increase Alaska's
contribution to the national economy.
(i) Alaska contains many key national defense installations,
including sites chosen for the construction of the first phase of the
National Missile Defense system, the cost of which could be
significantly reduced if rail transportation were available for the
movement of materials necessary for construction and for the secure
movement of launch vehicles, fuel and other operational supplies.
(j) The 106th Congress recognized the potential benefits of
establishing a rail connection to Alaska by enacting legislation to
authorize a U.S.-Canada bilateral commission to study the feasibility
of linking the rail system in Alaska to the nearest appropriate point
in Canada of the North American rail network.
(k) In support of pending bilateral activities between the United
States and Canada, it is appropriate for the United States to undertake
activities relating to elements within the United States.
SEC. 3. IDENTIFICATION OF NATIONAL DEFENSE RAILROAD-UTILITY CORRIDOR.
(a) Within one year from the date of enactment of this Act, the
Secretary of the Interior, in consultation with the Secretary of
Transportation, the State of Alaska and the Alaska Railroad
Corporation, shall identify a proposed national defense railroad-
utility corridor linking the existing corridor of the Alaska Railroad
to the vicinity of the proposed National Missile Defense facilities at
Fort Greely, Alaska. The corridor shall be at least 500 feet wide and
shall also identify land for such terminals, stations, maintenance
facilities, switching yards, and material sites as are considered
necessary.
(b) The identification of the corridor under paragraph (a) shall
include information providing a complete legal description for and
noting the current ownership of the proposed corridor and associated
land.
(c) In identifying the corridor under paragraph (a), the Secretary
shall consider, at a minimum, the following factors:
(1) The proximity of national defense installations and
national defense considerations.
(2) The location of and access to natural resources that
could contribute to economic development of the region.
(3) Grade and alignment standards that are commensurate
with rail and utility construction standards and that minimize
the prospect of at-grade railroad and highway crossings.
(4) Availability of construction materials.
(5) Safety.
(6) Effects on and service to adjacent communities and
potential intermodal transportation connections.
(7) Environmental concerns.
(8) Use of public land to the maximum degree possible.
(9) Minimization of probable construction costs.
(10) An estimate of probable construction costs and methods
of financing such costs through a combination of private,
State, and Federal sources.
(11) Appropriate utility elements for the corridor,
including but not limited to petroleum product pipelines,
fiber-optic telecommunication facilities, and electrical power
transmission lines.
(12) Prior and established traditional uses.
(d) The Secretary may, as part of the corridor identification,
include issues related to the further extension of such corridor to a
connection with the nearest appropriate terminus of the North American
rail network in Canada.
SEC. 4. NEGOTIATION AND LAND TRANSFER.
(a) The Secretary of the Interior shall--
(1) upon completion of the corridor identification in
section 3, negotiate the acquisition of any lands in the
corridor which are not federally owned through an exchange for
lands of equal or greater value held by the Federal Government
elsewhere in Alaska; and
(2) upon completion of the acquisition of lands under
paragraph (1), the Secretary shall convey to the Alaska
Railroad Corporation, subject to valid existing rights, title
to the lands identified under section 3 as necessary to
complete the national defense railroad-utility corridor, on
condition that the Alaska Railroad Corporation construct in the
corridor an extension of the railroad system to the vicinity of
the proposed national missile defense installation at Fort
Greely, Alaska, together with such other utilities, including
but not limited to fiber-optic transmission lines and
electrical transmission lines, as it considers necessary and
appropriate. The Federal interest in lands conveyed to the
Alaska Railroad Corporation under this Act shall be the same as
in lands conveyed pursuant to the Alaska Railroad Transfer Act
(45 U.S.C. 1201 et seq.).
SEC. 5. APPLICABILITY OF OTHER LAWS.
Actions authorized in this Act shall proceed immediately and to
conclusion not withstanding the land-use planning provisions of section
202 of the Federal Land Policy and Management Act of 1976, Public Law
94-579.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. | National Defense Rail Connection Act of 2002 - Directs the Secretary of the Interior, for purposes of national defense and economic development, to identify a proposed national defense railroad-utility corridor linking the existing corridor of the Alaska Railroad to the vicinity of the proposed National Missile Defense facilities at Fort Greely, Alaska.Authorizes the Secretary, as part of the corridor identification, to include issues related to the further extension of such corridor to a connection with the nearest appropriate terminus of the North American rail network in Canada. | {"src": "billsum_train", "title": "A bill to facilitate the extension of the Alaska Railroad for national defense purposes."} | 1,394 | 110 | 0.521111 | 1.432745 | 0.805444 | 6.927835 | 14.268041 | 0.969072 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthen AmeriCorps Program Act''.
SEC. 2. PROCESS OF APPROVAL OF NATIONAL SERVICE POSITIONS.
(a) Definitions.--In this Act, the terms ``approved national
service position'' and ``Corporation'' have the meanings given the
terms in section 101 of the National and Community Service Act of 1990
(42 U.S.C. 12511).
(b) Timing and Recording Requirements.--
(1) In general.--Notwithstanding subtitles C and D of title
I of the National and Community Service Act of 1990 (42 U.S.C.
12571 et seq., 12601 et seq.), and any other provision of law,
in approving a position as an approved national service
position, the Corporation--
(A) shall approve the position at the time the
Corporation--
(i) enters into an enforceable agreement
with an individual participant to serve in a
program carried out under subtitle E of title I
of that Act (42 U.S.C. 12611 et seq.) or title
I of the Domestic Volunteer Service Act of 1973
(42 U.S.C. 4951 et seq.); or
(ii) except as provided in clause (i),
awards a grant to (or enters into a contract or
cooperative agreement with) an entity to carry
out a program for which such a position may be
approved under section 123 of the National and
Community Service Act of 1990 (42 U.S.C.
12573); and
(B) shall record as an obligation an estimate of
the net present value of the national service
educational award associated with the position, based
on a formula that takes into consideration historical
rates of enrollment in such a program, and of earning
and using national service educational awards for such
a program.
(2) Formula.--In determining the formula described in
paragraph (1)(B), the Corporation shall consult with the
Director of the Congressional Budget Office.
(3) Certification report.--The Chief Executive Officer of
the Corporation shall annually prepare and submit to Congress a
report that contains a certification that the Corporation is in
compliance with the requirements of paragraph (1).
(4) Approval.--The requirements of this subsection shall
apply to each approved national service position that the
Corporation approves--
(A) during fiscal year 2003 (before or after the
date of enactment of this Act); and
(B) during any subsequent fiscal year.
(c) Reserve Account.--
(1) Establishment and contents.--
(A) Establishment.--Notwithstanding subtitles C and
D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq., 12601 et seq.), and
any other provision of law, within the National Service
Trust established under section 145 of the National and
Community Service Act of 1990 (42 U.S.C. 12601), the
Corporation shall establish a reserve account.
(B) Contents.--To ensure the availability of
adequate funds to support the awards of approved
national service positions for each fiscal year, the
Corporation shall place in the account--
(i) during fiscal year 2003, a portion of
the funds that were appropriated for fiscal
year 2003 or a previous fiscal year under
section 501(a)(2) (42 U.S.C. 12681(a)(2)), and
were made available to carry out subtitle C or
D of title I of that Act, and remain available;
and
(ii) during fiscal year 2004 or a
subsequent fiscal year, a portion of the funds
that were appropriated for that fiscal year
under section 501(a)(2) and were made available
to carry out subtitle C or D of title I of that
Act.
(2) Obligation.--The Corporation shall not obligate the
funds in the reserve account until the Corporation--
(A) determines that the funds will not be needed
for the payment of national service educational awards
associated with previously approved national service
positions; or
(B) obligates the funds for the payment of such
awards for such previously approved national service
positions.
(d) Audits.--The accounts of the Corporation relating to the
appropriated funds for approved national service positions, and the
records demonstrating the manner in which the Corporation has recorded
estimates described in subsection (b)(1)(B) as obligations, shall be
audited annually by independent certified public accountants or
independent licensed public accountants, certified or licensed by a
regulatory authority of a State or other political subdivision of the
United States in accordance with generally accepted auditing standards.
A report containing the results of each such independent audit shall be
included in the annual report required by subsection (b)(3).
(e) Availability of Amounts.--Except as provided in subsection (c),
all amounts included in the National Service Trust under paragraphs
(1), (2), and (3) of section 145(a) of the National and Community
Service Act of 1990 (42 U.S.C. 12601(a)) shall be available for
payments of national service educational awards under section 148 of
that Act (42 U.S.C. 12604). | Strengthen AmeriCorps Program Act - Revises the manner in which the Corporation for National and Community Service approves, and records obligations relating to, national service positions under the National and Community Service Act of 1990 and the Domestic Volunteer Service Act of 1973. | {"src": "billsum_train", "title": "To improve the manner in which the Corporation for National and Community Service approves, and records obligations relating to, national service positions."} | 1,159 | 58 | 0.535524 | 1.393861 | 0.930633 | 4.23913 | 21.956522 | 0.934783 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Good Government
Contractor Act of 2007''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. REPEAL OF IMPOSITION OF WITHHOLDING ON CERTAIN PAYMENTS MADE TO
VENDORS BY GOVERNMENT ENTITIES.
The amendment made by section 511 of the Tax Increase Prevention
and Reconciliation Act of 2005 is repealed and the Internal Revenue
Code of 1986 shall be applied as if such amendment had never been
enacted.
SEC. 3. FAR CONTRACTOR QUALIFICATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council shall amend the Federal
Acquisition Regulation issued under sections 6 and 25 of the Office of
Federal Procurement Policy Act (41 U.S.C. 405 and 421) to provide that
for a prospective contractor to be determined responsible, such
contractor must not have any tax debt.
(b) Tax Debt.--For purposes of this section, the term ``tax debt''
means an outstanding debt under the Internal Revenue Code of 1986 which
has not been paid within 180 days after an assessment of a tax,
penalty, or interest and which is not subject to further appeal or a
petition for redetermination under such Code. Such term does not
include a debt that is being paid in a timely manner pursuant to an
agreement under section 6159 or section 7122 of such Code.
SEC. 4. FINAL RULE PROMULGATION.
Not later than 180 days after the date of the enactment of this
Act, the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council shall make final the proposed rule FAR
Case 2006-011 (Representations and Certifications--Tax Delinquency).
SEC. 5. NATIONAL TAX LIEN FILING SYSTEM.
(a) Filing of Notice of Lien.--Subsection (f) of section 6323
(relating to validity and priority against certain persons) is amended
to read as follows:
``(f) Filing of Notice; Form.--
``(1) Filing of notice.--The notice referred to in
subsection (a) shall be filed in the national Federal tax lien
registry established under subsection (k). The filing of a
notice of lien, or a certificate of release, discharge,
subordination, or nonattachment of lien, in the national
Federal tax lien registry shall be effective for purposes of
determining lien priority regardless of the nature or location
of the property interest to which the lien attaches.
``(2) Form.--The form and content of the notice referred to
in subsection (a) shall be prescribed by the Secretary. Such
notice shall be valid notwithstanding any other provision of
law regarding the form or content of a notice of lien.
``(3) Other national filing systems.--The filing of a
notice of lien shall be governed by this title and shall not be
subject to any other Federal law establishing a place or places
for the filing of liens or encumbrances under a national filing
system.''.
(b) Refiling of Notice.--Paragraph (2) of section 6323(g) (relating
to refiling of notice) is amended to read as follows:
``(2) Refiling.--A notice of lien may be refiled in the
national Federal tax lien registry established under subsection
(k).''.
(c) Release of Tax Liens or Discharge of Property.--
(1) In general.--Section 6325(a) (relating to release of
lien) is amended by inserting ``, and shall cause the
certificate of release to be filed in the national Federal tax
lien registry established under section 6323(k),'' after
``internal revenue tax''.
(2) Release of tax liens expedited from 30 to 10 days.--
Section 6325(a) (relating to release of lien) is amended by
striking ``not later than 30 days'' and inserting ``not later
than 10 days''.
(3) Discharge of property from lien.--Section 6325(b)
(relating to discharge of property) is amended--
(A) by inserting ``, and shall cause the
certificate of discharge to be filed in the national
Federal tax lien registry established under section
6323(k),'' after ``under this chapter'' in paragraph
(1),
(B) by inserting ``, and shall cause the
certificate of discharge to be filed in such national
Federal tax lien registry,'' after ``property subject
to the lien'' in paragraph (2),
(C) by inserting ``, and shall cause the
certificate of discharge to be filed in such national
Federal tax lien registry,'' after ``property subject
to the lien'' in paragraph (3), and
(D) by inserting ``, and shall cause the
certificate of discharge of property to be filed in
such national Federal tax lien registry,'' after
``certificate of discharge of such property'' in
paragraph (4).
(4) Discharge of property from estate or gift tax lien.--
Section 6325(c) (relating to estate or gift tax) is amended by
inserting ``, and shall cause the certificate of discharge to
be filed in the national Federal tax lien registry established
under section 6323(k),'' after ``imposed by section 6324''.
(5) Subordination of lien.--Section 6325(d) (relating to
subordination of lien) is amended by inserting ``, and shall
cause the certificate of subordination to be filed in the
national Federal tax lien registry established under section
6323(k),'' after ``subject to such lien''.
(6) Nonattachment of lien.--Section 6325(e) (relating to
nonattachment of lien) is amended by inserting ``, and shall
cause the certificate of nonattachment to be filed in the
national Federal tax lien registry established under section
6323(k),'' after ``property of such person''.
(7) Effect of certificate.--Paragraphs (1) and (2)(B) of
section 6325(f) (relating to effect of certificate) are each
amended by striking ``in the same office as the notice of lien
to which it relates is filed (if such notice of lien has been
filed)'' and inserting ``in the national Federal tax lien
registry established under section 6323(k)''.
(8) Release following administrative appeal.--Section
6326(b) (relating to certificate of release) is amended--
(A) by striking ``and shall include'' and insert
``, shall include'', and
(B) by inserting ``, and shall cause the
certificate of release to be filed in the national
Federal tax lien registry established under section
6323(k),'' after ``erroneous''.
(9) Conforming amendments.--Section 6325 is amended by
striking subsection (g) and by redesignating subsection (h) as
subsection (g).
(d) National Federal Tax Lien Registry.--
(1) In general.--Section 6323 is amended by adding at the
end the following new subsection:
``(k) National Registry.--The national Federal tax lien registry
referred to in subsection (f)(1) shall be established and maintained by
the Secretary and shall be accessible to and searchable by the public
through the Internet at no cost to access or search. The registry shall
identify the taxpayer to whom the Federal tax lien applies and reflect
the date and time the notice of lien was filed, and shall be made
searchable by, at a minimum, taxpayer name, the State of the taxpayer's
address as shown on the notice of lien, the type of tax, and the tax
period, and, when the Secretary determines it is feasible, by property.
The registry shall also provide for the filing of certificates of
release, discharge, subordination, and nonattachment of Federal tax
liens, as authorized in sections 6325 and 6326, and may provide for
publishing such other documents or information with respect to Federal
tax liens as the Secretary may by regulation provide.''.
(2) Administrative action.--The Secretary of the Treasury
shall issue regulations or other guidance providing for the
maintenance and use of the national Federal tax lien registry
established under section 6323(k) of the Internal Revenue Code
of 1986. The Secretary of the Treasury shall take appropriate
steps to secure and prevent tampering with the data recorded
therein. Prior to implementation of such registry, the
Secretary of the Treasury shall review the information
currently provided in public lien filings and determine whether
any such information should be excluded or protected from
public viewing in such registry.
(e) Transition Rules.--The Secretary of the Treasury may by
regulation prescribe for the continued filing of notices of Federal tax
lien in the offices of the States, counties and other governmental
subdivisions after December 31, 2008, for an appropriate period to
permit an orderly transition to the national Federal tax lien registry
established under section 6323(k) of the Internal Revenue Code of 1986.
(f) Effective Date.--The amendments made by this section shall
apply to notices of lien filed after December 31, 2008. The national
Federal tax lien registry (established under section 6323(k) of the
Internal Revenue Code of 1986) shall be made operational as of January
1, 2009, whether or not the Secretary of the Treasury has promulgated
final regulations establishing such registry.
SEC. 6. FEDERAL TAX CONVICTION DATABASE.
(a) In General.--The Attorney General of the United States shall
establish and maintain a database containing the names of individuals
and entities with convictions for Federal tax offenses under the
Internal Revenue Code of 1986. Such database shall be accessible and
searchable by the head of any Federal agency for purposes of verifying
information provided by prospective contractors.
(b) Administrative Action.--The Attorney General shall issue
regulations or other guidance providing for the maintenance and use of
the database established under subsection (a). The Attorney General
shall take appropriate steps to secure and prevent tampering with the
data recorded therein.
SEC. 7. REQUIRED ACCESS TO REGISTRY AND DATABASE.
Not later than 180 days after the date of the enactment of this
Act, the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council shall amend the Federal Acquisition
Regulation issued under sections 6 and 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 405 and 421) to require a contracting
officer making a determination of responsibility with respect to any
prospective contractor to access the national Federal tax lien registry
established under section 6323(k) of the Internal Revenue Code of 1986
and the Federal tax conviction database established under section 6 of
this Act.
SEC. 8. CAUSES FOR DEBARMENT AND SUSPENSION.
Not later than 180 days after the date of the enactment of this
Act, the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council shall amend the Federal Acquisition
Regulation issued under sections 6 and 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 405 and 421)--
(1) to provide as a cause for either contractor debarment
or suspension the knowingly making of false statements
regarding Federal tax information, including on the Online
Representations and Certifications Application or to the
Central Contractor Registry, incurring a tax debt (as defined
in section 3(b)), or the conviction or imposition of a civil
judgment for the commission of Federal tax evasion or any other
Federal tax offense, and
(2) to require the debarring official or suspending
official to provide a statement of explanation for the
nondebarment or non-suspension of any contractor in any
determination involving any cause for debarment or suspension
described in paragraph (1). | Good Government Contractor Act of 2007 - Repeals provisions of the Tax Increase Prevention and Reconciliation Act of 2005 requiring government agencies to withhold 3% of payments due contractors providing goods and services to such agencies.
Requires the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council to (1) amend the Federal Acquisition Regulation (FAR) to require prospective contractors to be free of any tax debt, to require contracting officers to access the national federal tax lien registry and the federal tax conviction database established by this Act in making a determination of responsibility with respect to any prospective contractor, and to establish as cause for contractor debarment and suspension the making of false statements regarding federal tax information; and (2) make final the proposed rule FAR Case 2006-011 (Representations and Certifications - Tax Delinquency).
Amends the Internal Revenue Code to: (1) direct the Secretary of the Treasury to establish and maintain a federal tax lien registry, in lieu of filing tax liens in local jurisdictions, which would be accessible to and searchable by the public through the Internet at no cost; (2) establish the priority of a federal tax lien based upon the date and time of the filing of a notice of lien in the federal tax lien registry; and (3) reduce the period for releasing satisfied or unenforceable tax liens from 30 to 10 days.
Requires the Attorney General to establish and maintain a database of individuals and entities with convictions for federal tax offenses. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to simplify, modernize, and improve public notice of and access to tax lien information by providing for a national, Internet accessible, filing system for Federal tax liens, and for other purposes."} | 2,727 | 311 | 0.591629 | 1.887787 | 0.694741 | 3.704626 | 8.540925 | 0.907473 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Law Judge Act of 1994''.
SEC. 2. AUTHORITY TO REFER TO MEMBERS OF BOARD OF VETERANS' APPEALS AS
VETERANS LAW JUDGES.
Section 7101(b) of title 38, United States Code, is amended by
adding at the end the following:
``(5)(A) Except as provided in subparagraph (B), a member of the
Board, including the Chairman and the Vice Chairman, shall be referred
to as a veterans law judge.
``(B) Subparagraph (A) shall not apply to a temporary member of the
Board.''.
SEC. 3. CLASSIFICATION AND PAY OF MEMBERS OF BOARD OF VETERANS'
APPEALS.
(a) In General.--Section 7101(b) of title 38, United States Code,
as amended by section 2, is further amended by adding at the end the
following:
``(6) A member of the Board (other than the Chairman and Vice
Chairman) shall receive compensation under the provisions of section
5372 of title 5 and other benefits equal to those payable to an
administrative law judge.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the first day of the first pay period beginning after
the date of the enactment of this Act.
(c) Savings Provision.--The rate of basic pay payable to an
individual who is a member of the Board of Veterans' Appeals on the
date of the enactment of this Act may not be reduced by reason of the
amendment made by subsection (a) below the rate payable to such
individual on the day before the effective date specified in subsection
(b).
SEC. 4. CONTINUATION OF SERVICE AND REAPPOINTMENT OF BOARD MEMBERS.
(a) Chairman.--Paragraph (1) of section 7101(b) of title 38, United
States Code, is amended to read as follows:
``(1)(A) The Chairman shall be appointed by the President, by and
with the advice and consent of the Senate, for a term of six years.
``(B) Notwithstanding subparagraph (A), the Chairman may, upon the
approval of the Secretary, serve after the expiration of the term of
the Chairman under that subparagraph. The Chairman may serve under this
subparagraph until--
``(i) the confirmation of the Chairman under subparagraph
(A) for an additional term to which the Chairman is appointed
under paragraph (3); or
``(ii) the confirmation of the successor to the Chairman.
``(C) The Chairman may be removed by the President for misconduct,
inefficiency, neglect of duty, or engaging in the practice of law or
for physical or mental disability which, in the opinion of the
President, prevents the proper execution of the Chairman's duties. The
Chairman may not be removed from office by the President on any other
grounds. Any such removal may only be made after notice and opportunity
for hearing.''.
(b) Other Members of Board.--Paragraph (2) of such section is
amended to read as follows:
``(2)(A) The other members of the Board (including the Vice
Chairman) shall be appointed by the Secretary, with the approval of the
President and based upon recommendations of the Chairman, for a term of
nine years.
``(B) Notwithstanding subparagraph (A), a member of the Board may,
upon the recommendation of the Chairman and the approval of the
Secretary, serve after the expiration of the term of the member under
that subparagraph. A member may serve under this subparagraph until--
``(i) the appointment of the member to an additional term
under paragraph (3); or
``(ii) the appointment of the successor to the member.
``(C)(i) The Secretary shall notify a member of the Board under
this paragraph if--
``(I) the Chairman decides not to recommend the member for
appointment under paragraph (3) to an additional term; or
``(II) the Secretary decides not to appoint the member to
an additional term under that paragraph.
``(ii) The Secretary shall notify a member of the Board under
clause (i) not later than 120 days before the expiration of the
member's term.
``(iii) A notification under clause (i) shall include an
explanation of the Chairman's decision not to recommend the member for
appointment or the Secretary's decision not to appoint the member, as
the case may be.
``(iv) The Secretary shall provide a member of the Board who
receives a notice under this subparagraph an opportunity for a hearing
on the matters in the notice. The hearing shall occur not later than 60
days before the expiration of the member's term.
``(v) Upon completion of a hearing in the case of a member of the
Board under clause (iv), the Secretary shall determine whether or not
to appoint the member to an additional term under paragraph (3). The
Secretary's decision shall be final and shall not be subject to
judicial review.
``(D)(i) Except as provided in clause (ii), if the Secretary fails
to notify a member of the Board covered by clause (i) of subparagraph
(C) by the time specified in clause (ii) of that subparagraph, the
member shall be deemed appointed by the Secretary to an additional term
under paragraph (3).
``(ii) The President may disapprove the appointment of a member of
the Board to an additional term under clause (i). A member whose
appointment is so disapproved shall not be deemed appointed to such
term under that clause.
``(E) Upon the expiration of the term, including any service after
such expiration under subparagraph (B), of a member of the Board (other
than the Chairman) who was a career or career-conditional employee in
the service before commencement of the term, the member shall revert to
the civil service grade and series held by the member immediately
before the appointment of the member to the Board.
``(F)(i) Reversion of a member of the Board under subparagraph (E)
shall not affect the taking against the member of an action referred to
in clause (ii) if the action was initiated before the expiration of the
term of the member.
``(ii) Clause (i) refers to the following actions:
``(I) Removal of a member of the Board.
``(II) Suspension of a member.
``(III) Reduction in grade of a member.
``(IV) Reduction in pay of a member.
``(V) Furlough of a member for 30 days or less.
``(VI) A reduction-in-force under section 3502 of title 5.
``(VII) An action initiated under section 1215 of title
5.''.
(c) Criteria for Reappointment of Board Members.--(1) The Secretary
of Veterans Affairs shall prescribe criteria applicable to the
appointment of members of the Board of Veterans' Appeals to a term on
the Board under section 7101(b)(3) of title 38, United States Code.
(2) The criteria prescribed under paragraph (1) shall not apply to
the Chairman of the Board.
(3)(A) The criteria prescribed under paragraph (1) shall take into
consideration the timeliness of a member of the Board, the case
management of a member, the extent to which substantive errors appear
in the decisions of the Board issued by the member, and the conduct of
a member as a member of the Board.
(B) Such criteria shall not provide for an evaluation of a member
of the Board in accordance with the granting or denying of appeals by
the member.
(d) Applicability.--Subparagraph (B) of section 7101(b)(2) of title
38, United States Code, as amended by subsection (b), shall apply to
members of the Board of Veterans' Appeals appointed under section
201(d) of the Veterans' Judicial Review Act (division A of Public Law
100-687; 38 U.S.C. 7101 note).
SEC. 5. BOARD MEMBERS HOLDING APPOINTMENTS IN THE SENIOR EXECUTIVE
SERVICE.
Notwithstanding any other provision of law, any member of the Board
of Veterans' Appeals who, on the date of the enactment of this Act, is
a member of the Senior Executive Service shall--
(1) continue as a member of the Senior Executive Service
while serving as a member of the Board; and
(2) during the term of office of the member under section
7101(b) of title 38, United States Code, receive the pay,
leave, and other benefits (including benefits relating to
reassignment) to which members of the Senior Executive Service
are entitled. | Veterans Law Judge Act of 1994 - Redesignates the Chairman and other members of the Board of Veterans Appeals (other than temporary members) as veterans law judges. Classifies the pay rate for veterans law judges as that of administrative law judges.
Authorizes the Chairman of the Board or other Board members to continue to serve in such positions, upon approval of the Secretary of Veterans Affairs, after the expiration of their terms. Requires the Secretary to notify Board members at least 120 days in advance of a decision not to recommend such member for appointment to an additional term. Allows the opportunity for a hearing on such decision. Allows the President to disapprove the appointment of a Board member to an additional term. Provides for reversion to the civil grades and series held by Board members prior to their appointment upon the expiration of their terms of appointment.
Directs the Secretary to prescribe criteria for Board member reappointment. Allows current Board members in the Senior Executive Service to continue to be paid at that rate. | {"src": "billsum_train", "title": "Veterans Law Judge Act of 1994"} | 1,980 | 215 | 0.576843 | 1.59988 | 0.787052 | 2.323077 | 9.369231 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Informed Taxpayers' Federal
Government Annual Reporting Act of 2010''.
SEC. 2. ANNUAL FEDERAL GOVERNMENT FINANCIAL INFORMATION INCLUDED IN
FORM 1040 INSTRUCTIONS.
(a) In General.--The Secretary of the Treasury shall prepare the
report described in subsection (b) for each fiscal year and include
such report in any published instructions for filling out the return of
tax imposed on individuals by chapter 1 of the Internal Revenue Code of
1986 for the taxable years beginning during the fiscal year to which
the report relates.
(b) Report.--
(1) In general.--The report described in this subsection
shall contain the following:
(A) A division containing the summary described in
paragraph (2), entitled ``Current Federal Government
Finances''.
(B) A division containing the summary described in
paragraph (4), entitled ``Federal Government Finances &
You''.
(C) A division containing the summary described in
paragraph (3), entitled ``Projected Federal Government
Finances''.
(2) Current federal government finances.--The summary
described in this paragraph shall contain the following
information:
(A) For the fiscal year and the preceding fiscal
year--
(i) the total amount of revenues received
by the Federal Government,
(ii) the total amount of Federal Government
outlays,
(iii) the amount of any Federal budget
deficit or surplus, and
(iv) the total gross Federal debt.
(B) The amount of any difference between the
Federal budget deficit or surplus for the fiscal year
and for the preceding fiscal year.
(3) Federal government finances & you.--The summary
described in this paragraph shall contain the following
information:
(A) The estimated total number of income tax filers
and nonfilers among United States households.
(B) The estimated total number of filers who have
an income tax liability greater than zero for the
current taxable year.
(C) The amount of the total gross Federal debt of
the United States Government for the fiscal year per
individual described in subparagraph (B).
(D) The difference between the total gross Federal
debt of the United States Government per individual
described in subparagraph (B) for the fiscal year and
for the preceding fiscal year.
(4) Projected federal government finances.--
(A) In general.--The summary described in this
paragraph shall contain the following information:
(i) An estimate of the amount of revenues
to be received by the Federal Government,
Federal Government outlays, and Federal budget
deficits or surpluses for the succeeding fiscal
year and for each of the next 10 fiscal years.
(ii) The aggregate of such revenues and of
such outlays, and the net of such deficits and
surpluses, for all such fiscal years.
(iii) An estimate of the average total
amount of the total gross Federal debt of the
United States Government for the succeeding
fiscal year and each of the next 10 fiscal
years.
(B) Based on cbo estimates.--The summary described
in subparagraph (A) shall be based on the baseline and
estimates supplied by the Congressional Budget Office,
consistent with Section 257 of the Balance Budget and
Emergency Deficit Control Act of 1985, included in the
most recent Budget and Economic Outlook Report or
Update or any successor document prepared by the
Congressional Budget Office.
(c) Other Requirements.--The report required under this section
shall be written in a manner calculated to be understood by the average
person and shall be prominently displayed--
(1) near the beginning of any published instructions for
filling out the return of tax imposed on individuals by chapter
1 of the Internal Revenue Code of 1986, and
(2) on the homepage of the Internal Revenue Service Web
site. | Informed Taxpayers' Federal Government Annual Reporting Act of 2010 - Directs the Secretary of the Treasury to prepare for each fiscal year and include in any published instructions for filling out a federal income tax return and on the homepage of the Internal Revenue Service (IRS) website a three-part report containing: (1) federal revenues, outlays, the budget deficit or surplus, and total gross federal debt for the fiscal year and the preceding fiscal year; (2) the number of income tax filers and nonfilers among U.S. households, the number of filers who have an income tax liability greater than zero for the current taxable year, the amount of the total gross federal debt for the fiscal year per such filer, and the difference between the debt per filer for the fiscal year and the preceding fiscal year; and (3) estimates, for the succeeding fiscal year and each of the next 10 fiscal years, of the federal revenues, outlays, and budget deficits or surpluses, the aggregate of such revenues and outlays and the net of such deficits and surpluses, and the average total amount of the total gross federal debt. | {"src": "billsum_train", "title": "To require the Internal Revenue Service to include in the Form 1040 instruction booklet information relating to Federal Government revenues, spending, and public debt."} | 825 | 243 | 0.741371 | 1.973538 | 0.837906 | 4.44186 | 3.651163 | 0.944186 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nationally Enhancing the Wellbeing
of Babies through Outreach and Research Now Act'' or the ``NEWBORN
Act''.
SEC. 2. INFANT MORTALITY PILOT PROGRAMS.
Section 330H of the Public Health Service Act (42 U.S.C. 254c-8) is
amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by inserting after subsection (d) the following:
``(e) Infant Mortality Pilot Programs.--
``(1) In general.--The Secretary, acting through the
Administrator, shall award grants to eligible entities to
create, implement, and oversee infant mortality pilot programs.
``(2) Period of a grant.--The period of a grant under this
subsection shall be 5 consecutive fiscal years.
``(3) Preference.--In awarding grants under this
subsection, the Secretary shall give preference to eligible
entities proposing to serve any of the 15 counties or groups of
counties with the highest rates of infant mortality in the
United States in the past 3 years.
``(4) Use of funds.--Any infant mortality pilot program
funded under this subsection may--
``(A) include the development of a plan that
identifies the individual needs of each community to be
served and strategies to address those needs;
``(B) provide outreach to at-risk mothers through
programs deemed appropriate by the Administrator;
``(C) develop and implement standardized systems
for improved access, utilization, and quality of
social, educational, and clinical services to promote
healthy pregnancies, full-term births, and healthy
infancies delivered to women and their infants, such
as--
``(i) counseling on infant care, feeding,
and parenting;
``(ii) postpartum care;
``(iii) prevention of premature delivery;
and
``(iv) additional counseling for at-risk
mothers, including smoking cessation programs,
drug treatment programs, alcohol treatment
programs, nutrition and physical activity
programs, postpartum depression and domestic
violence programs, social and psychological
services, dental care, and parenting programs;
``(D) establish a rural outreach program to provide
care to at-risk mothers in rural areas;
``(E) establish a regional public education
campaign, including a campaign to--
``(i) prevent preterm births; and
``(ii) educate the public about infant
mortality;
``(F) provide for any other activities, programs,
or strategies as identified by the community plan; and
``(G) coordinate efforts between--
``(i) the health department of each county
or other eligible entity to be served through
the infant mortality pilot program; and
``(ii) existing entities that work to
reduce the rate of infant mortality within the
area of any such county or other eligible
entity.
``(5) Limitation.--Of the funds received through a grant
under this subsection for a fiscal year, an eligible entity
shall not use more than 10 percent for program evaluation.
``(6) Reports on pilot programs.--
``(A) In general.--Not later than 1 year after
receiving a grant, and annually thereafter for the
duration of the grant period, each entity that receives
a grant under paragraph (1) shall submit a report to
the Secretary detailing its infant mortality pilot
program.
``(B) Contents of report.--The reports required
under subparagraph (A) shall include information such
as the methodology of, and outcomes and statistics
from, the grantee's infant mortality pilot program.
``(C) Evaluation.--The Secretary shall use the
reports required under subparagraph (A) to evaluate,
and conduct statistical research on, infant mortality
pilot programs funded through this subsection.
``(7) Definitions.--For the purposes of this subsection:
``(A) Administrator.--The term `Administrator'
means the Administrator of the Health Resources and
Services Administration.
``(B) Eligible entity.--The term `eligible entity'
means a county, city, territorial, or tribal health
department that has submitted a proposal to the
Secretary that the Secretary deems likely to reduce
infant mortality rates within the standard metropolitan
statistical area involved.
``(C) Tribal.--The term `tribal' refers to an
Indian tribe, a Tribal organization, or an Urban Indian
organization, as such terms are defined in section 4 of
the Indian Health Care Improvement Act.''; and
(3) by amending subsection (f), as so redesignated--
(A) in paragraph (1)--
(i) by amending the paragraph heading to
read: ``Healthy start initiative''; and
(ii) by inserting after ``carrying out this
section'' the following: ``(other than
subsection (e))'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Infant mortality pilot programs.--There is authorized
to be appropriated $10,000,000 for each of fiscal years 2012
through 2016 to carry out subsection (e). Amounts authorized by
this paragraph to be appropriated to carry out subsection (e)
are in addition to amounts authorized by paragraph (1) to be
appropriated to carry out the Healthy Start Initiative under
subsection (a).''; and
(D) in paragraph (3)(A), as so redesignated, by
striking ``the program under this section'' and
inserting ``the program under subsection (a)''. | Nationally Enhancing the Wellbeing of Babies through Outreach and Research Now Act or the NEWBORN Act - Requires the Secretary of Health and Human Services (HHS), acting through the Administrator of the Health Resources and Services Administration, to award five-year grants to eligible entities to create, implement, and oversee infant mortality pilot programs. Defines "eligible entity" to mean a county, city, territorial, or tribal health department that has submitted a proposal to the Secretary that the Secretary deems likely to reduce infant mortality rates within the standard metropolitan statistical area involved.
Requires the Secretary to give preference to eligible entities proposing to serve any of the 15 counties or groups of counties with the highest rates of infant mortality in the United States in the past three years. Sets forth uses of grant funds, which may include: (1) developing a plan that identifies the individual needs of each community to be served and strategies to address those needs; (2) providing outreach to at-risk mothers; (3) developing and implementing standardized systems for improved access, utilization, and quality of social, educational, and clinical services to promote healthy pregnancies, full-term births, and healthy infancies delivered to women and their infants; (4) establishing a rural outreach program to provide care to at-risk mothers in rural areas; (5) establishing a regional public education campaign; and (6) coordinating efforts between health departments to be served through the infant mortality program and existing entities that work to reduce the rate of infant mortality within an area. | {"src": "billsum_train", "title": "To authorize funding for the creation and implementation of infant mortality pilot programs in standard metropolitan statistical areas with high rates of infant mortality, and for other purposes."} | 1,218 | 329 | 0.720985 | 1.966612 | 0.89605 | 5.788591 | 3.899329 | 0.922819 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Investment in Housing Act of
2015''.
SEC. 2. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR ENERGY AND WATER
CONSERVATION IMPROVEMENTS AT MULTIFAMILY RESIDENTIAL
UNITS.
(a) Establishment.--The Secretary of Housing and Urban Development
(in this section referred to as the ``Secretary'') shall establish a
demonstration program under which the Secretary may execute budget-
neutral, performance-based agreements in fiscal years 2016 through 2019
that result in a reduction in energy or water costs with such entities
as the Secretary determines to be appropriate under which the entities
shall carry out projects for energy or water conservation improvements
at not more than 20,000 residential units in multifamily buildings
participating in--
(1) the project-based rental assistance program under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), other than assistance provided under section 8(o) of
that Act;
(2) the supportive housing for the elderly program under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or
(3) the supportive housing for persons with disabilities
program under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2)).
(b) Requirements.--
(1) Payments contingent on savings.--
(A) In general.--The Secretary shall provide to an
entity a payment under an agreement under this section
only during applicable years for which an energy or
water cost savings is achieved with respect to the
applicable multifamily portfolio of properties, as
determined by the Secretary, in accordance with
subparagraph (B).
(B) Payment methodology.--
(i) In general.--Each agreement under this
section shall include a pay-for-success
provision that--
(I) shall serve as a payment
threshold for the term of the
agreement; and
(II) requires that payments shall
be contingent on realized cost savings
associated with reduced utility
consumption in the participating
properties.
(ii) Limitations.--A payment made by the
Secretary under an agreement under this
section--
(I) shall be contingent on
documented utility savings; and
(II) shall not exceed the utility
savings achieved by the date of the
payment, and not previously paid, as a
result of the improvements made under
the agreement.
(C) Third-party verification.--Savings payments
made by the Secretary under this section shall be based
on a measurement and verification protocol that
includes at least--
(i) establishment of a weather-normalized
and occupancy-normalized utility consumption
baseline established pre-retrofit;
(ii) annual third-party confirmation of
actual utility consumption and cost for
utilities;
(iii) annual third-party validation of the
tenant utility allowances in effect during the
applicable year and vacancy rates for each unit
type; and
(iv) annual third-party determination of
savings to the Secretary.
An agreement under this section with an entity shall
provide that the entity shall cover costs associated
with third-party verification under this subparagraph.
(2) Terms of performance-based agreements.--A performance-
based agreement under this section shall include--
(A) the period that the agreement will be in effect
and during which payments may be made, which may not be
longer than 12 years;
(B) the performance measures that will serve as
payment thresholds during the term of the agreement;
(C) an audit protocol for the properties covered by
the agreement;
(D) a requirement that payments shall be contingent
on realized cost savings associated with reduced
utility consumption in the participating properties;
and
(E) such other requirements and terms as determined
to be appropriate by the Secretary.
(3) Entity eligibility.--The Secretary shall--
(A) establish a competitive process for entering
into agreements under this section; and
(B) enter into such agreements only with entities
that, either jointly or individually, demonstrate
significant experience relating to--
(i) financing or operating properties
receiving assistance under a program identified
in subsection (a);
(ii) oversight of energy or water
conservation programs, including oversight of
contractors; and
(iii) raising capital for energy or water
conservation improvements from charitable
organizations or private investors.
(4) Geographical diversity.--Each agreement entered into
under this section shall provide for the inclusion of
properties with the greatest feasible regional and State
variance.
(5) Properties.--A property may only be included in the
demonstration under this section only if the property is
subject to affordability restrictions for at least 15 years
after the date of the completion of any conservation
improvements made to the property under the demonstration
program. Such restrictions may be made through an extended
affordability agreement for the property under a new housing
assistance payments contract with the Secretary of Housing and
Urban Development or through an enforceable covenant with the
owner of the property.
(c) Plan and Reports.--
(1) Plan.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Appropriations and Financial Services of the
House of Representatives and the Committees on Appropriations
and Banking, Housing, and Urban Affairs of the Senate a
detailed plan for the implementation of this section.
(2) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall--
(A) conduct an evaluation of the program under this
section; and
(B) submit to Congress a report describing each
evaluation conducted under subparagraph (A).
(d) Funding.--For each fiscal year during which an agreement under
this section is in effect, the Secretary may use to carry out this
section any funds appropriated to the Secretary for the renewal of
contracts under a program described in subsection (a).
Passed the House of Representatives July 14, 2015.
Attest:
KAREN L. HAAS,
Clerk. | . Private Investment in Housing Act of 2015 (Sec. 2) Directs the Department of Housing and Urban Development (HUD) to establish a demonstration program under which, in FY2016 through FY2019, HUD may execute budget-neutral, performance-based agreements (for up to 12 years each) that result in a reduction in energy or water costs with appropriate entities to carry out projects for energy or water conservation improvements at up to 20,000 residential units in multifamily buildings participating in: Section 8 project-based rental assistance programs under the United States Housing Act of 1937, other than Section 8 (voucher program) assistance; supportive housing for the elderly programs under the Housing Act of 1959; or supportive housing for persons with disabilities programs under the Cranston-Gonzalez National Affordable Housing Act. Specifies requirements for payment under an agreement, which shall be contingent on documented utility savings, as well as for agreement terms, eligibility, geographical diversity, and funding for the program. Limits this demonstration program to properties subject to affordability restrictions, which may be through an affordability agreement under a new housing assistance payments contract with HUD, or through an enforceable covenant with the property owner, for at least 15 years after completion of any conservation improvements made under the program. Requires HUD to submit to specified congressional committees a detailed plan for the implementation of this Act. Authorizes HUD, for each fiscal year during which an agreement is in effect, to use any HUD appropriated funds for the renewal of contracts under the program. | {"src": "billsum_train", "title": "Private Investment in Housing Act of 2015"} | 1,306 | 323 | 0.695125 | 2.139926 | 0.840542 | 3.377163 | 4.224913 | 0.913495 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Elder Care Relief and
Empowerment (SECURE) Act''.
SEC. 2. CREDIT FOR ELDER CARE.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25B the following new section:
``SEC. 25C. ELDER CARE EXPENSES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter 50
percent of so much of the qualified elder care expenses paid or
incurred by the taxpayer with respect to each qualified senior citizen
as exceeds $1,000.
``(b) Qualified Senior Citizen.--For purposes of this section, the
term `qualified senior citizen' means an individual--
``(1) who has attained normal retirement age (as determined
under section 216 of the Social Security Act) before the close
of the taxable year,
``(2) who is a chronically ill individual (within the
meaning of section 7702B(c)(2)(B)), and
``(3) who is--
``(A) the taxpayer,
``(B) a family member (within the meaning of
section 529(e)(2)) of the taxpayer, or
``(C) a dependent (within the meaning of section
152) of the taxpayer.
``(c) Qualified Elder Care Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified elder care expenses'
means expenses paid or incurred by the taxpayer with respect to
the qualified senior citizen for--
``(A) qualified long-term care services (as defined
in section 7702B(c)),
``(B) respite care, or
``(C) adult day care.
``(2) Exceptions.--The term `qualified elder care expenses'
does not include--
``(A) any expense to the extent such expense is
compensated for by insurance or otherwise, and
``(B) any expense paid to a nursing facility (as
defined in section 1919 of the Social Security Act).
``(d) Other Definitions and Special Rules.--
``(1) Adult day care.--The term `adult day care' means care
provided for a qualified senior citizen through a structured,
community-based group program which provides health, social,
and other related support services on a less than 16-hour per
day basis.
``(2) Respite care.--The term `respite care' means planned
or emergency care provided to a qualified senior citizen in
order to provide temporary relief to a caregiver of such senior
citizen.
``(3) Married individuals.--Rules similar to the rules of
paragraphs (2), (3), and (4) of section 21(e) shall apply for
purposes of this section.
``(4) No double benefit.--No deduction or other credit
under this chapter shall take into account any expense taken
into account for purposes of determining the credit under this
section.
``(5) Identifying information required with respect to
service provider.--No credit shall be allowed under subsection
(a) for any amount paid to any person unless--
``(A) the name, address, and taxpayer
identification number of such person are included on
the return claiming the credit, or
``(B) if such person is an organization described
in section 501(c)(3) and exempt from tax under section
501(a), the name and address of such person are
included on the return claiming the credit.
In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall not
apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information so required.
``(6) Identifying information required with respect to
qualified senior citizens.--No credit shall be allowed under
this section with respect to any qualified senior citizen
unless the TIN of such senior citizen is included on the return
claiming the credit.''.
(b) Conforming Amendments.--
(1) Section 6213(g)(2)(H) (relating to mathematical or
clerical error) is amended by inserting ``, section 25C
(relating to elder care expenses),'' after ``employment)''.
(2) The table of sections for subpart A 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 25B
the following new item:
``Sec. 25C. Elder care expenses.''.
(c) Effective Date.--The amendments made by this section shall
apply to expenses incurred in taxable years beginning after December
31, 2003. | Senior Elder Care Relief and Empowerment (SECURE) Act - Amends the Internal Revenue Code to allow a nonrefundable income tax credit for 50 percent of expenses exceeding $1,000 that are incurred for the care of chronically ill individuals who have attained normal retirement age (as determined under the Social Security Act). Allows the credit for certain long-term care services, respite care, or adult day care, but disqualifies expenses that are compensated by insurance or paid to a nursing facility. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a nonrefundable tax credit for elder care expenses."} | 1,089 | 111 | 0.562951 | 1.34018 | 1.273634 | 2.967033 | 10.736264 | 0.879121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``More Border Patrol Agents Now Act of
2006''.
SEC. 2. BORDER PATROL AGENT ENHANCEMENT.
(a) Plan.--In order to address the recruitment and retention
challenges faced by the United States Border Patrol, the Secretary of
Homeland Security shall, not later than six months after the date of
the enactment of this Act, submit to the Committee on Homeland Security
and the Committee on Government Reform of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a plan to determine how the Border Patrol can better recruit and
retain Border Patrol agents with the appropriate skills and training to
effectively carry out its mission and responsibilities.
(b) Contents.--The plan shall include, at a minimum, the following
components:
(1) A strategy for the utilization of the recruitment
authority provided in subsection (a) of section 9702 of title
5, United States Code (as added by section 3), as well as any
other strategies the Secretary determines to be important in
recruiting well-qualified Border Patrol agents.
(2) A strategy for the utilization of the retention
authority provided in subsection (b) of section 9702 of title
5, United States Code (as added by section 3), as well as any
other strategies the Secretary determines to be important in
retaining well-qualified Border Patrol agents.
(3) An assessment of the impact that current pay levels for
Border Patrol agents has on the Department's ability to recruit
and retain Border Patrol agents, especially in high cost-of-
living areas.
(4) An assessment of whether increased opportunities for
Border Patrol agents to transfer between duty stations would
improve employee morale and enhance the Department's ability to
recruit and retain well-qualified Border Patrol agents.
SEC. 3. RECRUITMENT AND RETENTION BONUSES FOR BORDER PATROL AGENT
ENHANCEMENT.
(a) In General.--Chapter 97 of title 5, United States Code, is
amended by adding at the end the following new section:
``Sec. 9702. Border Patrol agent enhancement
``(a) Recruitment Bonuses for Border Patrol Agents.--
``(1) In general.--In order to carry out the plan described
in section 2(a) of the More Border Patrol Agents Now Act of
2006, the Secretary of Homeland Security may pay a bonus to an
individual to recruit a sufficient number of Border Patrol
agents.
``(2) Bonus amount.--
``(A) In general.--The amount of a bonus under this
subsection shall be determined by the Secretary, but
may not exceed 25 percent of the annual rate of basic
pay of the position involved as of the beginning of the
period of service referred to in paragraph (3)(A).
``(B) Lump-sum.--A bonus under this subsection
shall be paid in the form of a lump-sum payment and
shall not be considered to be part of basic pay.
``(3) Service agreements.--Payment of a bonus under this
section shall be contingent upon the individual entering into a
written service agreement with the United States Border Patrol.
The agreement shall include--
``(A) the period of service the individual shall be
required to complete in return for the bonus; and
``(B) the conditions under which the agreement may
be terminated before the agreed-upon service period has
been completed, and the effect of such termination.
``(4) Limitation on eligibility.--A bonus under this
section may not be paid to recruit an individual for--
``(A) a position to which an individual is
appointed by the President, by and with the advice and
consent of the Senate;
``(B) a position in the Senior Executive Service as
a noncareer appointee (as defined in section 3132(a));
or
``(C) a position which has been excepted from the
competitive service by reason of its confidential,
policy-determining, policy-making, or policy-advocating
character.
``(5) Termination.--The authority to pay bonuses under this
subsection shall terminate five years after the date of the
enactment of this section.
``(b) Retention Bonuses for Border Patrol Agents.--
``(1) In general.--In order to carry out the plan described
in section 2(a) of the More Border Patrol Agents Now Act of
2006, the Secretary of Homeland Security may pay a retention
bonus to a Border Patrol agent.
``(2) Service agreement.--Payment of a bonus under this
subsection is contingent upon the employee entering into a
written service agreement with the United States Border Patrol
to complete a period of service with the Border Patrol. Such
agreement shall include--
``(A) the period of service the employee shall be
required to complete in return for the bonus; and
``(B) the conditions under which the agreement may
be terminated before the agreed-upon service period has
been completed, and the effect of such termination.
``(3) Bonus amount.--
``(A) In general.--The amount of a bonus under this
subsection shall be determined by the Secretary, but
may not exceed 25 percent of the annual rate of basic
pay of the position involved as of the beginning of the
period of service referred to in paragraph (2)(A).
``(B) Lump-sum.--A bonus under this subsection
shall be paid in the form of a lump-sum payment and
shall not be considered to be part of basic pay.
``(4) Limitation.--A bonus under this subsection may not be
based on any period of service which is the basis for a
recruitment bonus under subsection (a).
``(5) Termination of authority.--The authority to grant
bonuses under this subsection shall expire five years after the
date of the enactment of this section.
``(c) Waiver Authority Relating to Reemployed Annuitants.--
``(1) In general.--In order to help address the challenges
faced by the United States Border Patrol, the Secretary of
Homeland Security may appoint annuitants to positions within
the United States Border Patrol in accordance with succeeding
provisions of this subsection.
``(2) Exclusion from offset.--An annuitant serving in a
position within the United States Border Patrol pursuant to an
appointment made under paragraph (1)--
``(A) shall not be subject to the provisions of
section 8344 or 8468, as the case may be; and
``(B) shall not, for purposes of subchapter III of
chapter 83 or chapter 84, be considered an employee.
``(3) Limitations.--
``(A) Appointments.--The authority to make any
appointments under paragraph (1) shall terminate five
years after the date of the enactment of this
subsection.
``(B) Exclusion.--The provisions of paragraph (2)
shall not, in the case of any annuitant appointed under
paragraph (1), remain in effect--
``(i) with respect to more than five years
of service (in the aggregate); nor
``(ii) with respect to any service
performed after the end of the ten-year period
beginning on the date of the enactment of this
subsection.
``(4) No displacement.--No appointment under this
subsection may be made if such appointment would result in the
displacement of any Border Patrol employee.
``(5) Definition.--For purposes of this subsection, the
term `annuitant' has the meaning given such term by section
8331 or 8401, as the case may be.''.
(b) Conforming Amendment.--The table of contents for chapter 97 of
title 5, United States Code, is amended by adding at the end the
following:
``9702. Border Patrol agent enhancement.''.
Passed the House of Representatives September 26, 2006.
Attest:
KAREN L. HAAS,
Clerk. | More Border Patrol Agents Now Act of 2006 - Directs the Secretary of Homeland Security to submit to the House Committees on Homeland Security and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs a plan to determine how the Border Patrol can better recruit and retain agents with the appropriate skills and training.
Requires such plan to include: (1) recruitment and retention strategies; and (2) assessments of the impact of pay levels and duty station transfer opportunities upon recruitment and retention.
Amends federal law to authorize the Secretary (for five years) to pay a: (1) bonus to an individual to recruit Border Patrol agents; and (2) retention bonus to Border Patrol agents.
States that such bonuses shall: (1) not exceed 25% of the annual rate of basic pay of the position involved; (2) be paid in a lump-sum and not be considered part of basic pay; and (3) be contingent upon the individual entering into a written service agreement with the Border Patrol.
Authorizes the Secretary (for five years) to appoint annuitants to Border Patrol positions. Excludes such positions from specified offsets. Prohibits appointments that would displace any Border Patrol employee. | {"src": "billsum_train", "title": "To recruit and retain Border Patrol agents."} | 1,730 | 244 | 0.661047 | 1.918148 | 0.804677 | 3.606838 | 6.931624 | 0.931624 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrated Public Alert and Warning
System Modernization Act of 2014''.
SEC. 2. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following:
``SEC. 526. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.
``(a) In General.--To provide timely and effective warnings
regarding natural disasters, acts of terrorism, and other man-made
disasters or threats to public safety, the Administrator shall--
``(1) modernize the integrated public alert and warning
system of the United States (in this section referred to as the
`public alert and warning system') to help ensure that under
all conditions the President and, except to the extent the
public alert and warning system is in use by the President,
Federal agencies and State, tribal, and local governments can
alert and warn the civilian population in areas endangered by
natural disasters, acts of terrorism, and other man-made
disasters or threats to public safety; and
``(2) implement the public alert and warning system to
disseminate timely and effective warnings and homeland security
information regarding natural disasters, acts of terrorism, and
other man-made disasters or threats to public safety.
``(b) Implementation Requirements.--In carrying out subsection (a),
the Administrator shall--
``(1) establish or adopt, as appropriate, common alerting
and warning protocols, standards, terminology, and operating
procedures for the public alert and warning system;
``(2) include in the public alert and warning system the
capability to adapt the distribution and content of
communications on the basis of geographic location, risks, and
multiple communication systems and technologies, as
appropriate;
``(3) include in the public alert and warning system the
capability to alert, warn, and provide equivalent information
to individuals with disabilities, individuals with access and
functional needs, and individuals with limited-English
proficiency, to the extent technically feasible;
``(4) ensure that training, tests, and exercises are
conducted for the public alert and warning system, including
by--
``(A) incorporating the public alert and warning
system into other training and exercise programs of the
Department, as appropriate;
``(B) establishing and integrating into the
National Incident Management System a comprehensive and
periodic training program to instruct and educate
Federal, State, tribal, and local government officials
in the use of the Common Alerting Protocol enabled
Emergency Alert System; and
``(C) conducting, not less than once every 3 years,
periodic nationwide tests of the public alert and
warning system;
``(5) to the extent practicable, ensure that the public
alert and warning system is resilient and secure and can
withstand acts of terrorism and other external attacks;
``(6) conduct public education efforts so that State,
tribal, and local governments, private entities, and the people
of the United States reasonably understand the functions of the
public alert and warning system and how to access, use, and
respond to information from the public alert and warning system
through a general market awareness campaign;
``(7) consult, coordinate, and cooperate with the
appropriate private sector entities and Federal, State, tribal,
and local governmental authorities, including the Regional
Administrators and emergency response providers; and
``(8) coordinate with and consider the recommendations of
the Integrated Public Alert and Warning System Subcommittee
established under section 2(b) of the Integrated Public Alert
and Warning System Modernization Act of 2014.
``(c) System Requirements.--The public alert and warning system
shall--
``(1) to the extent determined appropriate by the
Administrator, incorporate multiple communications
technologies;
``(2) be designed to adapt to, and incorporate, future
technologies for communicating directly with the public;
``(3) to the extent technically feasible, be designed--
``(A) to provide alerts to the largest portion of
the affected population feasible, including nonresident
visitors and tourists, individuals with disabilities,
individuals with access and functional needs, and
individuals with limited-English proficiency; and
``(B) to improve the ability of remote areas to
receive alerts;
``(4) promote local and regional public and private
partnerships to enhance community preparedness and response;
``(5) provide redundant alert mechanisms where practicable
so as to reach the greatest number of people; and
``(6) to the extent feasible, include a mechanism to ensure
the protection of individual privacy.
``(d) Use of System.--
``(1) Limitation.--Except to the extent necessary for
testing the public alert and warning system, the public alert
and warning system shall not be used to transmit a message that
does not relate to a natural disaster, act of terrorism, or
other man-made disaster or threat to public safety.
``(2) Consumer opt-out.--Nothing in this section shall be
construed to supersede section 602 of the SAFE Port Act (47
U.S.C. 1201).
``(e) Performance Reports.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Integrated Public Alert and Warning System
Modernization Act of 2014, and annually thereafter through
2017, the Administrator shall make available on the public
website of the Agency a performance report, which shall--
``(A) establish performance goals for the
implementation of the public alert and warning system
by the Agency;
``(B) describe the performance of the public alert
and warning system, including--
``(i) the type of technology used for
alerts and warnings issued under the system;
``(ii) the measures taken to alert, warn,
and provide equivalent information to
individuals with disabilities, individuals with
access and function needs, and individuals with
limited-English proficiency; and
``(iii) the training, tests, and exercises
performed and the outcomes obtained by the
Agency;
``(C) identify significant challenges to the
effective operation of the public alert and warning
system and any plans to address these challenges;
``(D) identify other necessary improvements to the
system; and
``(E) provide an analysis comparing the performance
of the public alert and warning system with the
performance goals established under subparagraph (A).
``(2) Congress.--The Administrator shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Homeland Security of the House of
Representatives each report required under paragraph (1).''.
(b) Integrated Public Alert and Warning System Subcommittee.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Administrator of the Federal
Emergency Management Agency (in this subsection referred to as
the ``Administrator'') shall establish a subcommittee to the
National Advisory Council established under section 508 of the
Homeland Security Act of 2002 (6 U.S.C. 318) to be known as the
Integrated Public Alert and Warning System Subcommittee (in
this subsection referred to as the ``Subcommittee'').
(2) Membership.--Notwithstanding section 508(c) of the
Homeland Security Act of 2002 (6 U.S.C. 318(c)), the
Subcommittee shall be composed of the following members (or
their designees):
(A) The Deputy Administrator for Protection and
National Preparedness of the Federal Emergency
Management Agency.
(B) The Chairman of the Federal Communications
Commission.
(C) The Administrator of the National Oceanic and
Atmospheric Administration of the Department of
Commerce.
(D) The Assistant Secretary for Communications and
Information of the Department of Commerce.
(E) The Under Secretary for Science and Technology
of the Department of Homeland Security.
(F) The Under Secretary for the National Protection
and Programs Directorate.
(G) The Director of Disability Integration and
Coordination of the Federal Emergency Management
Agency.
(H) The Chairperson of the National Council on
Disability.
(I) Qualified individuals appointed by the
Administrator as soon as practicable after the date of
enactment of this Act from among the following:
(i) Representatives of State and local
governments, representatives of emergency
management agencies, and representatives of
emergency response providers.
(ii) Representatives from federally
recognized Indian tribes and national Indian
organizations.
(iii) Individuals who have the requisite
technical knowledge and expertise to serve on
the Subcommittee, including representatives
of--
(I) communications service
providers;
(II) vendors, developers, and
manufacturers of systems, facilities,
equipment, and capabilities for the
provision of communications services;
(III) third-party service bureaus;
(IV) the broadcasting industry;
(V) the cellular industry;
(VI) the cable industry;
(VII) the satellite industry;
(VIII) national organizations
representing individuals with
disabilities, the blind, deaf, and
hearing-loss communities, individuals
with access and functional needs, and
the elderly;
(IX) consumer or privacy advocates;
and
(X) organizations representing
individuals with limited-English
proficiency.
(iv) Qualified representatives of such
other stakeholders and interested and affected
parties as the Administrator considers
appropriate.
(3) Chairperson.--The Deputy Administrator for Protection
and National Preparedness of the Federal Emergency Management
Agency shall serve as the Chairperson of the Subcommittee.
(4) Meetings.--
(A) Initial meeting.--The initial meeting of the
Subcommittee shall take place not later than 120 days
after the date of enactment of this Act.
(B) Other meetings.--After the initial meeting, the
Subcommittee shall meet, at least annually, at the call
of the Chairperson.
(5) Consultation with nonmembers.--The Subcommittee and the
program offices for the integrated public alert and warning
system for the United States shall consult with individuals and
entities that are not represented on the Subcommittee to
consider new and developing technologies that may be beneficial
to the public alert and warning system, including--
(A) the Defense Advanced Research Projects Agency;
(B) entities engaged in federally funded research;
and
(C) academic institutions engaged in relevant work
and research.
(6) Recommendations.--The Subcommittee shall--
(A) develop recommendations for an integrated
public alert and warning system; and
(B) in developing the recommendations under
subparagraph (A), consider--
(i) recommendations for common alerting and
warning protocols, standards, terminology, and
operating procedures for the public alert and
warning system; and
(ii) recommendations to provide for a
public alert and warning system that--
(I) has the capability to adapt the
distribution and content of
communications on the basis of
geographic location, risks, or personal
user preferences, as appropriate;
(II) has the capability to alert
and warn individuals with disabilities
and individuals with limited-English
proficiency;
(III) to the extent appropriate,
incorporates multiple communications
technologies;
(IV) is designed to adapt to, and
incorporate, future technologies for
communicating directly with the public;
(V) is designed to provide alerts
to the largest portion of the affected
population feasible, including
nonresident visitors and tourists, and
improve the ability of remote areas to
receive alerts;
(VI) promotes local and regional
public and private partnerships to
enhance community preparedness and
response; and
(VII) provides redundant alert
mechanisms, if practicable, to reach
the greatest number of people
regardless of whether they have access
to, or use, any specific medium of
communication or any particular device.
(7) Report.--
(A) Subcommittee submission.--Not later than 1 year
after the date of enactment of this Act, the
Subcommittee shall submit to the National Advisory
Council a report containing any recommendations
required to be developed under paragraph (6) for
approval by the National Advisory Council.
(B) Submission by national advisory council.--If
the National Advisory Council approves the
recommendations contained in the report submitted under
subparagraph (A), the National Advisory Council shall
submit the report to--
(i) the head of each agency represented on
the Subcommittee;
(ii) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(iii) the Committee on Homeland Security
and the Committee on Transportation and
Infrastructure of the House of Representatives.
(8) Termination.--The Subcommittee shall terminate not
later than 3 years after the date of enactment of this Act.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act and the amendments made by this Act
such sums as may be necessary for each of fiscal years 2015, 2016, and
2017.
(d) Effect on Obligations.--Nothing in this section shall be
construed to affect any existing obligations of the Federal
Communications Commission, the Department of Commerce, or any
nongovernmental entity. | Integrated Public Alert and Warning System Modernization Act of 2014 - Amends the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) modernize the integrated U.S. public alert and warning system to help ensure that under all conditions the President, federal agencies, and state, tribal, and local governments can alert and warn the civilian population in areas endangered by natural disasters, acts of terrorism, and other man-made disasters or threats to public safety; and (2) implement such system to disseminate timely and effective warnings and homeland security information. Directs the Administrator to: (1) establish common alerting and warning protocols, standards, terminology, and operating procedures for the system; (2) include in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, and multiple communication technologies and to alert, warn, and provide equivalent information to individuals with disabilities, access and functional needs, or limited English proficiency; (3) ensure that specified training, tests, and exercises for such system are conducted and that the system is resilient, secure, and can withstand external attacks; and (4) conduct public education efforts and a general market awareness campaign about the system. Requires the system to: (1) be designed to adapt to and incorporate future technologies for communicating directly with the public, provide alerts to the largest portion of the affected population feasible, and improve the ability of remote areas to receive alerts; (2) promote local and regional public and private partnerships to enhance community preparedness and response; (3) provide redundant alert mechanisms; and (4) protect individual privacy. Directs the Administrator to establish the Integrated Public Alert and Warning System Subcommittee to develop and submit recommendations for an integrated public alert and warning system to the National Advisory Council, which shall report the recommendations it approves to agencies represented on the Subcommittee and to specified congressional committees. | {"src": "billsum_train", "title": "Integrated Public Alert and Warning System Modernization Act of 2014"} | 2,849 | 403 | 0.794281 | 2.457571 | 0.850819 | 5.037135 | 7.225464 | 0.962865 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydropower Renewable Energy
Development Act of 2011''.
SEC. 2. HYDROELECTRIC ENERGY TREATED AS RENEWABLE ENERGY.
Notwithstanding any other provision of law or regulation, for
purposes of any Federal program or standard, the term ``renewable
energy'' shall include hydroelectric energy generated in the United
States by a hydroelectric facility, including electric power produced
by efficiency improvements and capacity additions, generation added to
nonpower dams, conduits, marine and hydrokinetic resources, lake taps,
pumped storage facilities, and conventional hydropower.
SEC. 3. PRODUCTION TAX CREDIT FOR HYDROPOWER RESOURCES.
(a) In General.--Subparagraph (A) of section 45(c)(8) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of clause (i),
(2) by striking the period at the end of clause (ii) and
inserting ``, and'', and
(3) by adding at the end the following new clause:
``(iii) in the case of any hydropower
facility described in subparagraph (D), the
hydropower production from the facility for the
taxable year.''.
(b) Production.--Paragraph (8) of section 45(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(D) Other hydropower production facilities.--For
purposes of subparagraph (A), a facility is described
in this subparagraph if such facility--
``(i) is a hydroelectric dam or
nonhydroelectric dam--
``(I) which is placed in service
after the date of the enactment of the
Hydropower Renewable Energy Development
Act of 2011, and
``(II) which would be described in
subparagraph (A)(i) or (C) but for the
placed in service date,
``(ii) is a hydroelectric facility not
described in clause (i) which has a nameplate
capacity rating of less than 50 megawatts, or
``(iii) is not described in clause (i) or
(ii) and generates energy through the use of a
lake tap or pumped storage.''.
(c) Qualified Facilities.--Paragraph (9) of section 45(d) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(9) Qualified hydropower facility.--
``(A) Incremental hydropower production.--In the
case of a facility described in subsection (c)(8),
without regard to subparagraph (C) or (D) thereof,
which produces incremental hydropower production, the
term `qualified facility' means such facility but only
to the extent of such incremental hydropower production
attributable to efficiency improvements or additions to
capacity described in subsection (c)(8)(B) placed in
service after August 8, 2005, and before January 1,
2014.
``(B) Production from certain nonhydroelectric
dams.--In the case of a facility described in
subsection (c)(8)(C) which produces qualified
hydropower production, the term `qualified facility'
means any such facility placed in service after August
8, 2005, and before January 1, 2014.
``(C) Production from other hydropower
facilities.--In the case of qualified hydropower
production at a facility after the date of the
enactment of the Hydropower Renewable Energy
Development Act of 2011, the term `qualified facility'
includes any such facility which is described in
subsection (c)(8)(D).
``(D) Credit period.--In the case of a qualified
facility described in subparagraph (A), the 10-year
period referred to in subsection (a) shall be treated
as beginning on the date the efficiency improvements or
additions to capacity are placed in service.''.
(d) Increase in Credit Rate.--Subparagraph (A) of section 45(b)(4)
of the Internal Revenue Code of 1986 is amended by striking ``(7), (9),
or (11)'' and inserting ``or (7)''.
(e) Effective Date.--The amendments made by this section shall
apply to electricity produced after the date of the enactment of this
Act.
SEC. 4. 5-YEAR ACCELERATED DEPRECIATION PERIOD FOR EQUIPMENT WHICH
PRODUCES ELECTRICITY FROM MARINE RENEWABLES AND
HYDROPOWER.
(a) In General.--Subclause (III) of section 168(e)(3)(B)(vi) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(III) is described in section
45(d)(11) (without regard to any placed
in service date) and converts marine
and hydrokinetic renewable energy (as
defined in section 45(c)(10)) into
useable energy,''.
(b) Conventional Hydropower.--Clause (vi) of section 168(e)(3)(B)
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new subclause:
``(IV) is described in section
45(d)(9) (without regard to any placed
in service date) and has qualified
hydropower production (as defined in
section 45(c)(8)), and''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Hydropower Renewable Energy Development Act of 2011 - Includes hydroelectric energy generated in the United States by a hydroelectric facility within the definition of "renewable energy" for purposes of any federal program or standard.
Amends the Internal Revenue Code to: (1) classify certain hydropower production facilities as renewable resources for purposes of the tax credit for producing electricity from renewable resources, (2) eliminate the one-half reduction in the tax credit rate for hydropower and marine and hydrokinetic renewable energy facilities, and (3) allow accelerated depreciation of equipment that produces electricity from marine and hydrokinetic renewable resources and from hydropower. | {"src": "billsum_train", "title": "A bill to extend certain Federal benefits and income tax provisions to energy generated by hydropower resources."} | 1,254 | 128 | 0.605069 | 1.475462 | 0.652232 | 2.634783 | 9.165217 | 0.878261 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canceling Loans to Allow School
Systems to Attract Classroom Teachers Act''.
SEC. 2. ADDITIONAL QUALIFIED LOAN AMOUNTS FOR STUDENT LOAN FORGIVENESS.
(a) 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 new paragraph:
``(3) Additional amounts; priority.--
``(A) Larger amounts from appropriated funds.--
Notwithstanding the amount specified in paragraph (1),
the aggregate amount that the Secretary may, from funds
appropriated under subparagraph (C), repay under this
section is a total amount equal to not more than
$17,500.
``(B) Award basis; priority.--The Secretary shall
make payments under this paragraph to elementary or
secondary school teachers who meet the requirements of
subsection (b) on a first-come first-served basis,
subject to the availability of appropriations, but
shall give priority in providing loan repayment under
this paragraph for a fiscal year to teachers who--
``(i)(I) are employed as special education
teachers whose primary responsibility is to
teach or support children with disabilities (as
defined in section 602 of the Individuals with
Disabilities Act); and
``(II) as certified by the chief
administrative officer of the public or
nonprofit private elementary or secondary
school in which the borrower is employed, are
teaching children with disabilities that
correspond with the borrower's training and
have demonstrated knowledge and teaching skills
in the content areas of the elementary or
secondary school curriculum that the borrower
is teaching;
``(ii) are employed as teachers in local
educational agencies that are determined by a
State educational agency under section 2141 of
the Elementary and Secondary Education Act of
1965 to have failed to make progress toward
meeting the annual measurable objectives
described in section 1119(a)(2) of such Act for
2 consecutive years; or
``(iii) are employed as teachers of
mathematics or science.
``(C) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph such sums as may be necessary for fiscal year
2003 and for each of the 4 succeeding fiscal years.''.
(b) 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
new paragraph:
``(3) Additional amounts; priority.--
``(A) Larger amounts from appropriated funds.--
Notwithstanding the amount specified in paragraph (1),
the aggregate amount that the Secretary may, from funds
appropriated under subparagraph (C), repay under this
section is a total amount equal to not more than
$17,500.
``(B) Award basis; priority.--The Secretary shall
make payments under this paragraph to elementary or
secondary school teachers who meet the requirements of
subsection (b) on a first-come first-served basis,
subject to the availability of appropriations, but
shall give priority in providing loan repayment under
this paragraph for a fiscal year to teachers who--
``(i)(I) are employed as special education
teachers whose primary responsibility is to
teach or support children with disabilities (as
defined in section 602 of the Individuals with
Disabilities Act); and
``(II) as certified by the chief
administrative officer of the public or
nonprofit private elementary or secondary
school in which the borrower is employed, are
teaching children with disabilities that
correspond with the borrower's training and
have demonstrated knowledge and teaching skills
in the content areas of the elementary or
secondary school curriculum that the borrower
is teaching;
``(ii) are employed as teachers in local
educational agencies that are determined by a
State educational agency under section 2141 of
the Elementary and Secondary Education Act of
1965 to have failed to make progress toward
meeting the annual measurable objectives
described in section 1119(a)(2) of such Act for
2 consecutive years; or
``(iii) are employed as teachers of
mathematics or science.
``(C) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph such sums as may be necessary for fiscal year
2003 and for each of the 4 succeeding fiscal years.''.
SEC. 3. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SPOUSES,
SURVIVING JOINT DEBTORS, AND PARENTS.
(a) Definitions.--For purposes of this section:
(1) Eligible public servant.--The term ``eligible public
servant'' means an individual who--
(A) served as a police officer, firefighter, other
safety or rescue personnel, or as a member of the Armed
Forces; and
(B) died (or dies) or became (or becomes)
permanently and totally disabled due to injuries
suffered in the terrorist attack on September 11, 2001;
as determined in accordance with regulations of the Secretary.
(2) Eligible victim.--The term ``eligible victim'' means an
individual who died (or dies) or became (or becomes)
permanently and totally disabled due to injuries suffered in
the terrorist attack on September 11, 2001, as determined in
accordance with regulations of the Secretary.
(3) Eligible spouse.--The term ``eligible spouse'' means
the spouse of an eligible public servant, as determined in
accordance with regulations of the Secretary.
(4) Eligible surviving debtor.--The term ``eligible
surviving debtor'' means an individual who owes a Federal
student loan that is a consolidation loan that was used,
jointly by that individual and an eligible victim, to repay the
Federal student loans of that individual and of such eligible
victim.
(5) Eligible parent.--The term ``eligible parent'' means
the parent of an eligible victim if--
``(A) the parent owes a Federal student loan that
is a consolidation loan that was used to repay a PLUS
loan incurred on behalf of such eligible victim; or
``(B) the parent owes a Federal student loan that
is a PLUS loan incurred on behalf of an eligible victim
who became (or becomes) permanently and totally
disabled due to injuries suffered in the terrorist
attack on September 11, 2001.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(7) Federal student loan.--The term ``Federal student
loan'' means any loan made, insured, or guaranteed under part
B, D, or E of title IV of the Higher Education Act of 1965.
(b) Relief From Indebtedness.--
(1) In general.--The Secretary shall provide for the
discharge or cancellation of--
(A) the Federal student loan indebtedness of an
eligible spouse;
(B) the consolidation loan indebtedness of an
eligible surviving debtor;
(C) the portion of the consolidation loan
indebtedness of an eligible parent that was incurred on
behalf of an eligible victim, if the amount of such
indebtedness with respect to such eligible victim may
be reliably determined on the basis of records
available to the lender; and
(D) the PLUS loan indebtedness of an eligible
parent that was incurred on behalf of an eligible
victim described in subsection (a)(5)(B).
(2) Method of discharge or cancellation.--A loan required
to be discharged or canceled under paragraph (1) shall be
discharged or canceled by the method used under section 437(a),
455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965
(20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), whichever is
applicable to such loan.
(c) Facilitation of Claims.--The Secretary shall--
(1) establish procedures for the filing of applications for
discharge or cancellation under this section by regulations
that shall be prescribed and published within 90 days after the
date of enactment of this Act and without regard to the
requirements of section 553 of title 5, United States Code; and
(2) take such actions as may be necessary to publicize the
availability of discharge or cancellation of Federal student
loan indebtedness for eligible spouses, eligible surviving
debtors, and eligible parents under this section.
(d) Availability of Funds for Payments.--Funds available for the
purposes of making payments to lenders in accordance with section
437(a) for the discharge of indebtedness of deceased or disabled
individuals shall be available for making payments under section 437(a)
to lenders of loans to the eligible spouses, eligible surviving
debtors, and eligible parents as required by this section.
(e) Applicable to Outstanding Debt.--The provisions of this section
shall be applied to discharge or cancel only Federal student loans
(including consolidation loans) on which amounts were owed on September
11, 2001.
SEC. 4. 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 of 1965 of the benefits available under the
amendments made by section 2 of this Act to the teachers in the
rural schools of such agencies; and
(2) encourage such agencies to notify their teachers of
such benefits.
Passed the House of Representatives October 1, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | Canceling Loans to Allow School Systems to Attract Classroom Teachers Act - (Sec. 2) Amends the Higher Education Act of 1965 (HEA) to provide for additional amounts of student loan forgiveness for certain elementary and secondary school teachers. Directs the Secretary of Education, in making such additional repayments, to give priority to teachers of: (1) special education for children with disabilities, if they are certified as having knowledge and skills in their content areas and are employed by local educational agencies that have failed to make progress toward meeting certain objectives; or (2) mathematics or science.(Sec. 3) Directs the Secretary of Education to discharge or cancel the Federal student loan indebtedness, under HEA, of spouses, surviving joint debtors, and parents of public servants and other individuals who died (or die) or who became (or become) permanently and totally disabled from injuries suffered in the terrorist attacks on September 11, 2001.(Sec. 4) Requires the Secretary to notify local educational agencies eligible for the Small Rural Achievement Program, under the Elementary and Secondary Education of 1965, of this Act's making available additional amounts of student loan forgiveness to teachers in their rural schools, and to encourage such agencies to notify their teachers of such benefits. | {"src": "billsum_train", "title": "To increase the amount of student loan forgiveness available to qualified teachers, and for other purposes."} | 2,144 | 271 | 0.582407 | 1.755742 | 0.79378 | 2.84322 | 8.029661 | 0.927966 |
SECTION 1. ESSENTIAL FISH HABITAT.
(a) Definition.--Section 3(10) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802(10)) is amended to read
as follows:
``(10) The term `essential fish habitat' means those marine
waters and discrete, unique benthic structures that--
``(A) exist within the exclusive economic zone only
in discrete areas; and
``(B) have been determined to be crucial to
spawning, breeding, and the continued production of a
specific stock of fish.''.
(b) Minimization of Adverse Impacts on Essential Fish Habitat.--
Section 303 of such Act (16 U.S.C. 1853) is amended--
(1) in subsection (a)(7) by striking ``, minimize'' and all
that follows through ``fishing,''; and
(2) in subsection (b)(4) by inserting before the semicolon
the following: ``, and including measures to minimize to the
extent practicable adverse effects on essential fish habitat
described and identified in the plan that are caused by
fishing''.
SEC. 2. DURATION OF MEASURES TO REBUILD OVERFISHED FISHERIES.
Section 304(e)(4)(A)(ii) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1854(e)(4)(A)(ii)) is
amended to read as follows:
``(ii) not exceed 10 years, except in cases
where--
``(I) the biology of the stock of
fish, other environmental conditions,
or management measures under an
international agreement in which the
United States participates dictate
otherwise;
``(II) the Secretary determines
that such 10-year period should be
extended because the cause of the
fishery decline is outside the
jurisdiction of the Council or the
rebuilding program cannot be effective
only by limiting fishing activities; or
``(III) the Secretary determines
that such 10-year period should be
extended for one or more overfished
components of a multi-species
fishery.''.
SEC. 3. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
(a) In General.--Title III of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1851 et seq.) is amended by
adding at the end the following:
``SEC. 315. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
``Any fishery management plan, amendment to such a plan, or
regulation implementing such a plan that is prepared in accordance with
applicable provisions of sections 303 and 304 of this Act is deemed to
have been prepared in compliance with the requirements of section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended--
(1) by striking the first item relating to section 312 and
inserting the following:
``312. Transition to sustainable fisheries.'';
and
(2) by striking the item following the item relating to
section 314 and inserting the following:
``315. Compliance with National Environmental Policy Act of 1969.''.
SEC. 4. BERING SEA AND ALEUTIAN ISLAND CRAB RATIONALIZATION PROGRAM
ADJUSTMENT.
As of the effective date of any Act implementing the Bering Sea and
Aleutian Islands Crab Rationalization Program approved by the North
Pacific Fishery Management Council, that Program is amended to require
that--
(1) Blue Dutch, LLC, shall receive ``Class A'' crab
processing quota shares equal to 1.5 percent of the total
allowable catch for each of the following fisheries: the
Bristol Bay red king crab fishery, the Bering Sea C. opilio
crab fishery, the Bering Sea C. bairdi crab fishery, the St.
Matthew blue king crab fishery, and the Pribilof blue and red
king crab fishery; and
(2) the Program implementing regulations shall include
proportionate reductions of ``Class A'' crab processing quota
shares for other holders of such shares so that the total of
all ``Class A'' crab processing quota shares for the fisheries
referred to in paragraph (1), including the amount specified in
paragraph (1), equals 90 percent of the total allowable catch.
SEC. 5. ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.
(a) Eligibility.--All communities currently approved for
participation in the western Alaska community development quota
program, either listed in table 7 to part 679 of title 50, Code of
Federal Regulations, or approved by the National Marine Fisheries
Service on April 19, 1999, are deemed to have met the eligibility
criteria for participation in the program, under criteria set forth in
section 305(i)(1)(B) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1855(i)(1)(B)). Additional communities
meeting this criteria may be approved for eligibility in the future.
(b) Allocation.--Section 206(a) of title II of division C of Public
Law 105-277 (112 Stat. 2681-621) is amended by striking ``1999, 10''
and inserting ``2004, 12''.
SEC. 6. REPORT REGARDING TREATMENT OF INTERNATIONAL FISHERY COMMISSION
PENSIONERS.
The President shall--
(1) determine the number of United States citizens who--
(A) served as employees of the International
Pacific Salmon Fisheries Commission or the
International North Pacific Fisheries Commission; and
(B) worked in Canada in the course of employment
with that commission;
(2) calculate for each such employee the difference
between--
(A) the value, in United States currency, of the
annuity payments made and to be made (determined by an
actuarial valuation) by or on behalf of each such
commission to the employee; and
(B) the value, in Canadian currency, of such
annuity payments; and
(3) by not later than September 1, 2004, submit to the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science and Transportation of the Senate
a report on the determinations and calculations made under
paragraphs (1) and (2). | Amends the Magnuson-Stevens Fishery Conservation and Management Act to redefine the term "essential fish habitat" as existing within the exclusive economic zone (established by Presidential Proclamation No. 5030) only in discrete areas.
Changes from a mandatory to a discretionary element of a fishery management plan any measure to minimize fishing-related adverse effects on essential fish habitat.
Specifies additional circumstances in which the specified time period for ending overfishing and rebuilding fisheries may exceed ten years.
Deems any fishery management plan, amendment, or implementing regulation prepared in accordance with the Magnuson-Stevens Act to be in compliance with environmental impact statement requirements of the National Environmental Policy Act.
Amends the Bering Sea and Aleutian Islands (BSAI) Crab Rationalization Program to require that: (1) Blue Dutch, LLC receive specified "Class A" crab processing quota shares; and (2) applicable regulations include proportionate reductions of such shares for other holders.
Deems communities currently approved for participation in the western Alaska community development quota program under specified laws to have met eligibility criteria for program participation under the Magnuson-Stevens Act. Amends the American Fisheries Act, in the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, to increase from ten percent to 12 percent the portion of the total allowable catch of pollock in the BSAI Management Area that is required to be allocated to the western Alaska program.
Requires the President to calculate and submit a report to specified congressional committees on the difference between the value in U.S. versus Canadian currency of annuity payments to U.S. citizens who worked in Canada for specified international fisheries commissions. | {"src": "billsum_train", "title": "To amend the Magnuson-Stevens Fishery Conservation and Management Act to clarify the definition of \"essential fish habitat\", and for other purposes."} | 1,460 | 385 | 0.527887 | 1.645838 | 0.745496 | 2.345395 | 4.046053 | 0.8125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trauma Care Systems Planning and
Development Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Federal Government and State governments have
established a history of cooperation in the development,
implementation, and monitoring of integrated, comprehensive
systems for the provision of emergency medical services.
(2) Trauma is the leading cause of death of Americans
between the ages of 1 and 44 years and is the third leading
cause of death in the general population of the United States.
(3) In 1995, the total direct and indirect cost of
traumatic injury in the United States was estimated at
$260,000,000,000.
(4) There are 40,000 fatalities and 5,000,000 nonfatal
injuries each year from motor vehicle-related trauma, resulting
in an aggregate annual cost of $230,000,000,000 in medical
expenses, insurance, lost wages, and property damage.
(5) Barriers to the receipt of prompt and appropriate
emergency medical services exist in many areas of the United
States.
(6) The number of deaths from trauma can be reduced by
improving the systems for the provision of emergency medical
services in the United States.
(7) Trauma care systems are an important part of the
emergency preparedness system needed for homeland defense.
SEC. 3. AMENDMENTS.
(a) Establishment.--Section 1201 of the Public Health Service Act
(42 U.S.C. 300d) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``, acting through the Administrator of the
Health Resources and Services Administration,'' after
``Secretary'';
(B) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively;
(C) by inserting after paragraph (2) the following:
``(3) collect, compile, and disseminate information on the
achievements of, and problems experienced by, State and local
agencies and private entities in providing trauma care and
emergency medical services and, in so doing, give special
consideration to the unique needs of rural areas;'';
(D) in paragraph (4), as redesignated by
subparagraph (B)--
(i) by inserting ``to enhance each State's
capability to develop, implement, and sustain
the trauma care component of each State's plan
for the provision of emergency medical
services'' after ``assistance''; and
(ii) by striking ``and'' after the
semicolon;
(E) in paragraph (5), as redesignated by
subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(F) by adding at the end the following:
``(6) promote the collection and categorization of trauma
data in a consistent and standardized manner.'';
(2) in subsection (b), by inserting ``, acting through the
Administrator of the Health Resources and Services
Administration,'' after ``Secretary''; and
(3) by striking subsection (c).
(b) Clearinghouse on Trauma Care and Emergency Medical Services.--
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended--
(1) by striking section 1202; and
(2) by redesignating section 1203 as section 1202.
(c) Establishment of Programs for Improving Trauma Care in Rural
Areas.--Section 1202(a) of the Public Health Service Act, as such
section was redesignated by subsection (b), is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``, such as advanced trauma life support,''
after ``model curricula'';
(2) in paragraph (4), by striking ``and'' after the
semicolon;
(3) in paragraph (5), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(6) by increasing communication and coordination with
State trauma systems.''.
(d) Requirement of Matching Funds for Fiscal Years Subsequent to
First Fiscal Year of Payments.--Section 1212 of the Public Health
Service Act (42 U.S.C. 300d-12) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) for the third fiscal year of such payments to
the State, not less than $1 for each $1 of Federal
funds provided in such payments for such fiscal year;
``(C) for the fourth fiscal year of such payments
to the State, not less than $2 for each $1 of Federal
funds provided in such payments for such fiscal year; and
``(D) for the fifth fiscal year of such payments to
the State, not less than $2 for each $1 of Federal
funds provided in such payments for such fiscal
year.''; and
(2) in subsection (b)--
(A) in paragraph (1), by adding ``and'' after the
semicolon;
(B) in paragraph (2), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3).
(e) Requirements With Respect To Carrying Out Purpose of
Allotments.--Section 1213 of the Public Health Service Act (42 U.S.C.
300d-13) is amended--
(1) in subsection (a)--
(A) in paragraph (3), in the matter preceding
subparagraph (A), by inserting ``nationally
recognized'' after ``contains'';
(B) in paragraph (5), by inserting ``nationally
recognized'' after ``contains'';
(C) in paragraph (6), by striking ``specifies
procedures for the evaluation of designated'' and
inserting ``utilizes a program with procedures for the
evaluation of'';
(D) in paragraph (7)--
(i) in the matter preceding subparagraph
(A), by inserting ``in accordance with data
collection requirements developed in
consultation with surgical, medical, and
nursing specialty groups, State and local
emergency medical services directors, and other
trained professionals in trauma care'' after
``collection of data'';
(ii) in subparagraph (A), by inserting
``and the number of deaths from trauma'' after
``trauma patients''; and
(iii) in subparagraph (F), by inserting
``and the outcomes of such patients'' after
``for such transfer'';
(E) by redesignating paragraphs (10) and (11) as
paragraphs (11) and (12), respectively; and
(F) by inserting after paragraph (9) the following:
``(10) coordinates planning for trauma systems with State
disaster emergency planning and bioterrorism hospital
preparedness planning;'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``concerning such'' and inserting ``that
outline resources for optimal care of the
injured patient''; and
(ii) in subparagraph (D), by striking
``1992'' and inserting ``2005''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking
``1991'' and inserting ``2005''; and
(ii) in subparagraph (B), by striking
``1992'' and inserting ``2005''; and
(3) in subsection (c), by striking ``1990, the Secretary
shall develop a model plan'' and inserting ``2005, the
Secretary shall update the model plan''.
(f) Requirement of Submission to Secretary of Trauma Plan and
Certain Information.--Section 1214(a) of the Public Health Service Act
(42 U.S.C. 300d-14(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``1991'' and inserting ``2005'';
and
(B) by inserting ``that includes changes and
improvements made and plans to address deficiencies
identified'' after ``medical services''; and
(2) in paragraph (2), by striking ``1991'' and inserting
``2005''.
(g) Restrictions on Use of Payments.--Section 1215(a)(1) of the
Public Health Service Act (42 U.S.C. 300d-15(a)(1)) is amended by
striking the period at the end and inserting a semicolon.
(h) Requirements of Reports by States.--The Public Health Service
Act (42 U.S.C. 201 et seq.) is amended by striking section 1216 and
inserting the following:
``SEC. 1216. [RESERVED].''.
(i) Report by the Secretary.--Section 1222 of the Public Health
Service Act (42 U.S.C. 300d-22) is amended by striking ``1995'' and
inserting ``2007''.
(j) Funding.--Section 1232(a) of the Public Health Service Act (42
U.S.C. 300d-32(a)) is amended to read as follows:
``(a) Authorization of Appropriations.--For the purpose of carrying
out parts A and B, there are authorized to be appropriated $12,000,000
for fiscal year 2005, and such sums as may be necessary for each of the
fiscal years 2006 through 2009.''.
(k) Conforming Amendment.--Section 1232(b)(2) of the Public Health
Service Act (42 U.S.C. 300d-32(b)(2)) is amended by striking ``1204''
and inserting ``1202''.
(l) Institute of Medicine Study.--Part E of title XII of the Public
Health Service Act (20 U.S.C. 300d-51 et seq.) is amended--
(1) by striking the part heading and inserting the
following:
``Part E--Miscellaneous Programs'';
and
(2) by adding at the end the following:
``SEC. 1254. INSTITUTE OF MEDICINE STUDY.
``(a) In General.--The Secretary shall enter into a contract with
the Institute of Medicine of the National Academy of Sciences, or
another appropriate entity, to conduct a study on the state of trauma
care and trauma research.
``(b) Content.--The study conducted under subsection (a) shall--
``(1) examine and evaluate the state of trauma care and
trauma systems research (including the role of Federal entities
in trauma research) on the date of enactment of this section,
and identify trauma research priorities;
``(2) examine and evaluate the clinical effectiveness of
trauma care and the impact of trauma care on patient outcomes,
with special attention to high-risk groups, such as children,
the elderly, and individuals in rural areas;
``(3) examine and evaluate trauma systems development and
identify obstacles that prevent or hinder the effectiveness of
trauma systems and trauma systems development;
``(4) examine and evaluate alternative strategies for the
organization, financing, and delivery of trauma care within an
overall systems approach; and
``(5) examine and evaluate the role of trauma systems and
trauma centers in preparedness for mass casualties.
``(c) Report.--Not later than 2 years after the date of enactment
of this section, the Secretary shall submit to the appropriate
committees of Congress a report containing the results of the study
conducted under this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000 for each of fiscal
years 2005 and 2006.''.
(m) Residency Training Programs in Emergency Medicine.--Section
1251(c) of the Public Health Service Act (42 U.S.C. 300d-51(c)) is
amended by striking ``1993 through 1995'' and inserting ``2005 through
2009''.
(n) State Grants for Projects Regarding Traumatic Brain Injury.--
Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is
amended in the section heading by striking ``demonstration''.
(o) Interagency Program for Trauma Research.--Section 1261 of the
Public Health Service Act (42 U.S.C. 300d-61) is amended--
(1) in subsection (a), by striking ``conducting basic'' and
all that follows through the period at the end of the second
sentence and inserting ``basic and clinical research on trauma
(in this section referred to as the `Program'), including the
prevention, diagnosis, treatment, and rehabilitation of trauma-
related injuries.'';
(2) by striking subsection (b) and inserting the following:
``(b) Plan for Program.--The Director shall establish and implement
a plan for carrying out the activities of the Program, taking into
consideration the recommendations contained within the report of the
NIH Trauma Research Task Force. The plan shall be periodically
reviewed, and revised as appropriate.'';
(3) in subsection (d)--
(A) in paragraph (4)(B), by striking ``acute head
injury'' and inserting ``traumatic brain injury''; and
(B) in subparagraph (D), by striking ``head'' and
inserting ``traumatic'';
(4) by striking subsection (g);
(5) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively; and
(6) in subsection (h), as redesignated by paragraph (5), by
striking ``2001 through 2005'' and inserting ``2005 through
2009''. | Trauma Care Systems Planning and Development Act of 2005 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to promote the collection and categorization of trauma data in a consistent and standardized manner.
Removes authorization for the National Clearinghouse on Trauma Care and Emergency Medical Services. Allows the Secretary to make grants to entities to carry out demonstration projects to improve emergency medical services in rural areas by increasing communication and coordination with State trauma systems. Revises the matching requirements for States to be eligible for grants to improve emergency medical services in rural areas. Prohibits the Secretary from making trauma care grants to a State unless the State's emergency medical services plan coordinates planning for trauma systems with State disaster emergency planning and bioterrorism hospital preparedness planning. Requires the Secretary to update the model plan for the designation of trauma centers and for triage, transfer, and transportation policies. Directs the Secretary to enter into a contract with the Institute of Medicine or another appropriate entity to conduct a study on trauma care and trauma systems research. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to add requirements regarding trauma care, and for other purposes."} | 3,086 | 243 | 0.482436 | 1.351391 | 0.758666 | 3.35545 | 13.308057 | 0.909953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Major Regulation Cost Review Act of
2008''.
SEC. 2. REQUIREMENT FOR PERIODIC REVIEW OF ALL MAJOR RULES.
(a) Requirement.--Chapter 6 of title 5, United States Code, is
amended by inserting after section 610 the following new section:
``Sec. 610a. Periodic review of major rules
``(a) Requirement for Review of Major Rules.--Not later than 180
days after the date of the enactment of the Major Regulation Cost
Review Act of 2008, each agency shall publish in the Federal Register a
plan for the periodic review of all the major rules issued by the
agency. Such plan may be amended by the agency at any time by
publishing the revision in the Federal Register.
``(b) Purpose of Review.--The purpose of the review shall be to
determine whether such rules should be continued without change, or
should be amended or rescinded, consistent with the stated objectives
of applicable statutes.
``(c) Review Within Five Years.--The plan shall provide for the
review of all such agency rules existing on the effective date of the
Major Regulation Cost Review Act of 2008 within five years after that
date and for the review of such rules adopted after such effective date
within five years after the publication of such rules as the final
rule. If the head of the agency determines that completion of the
review of existing rules is not feasible by the established date, the
head of the agency shall so certify in a statement published in the
Federal Register and may extend the completion date by one year at a
time for a total of not more than five years.
``(d) Factors To Consider.--In reviewing major rules in a manner
consistent with the stated objectives of applicable statutes, the
agency shall consider the following factors:
``(1) The continued need for the rule.
``(2) The nature of complaints or comments received
concerning the rule from the public.
``(3) The complexity of the rule.
``(4) The extent to which the rule overlaps, duplicates, or
conflicts with other Federal rules, and, to the extent
feasible, with State and local governmental rules.
``(5) The length of time since the rule has been evaluated
or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule.
``(e) Cost-Benefit Analysis.--The review shall include a cost-
benefit analysis of the rule, using the standard cost-benefit
methodology included in Office of Management and Budget Circular A-4
(relating to regulatory analysis and issued September 17, 2003). The
cost-benefit analysis shall include an identification and consideration
of a range of less costly regulatory alternatives.
``(f) Publication of List of Rules To Be Reviewed.--Each year, each
agency shall publish in the Federal Register a list of the major rules
which are to be reviewed pursuant to this section during the succeeding
12 months and which are to be included in the accounting statement and
associated report submitted to Congress by the Director of the Office
of Management and Budget under paragraph (4) of section 624(a) of the
Treasury and General Government Appropriations Act, 2001 (as added by
section 3 of the Major Regulation Cost Review Act of 2008). The list
shall include a brief description of each such major rule and the need
for and legal basis of such rule, and shall invite public comment upon
the rule.
``(g) Major Rule Defined.--In this section, the term `major rule'
has the meaning provided by section 804 of this title.''.
(b) Clerical Amendment.--The table of sections for chapter 6 of
title 5, United States Code, is amended by inserting after the item
relating to section 610 the following new item:
``610a. Periodic review of major rules.''.
SEC. 3. REQUIREMENTS FOR OMB RELATING TO ANNUAL ACCOUNTING STATEMENT.
(a) Requirement To Include List of Rules To Be Reviewed in Annual
Accounting Statement.--Section 624(a) of the Treasury and General
Government Appropriations Act, 2001 (as enacted into law by Public Law
106-554; 114 Stat. 2763A-161), is amended--
(1) by 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) a list of the major rules which are to be reviewed by
each agency, during the year following the year in which the
statement and report are submitted, pursuant to section 610a of
title 5, United States Code.''.
(b) Requirement To Use Agency Cost-Benefit Estimates in Annual
Accounting Statement.--Section 624 of the Treasury and General
Government Appropriations Act, 2001 (as enacted into law by Public Law
106-554; 114 Stat. 2763A-161), is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Use of Agency Cost-Benefit Analyses Required.--To carry out
subsection (a), the Director of the Office of Management and Budget
shall require each agency annually to submit to the Office of
Management and Budget the cost-benefit analyses conducted under section
610a of title 5, United States Code, for major rules of the agency
during the preceding year.''. | Major Regulation Cost Review Act of 2008 - Requires each federal agency to publish in the Federal Register a plan for the periodic review of its major rules. Requires review of all existing major rules within five years and of all new rules within five years after their publication as a final rule.
Directs an agency to consider: (1) the continued need for the rule; (2) the nature of public complaints or comments concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other federal, state, and local governmental rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. Requires the review to include a cost-benefit analysis of the rule, including an identification and consideration of a range of less costly regulatory alternatives.
Requires each agency, annually, to publish a list of the major rules which are to be reviewed and which are to be included in an accounting statement and associated report to be submitted to Congress by the Director of the Office of Management and Budget (OMB). | {"src": "billsum_train", "title": "To require agencies to review all major rules within 10 years after issuance, including a cost-benefit analysis using a standard government-wide methodology, and for other purposes."} | 1,269 | 252 | 0.703088 | 1.821963 | 0.873174 | 6.336134 | 4.920168 | 0.966387 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building Efficiently Act of 2012''.
SEC. 2. SHORTER DEPRECIATION RECOVERY PERIODS FOR ENERGY EFFICIENT
BUILDINGS.
(a) 25-Year Recovery Period for Energy Efficient Nonresidential
Real Property.--
(1) In general.--Section 168(e)(3) of the Internal Revenue
Code of 1986 is amended by inserting after subparagraph (F) the
following new subparagraph:
``(G) 25-year property.--The term `25-year
property' means any qualified energy efficient
nonresidential real property.''.
(2) Qualified energy efficient nonresidential real property
defined.--Subsection (i) of section 168 of such Code is amended
by adding at the end the following:
``(20) Qualified energy efficient nonresidential real
property.--
``(A) In general.--The term `qualified energy
efficient nonresidential real property' means a
building which is nonresidential real property which is
described in subparagraph (B), (C), or (D).
``(B) New or reconstructed building.--A building is
described in this subparagraph if--
``(i) the certification requirements of
subparagraph (E) with respect to the building
are met,
``(ii) the original use of the building
commences with the taxpayer, and
``(iii) the building is placed in service
after the date of the enactment of this
paragraph.
``(C) Improvements to existing building.--A
building is described in this subparagraph if, only
after improvements are made to the building--
``(i) the certification requirements of
subparagraph (E) with respect to the building
are met,
``(ii) the original use of the improved
building commences with the taxpayer,
``(iii) the improved building is placed in
service after the date of the enactment of this
paragraph, and
``(iv) the taxpayer elects to the
application of this paragraph with respect to
the building.
``(D) Buildings acquired by purchase.--A building
is described in this subparagraph if the building--
``(i) is acquired by purchase from an
unrelated person,
``(ii) meets the certification requirements
of subparagraph (E), and
``(iii) is placed in service after the date
of the enactment of this paragraph.
``(E) Certification requirements.--The requirements
of this subparagraph are met if, with respect to a
building, the building is certified in accordance with
section 179D(d)(6) as being constructed, reconstructed,
or modified, as the case may be, under a plan designed
to reduce the total annual energy and power costs of
the building by 40 percent or more in comparison to a
reference building which meets the minimum requirements
of Standard 90.1-2004 using methods of calculation
under section 179D(d)(2).
``(F) Standard 90.1-2004.--The term `Standard 90.1-
2004' means Standard 90.1-2004 of the American Society
of Heating, Refrigerating, and Air Conditioning
Engineers and the Illuminating Engineering Society of
North America (as in effect on July 30, 2012).
``(G) Related persons.--For purposes of
subparagraph (D), a person is related to another person
if--
``(i) the persons are members of an
affiliated group (as defined in section 1504),
or
``(ii) the persons have a relationship
described in subsection (b) of section 267;
except that, for purposes of this clause, the
phrase `80 percent or more' shall be
substituted for the phrase `more than 50
percent' each place it appears in such
subsection and rules similar to the rules of
subsections (c) and (e) (other than paragraphs
(4) and (5) thereof) shall apply.
``(H) Denial of double benefit.--If this section
applies to a building by reason of subsection
(e)(3)(G), the deduction under section 179D shall not
be allowed.''.
(b) 20-Year Recovery Period for Energy Efficient Residential Rental
Property.--
(1) In general.--Subparagraph (F) of section 168(e)(3) of
such Code (relating to 20-year property) is amended to read as
follows:
``(F) 20-year property.--The term `20-year
property' means--
``(i) initial clearing and grading land
improvements with respect to any electric
utility transmission and distribution plant,
and
``(ii) any qualified energy efficient
residential rental property.''.
(2) Qualified energy efficient residential rental property
defined.--Subsection (i) of section 168 of such Code, as
amended by subsection (a), is amended by adding at the end the
following:
``(21) Qualified energy efficient residential rental
property.--
``(A) In general.--The term `qualified energy
efficient nonresidential real property' means a
building which is residential rental property which is
described in subparagraph (B), (C), or (D).
``(B) New or reconstructed building.--A building is
described in this subparagraph if--
``(i) the certification requirements of
subparagraph (E) with respect to the building
are met,
``(ii) the original use of which commences
with the taxpayer, and
``(iii) the building is placed in service
after the date of the enactment of this
paragraph.
``(C) Improvements to existing building.--A
building is described in this subparagraph if, only
after improvements are made to the building--
``(i) the certification requirements of
subparagraph (E) with respect to the building
are met,
``(ii) the original use of the improved
building commences with the taxpayer,
``(iii) the improved building is placed in
service after the date of the enactment of this
paragraph, and
``(iv) the taxpayer elects to the
application of this paragraph with respect to
the building.
``(D) Buildings acquired by purchase.--A building
is described in this subparagraph if the building--
``(i) is acquired by purchase from an
unrelated person,
``(ii) meets the certification requirements
of subparagraph (E), and
``(iii) is placed in service after the date
of the enactment of this paragraph.
``(E) Certification requirements.--The requirements
of this subparagraph are met if, with respect to a
building, the building is certified in accordance with
section 179D(d)(6) as being constructed, reconstructed,
or modified, as the case may be, under a plan designed
to reduce the total annual energy and power costs of
the building by 40 percent or more in comparison to a
reference building which meets the minimum requirements
of the International Energy Conservation Code 2004
using methods of calculation under section 179D(d)(2).
``(F) Related persons.--For purposes of
subparagraph (D), a person is related to another person
if--
``(i) the persons are members of an
affiliated group (as defined in section 1504),
or
``(ii) the persons have a relationship
described in subsection (b) of section 267;
except that, for purposes of this clause, the
phrase `80 percent or more' shall be
substituted for the phrase `more than 50
percent' each place it appears in such
subsection and rules similar to the rules of
subsections (c) and (e) (other than paragraphs
(4) and (5) thereof) shall apply.
``(G) Denial of double benefit.--If this section
applies to a building by reason of subsection
(e)(3)(F)(ii), the deduction under section 179D shall
not be allowed.''.
(c) Conforming Amendments.--
(1) The table contained in section 168(c) of such Code is
amended by inserting after the item relating to 20-year
property the following new item:
``25-year property................................. 25 years''.
(2) The table contained in section 467(e)(3)(A) of such
Code is amended--
(A) by inserting ``which is not 25-year property''
after ``nonresidential real property'', and
(B) by inserting after the item relating to
residential rental property and nonresidential real
property the following new item:
``25-year property.................................19 years.''.
(3) Clauses (iv), (v), and (ix) of section 168(e)(3)(E) of
such Code are each amended by inserting ``(not described in
subparagraph (G))'' after ``property''.
(d) Requirement To Use Straight Line Method.--Paragraph (3) of
section 168(b) of such Code (relating to property to which straight
line method applies) is amended by redesignating subparagraphs (F),
(G), (H), and (I) as subparagraphs (G), (H), (I), and (J),
respectively, and by inserting after subparagraph (E) the following new
subparagraph:
``(F) Property described in subsection
(e)(3)(F)(ii) or subsection (e)(3)(G).''.
(e) Alternative System.--The table contained in section
168(g)(3)(B) of such Code is amended by striking the item relating to
subparagraph (F) and inserting the following new items:
``(F)(i)............................................... 25
(F)(ii)............................................... 20
(G)................................................... 25''.
(f) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2012. | Building Efficiently Act of 2012 - Amends the Internal Revenue Code to establish, for depreciation purposes: (1) a 25-year recovery period for qualified energy efficient nonresidential real property, and (2) a 20-year recovery period for qualified energy efficient residential rental property. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce the depreciation recovery periods for energy efficient commercial buildings, and for other purposes."} | 2,272 | 64 | 0.609915 | 1.409926 | 0.956919 | 4.018868 | 37.584906 | 0.962264 |
SECTION 1. RELEASE OF REVERSIONARY INTERESTS, BLACKWATER RIVER AND
WITHLACOOCHEE STATE FORESTS, FLORIDA.
(a) Release.--The Secretary of Agriculture shall release the
reversionary interests of the United States that were retained by the
United States when the following parcels of real property were conveyed
to the State of Florida:
(1) The parcel of real property described in a deed dated
November 4, 1955, conveying certain lands in Santa Rosa County
to the State of Florida.
(2) The parcel of real property described in a deed dated
April 11, 1957, conveying certain lands in Santa Rosa County to
the State of Florida.
(3) The parcel of real property described in a deed dated
November 4, 1955, conveying certain lands in Okaloosa County to
the State of Florida.
(4) The parcel of real property described in a deed dated
November 26, 1982, conveying certain lands in Citrus, Hernando,
Pasco, and Sumter Counties to the State of Florida.
The reversionary interest to be released under this section requires
that the conveyed lands be used for public purposes and provides for a
reversion of such lands to the United States if at any time they cease
to be used for public purposes.
(b) Legal Description.--The four deeds referred to in subsection
(a) are recorded as follows:
(1) Deed Book 122, Pages 397-437, Santa Rosa County,
Florida.
(2) Deed Book 133, Pages 333-337, Santa Rosa County,
Florida.
(3) Deed Book 121, Pages 511-528, Okaloosa County, Florida.
(4) Official Record Book 610, Pages 1228-1237, Citrus
County, Florida.
(5) Official Record Book 517, Pages 491-500, Hernando
County, Florida.
(6) Official Record Book 269, Pages 126-135, Sumter County,
Florida.
(7) Official Record Book 1240, Pages 1065-1074, Pasco
County, Florida.
(c) Consideration.--As consideration for the release of the
reversionary interests under subsection (a), the State of Florida shall
agree to the following:
(1) All proceeds from the sale, exchange, or other
disposition of the real property subject to the reversionary
interests shall be used by the State of Florida for the
acquisition of other lands within or adjacent to the exterior
boundaries of Blackwater River State Forest and Withlacoochee
State Forest, or, with the approval of the Secretary of
Agriculture, for the purchase of the individual mineral interest of the
United States under section 2.
(2) Any lands acquired by the sale, exchange, or other
disposition of the real property subject to the reversionary
interests shall become a part of the State forest in which the
acquired lands are located and shall be subject to the
condition that the acquired lands be used for public purposes.
(3) The total land base of such State forests shall not be
reduced below the original acreage of the real property
included in the conveyances described in subsection (a), except
in the case of any lands conveyed at the request of the United
States, and the total land base shall be managed in perpetuity
as State forest land.
(4) All proceeds from the sale, exchange, or other
disposition of the real property subject to the reversionary
interests shall be maintained by the State of Florida in a
separate fund. The record of all transactions involving such
fund shall be open to inspection by the Secretary of
Agriculture.
(d) Disposition of Funds.--Any proceeds derived from the sale of
these mineral interests shall be deposited into the fund established by
the Act of December 4, 1967 (16 U.S.C. 484a), known as the Sisk Act,
and shall be available for expenditure, upon appropriation, for the
acquisitions of lands and interests in lands in the same State.
(e) Additional Terms.--The Secretary of Agriculture may require
such additional terms or conditions in connection with the release of
the reversionary interests under this section as the Secretary
considers appropriate to protect the interests of the United States.
(f) Instrument of Release.--The Secretary of Agriculture shall
execute and file in the appropriate office or offices a deed of
release, amended deed, or other appropriate instrument effectuating the
release of the reversionary interests under this section.
SEC. 2. SALE OF MINERAL RIGHTS.
(a) Sale Authorized.--Upon application by the State of Florida, the
Secretary of Agriculture may convey to the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida, or to its
designee, all of the individual mineral interests of the United States
in any parcel of real property for which a reversionary interest is
released under section 1.
(b) Consideration.--As consideration for the sale of the mineral
interests of the United States under subsection (a), the State of
Florida shall pay to the United States an amount equal to the fair
market value of such interests, as determined by appraisal acceptable
to the Secretary of Agriculture. | Directs the Secretary of Agriculture to release U.S. reversionary interests in four deeds that conveyed certain lands within the Blackwater River and Withlacoochee State Forests in Florida. Requires lands conveyed under the deeds to be used for public purposes.
Authorizes the Secretary to convey to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida all of the U.S. mineral interests in any real property for which a reversionary interest is released. Provides for any proceeds derived from the sale of these mineral interests to be deposited into the fund established by the Sisk Act and to be available for expenditure, upon appropriation, for the acquisitions of lands and interests in lands in the same State. | {"src": "billsum_train", "title": "To release the reversionary interests retained by the United States in four deeds that conveyed certain lands to the State of Florida so as to permit the State to sell, exchange, or otherwise dispose of the lands, and to provide for the conveyance of certain mineral interests of the United States in the lands to the State of Florida."} | 1,122 | 176 | 0.531321 | 1.603035 | 0.759972 | 5.215385 | 7.892308 | 0.953846 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Iraqi Refugee and
Internally Displaced Persons Humanitarian Assistance, Resettlement, and
Security 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. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Statements of policy.
Sec. 5. Humanitarian assistance for Iraqi refugees and IDPs.
Sec. 6. Improved border security.
Sec. 7. Special immigrant status.
Sec. 8. Expedited processing of Iraqi refugees.
Sec. 9. International cooperation.
Sec. 10. Report to Congress.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since the beginning of the war in Iraq, according to
the Office of the United Nations High Commissioner for Refugees
(UNHCR), more than 2,000,000 Iraqis have fled their homes for
neighboring countries to avoid sectarian and other violence.
(2) According to the UNHCR, there are 2,200,000 internally
displaced people (IDPs) in Iraq, many lacking adequate food,
shelter, and other basic services;
(3) The security situation within Iraq reduces access to
the Iraqi population by Iraqi Government agencies and
humanitarian aid providers and greatly limits the provision of
aid.
(4) The dispersion of Iraqi refugees in poor urban areas of
host countries makes it exceedingly difficult for humanitarian
agencies to identify and reach these populations.
(5) Iraq itself hosts more than 43,000 refugees from other
countries, many of whom were refugees prior to 2003 and have
been displaced in Iraq for a second time, including many
Palestinians.
(6) Palestinian refugee camps in Iraq near the Syrian and
Jordanian borders remain in dire need of humanitarian
assistance.
(7) Many Iraqis have put their lives and those of their
families at risk by working for the United States Government,
United States companies, and nongovernmental organizations.
(8) Since March 2003, the United States Government has
admitted 1,459 Iraqi refugees, while Jordan, a resource-poor
country, has accepted an estimated 750,000, Syria an estimated
1,500,000, and other countries neighboring Iraq have received
hundreds of thousands more.
(9) Current United States policies governing the processing
of refugees constrain the Department of Homeland Security from
expediting the screening procedures and increasing the number
of Iraqi refugees accepted into the United States.
(10) The massive flow of Iraqi refugees into neighboring
host countries has overwhelmed existing social, economic, and
security capacities of such countries.
(11) The Government of Jordan and the Government of Syria
require immediate assistance to adequately assist Iraqi refugee
populations, to ensure an effective degree of security within
their respective countries, and safeguard their borders.
(12) Increasing destitution and poverty among displaced
populations provide fertile ground for extremist ideologies to
take root.
(13) The Iraq Study group predicted that ``[a] humanitarian
catastrophe could follow as more refugees are forced to
relocate across the country and the region.''.
(14) The humanitarian crisis in Iraq threatens to
destabilize the entire region and other areas as well,
including Central Asia and Europe.
(15) Jordan estimates that it needs more than
$1,000,000,000 in emergency assistance and Syria estimates it
needs more than $250,000,000 in similar assistance to
adequately provide for the refugee populations they are
hosting, ensure an effective degree of security within their
respective countries, and safeguard their borders.
(16) The United States policy is to admit at least half of
the refugees referred by the UNHCR. In 2007, UNHCR referred
more than 9,500 cases to the United States. The United States
pledged to resettle 7,000 Iraqi refugees in 2007, later reduced
to 2,000, a commitment which has yet to be met.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Iraqi refugees and IDPs will have an impact on the
security of the region and the short and long-term effects of
their displacement must be considered within overall United
States Iraq policy;
(2) the United States must demonstrate its commitment to
resettle Iraqi refugees and to work with other governments,
including the member states of the Organization for Security
and Cooperation in Europe, to encourage them to do the same;
and
(3) the United States should express its gratitude and
support to host countries for providing humanitarian assistance
to Iraqi refugees, as well as to those countries that have
already resettled Iraqi refugees.
SEC. 4. STATEMENTS OF POLICY.
The following shall be the policies of the United States:
(1) To spearhead efforts to provide for the relief of Iraqi
refugees and IDPs, to take the lead in funding assistance
requests from the UNHCR and other humanitarian agencies, and to
assist in the resettlement of Iraqi refugees, particularly
those who have risked their lives and the lives of their
families to assist the United States in Iraq.
(2) To develop immediately a comprehensive program to
support the host countries and meet the needs of the growing
Iraqi refugee and IDP populations, and appoint a high-level
coordinator to ensure expeditious and effective implementation
of such a program.
(3) To work with the Government of Iraq to help it improve
its capacity and ability to provide relief for internally
displaced persons in all communities throughout the country and
to provide assistance to Iraqi refugees in neighboring
countries.
(4) To commit to working with international partners,
including the United Nations, donor countries, international
financial institutions, and international and indigenous
nongovernmental organizations to assist in providing for the
emergency, medium, and long-term humanitarian needs of Iraqi
refugees and IDPs.
SEC. 5. HUMANITARIAN ASSISTANCE FOR IRAQI REFUGEES AND IDPS.
(a) In General.--With respect to each country containing a
significant population of Iraqi refugees or IDPs, including Iraq,
Jordan, Syria, Turkey, Iran, and Lebanon, the Secretary of State shall
provide bilateral assistance to such countries, as appropriate, or
funding to international aid organizations and nongovernmental
organizations in accordance with subsection (b) that are working in
such countries, to provide such refugees and IDPs with humanitarian
assistance, including adequate food, shelter, clean drinking water,
sanitation, health care, education, and security.
(b) Assistance and Funding.--Assistance and funding under paragraph
(1) shall be in the form of--
(1) contributions to the UNHCR that are not less than 50
percent of the amount requested by the UNHCR for 2008, 2009,
2010, and 2011 for aid to Iraqi refugees;
(2) contributions to the International Federation of the
Red Cross and Red Crescent and other nongovernmental
organizations working in such countries to provide aid to Iraqi
refugees; and
(3) contributions and technical assistance to relevant
ministries of the Government of Iraq, contingent on matching
Government of Iraq funding of assistance programs for IDPs and
Iraqi refugees in neighboring countries, together with
appropriate monitoring mechanisms.
(c) Special Provisions Relating to IDPs.--The Secretary of State
shall make every effort to ensure that the humanitarian needs of the
most vulnerable IDP populations, including women, children, and
religious and other minorities, are met, including increased resources
to improve the registration capabilities of nongovernmental
organizations for such IDPs, adequate food, shelter, clean drinking
water, sanitation, health care, education, and security .
(d) Authorization of Appropriations.--There is authorized to be
appropriated $700,000,000 for each of fiscal years 2008, 2009, and 2010
to carry out this section. Amounts appropriated pursuant to this
authorization shall be in addition to amounts otherwise available for
such purposes.
SEC. 6. IMPROVED BORDER SECURITY.
(a) Security Screening of Refugees.--
(1) In general.--As soon as practicable but not later than
180 days after the date of the enactment of this Act, the
Secretary of the Department of Homeland Security, in
cooperation with the Secretary of State, shall establish a
program to assist in improving the capacity of Jordanian border
police, immigration officers, and other individuals who are
responsible for Jordanian border security functions in the
security screening of Iraqi refugees to determine the
eligibility of such refugees for acceptance in Jordan.
(2) Scope of assistance.--The program described in
paragraph (1) shall be extended to ports of entry at Jordanian
land, sea, and air borders and may include the following
subject matter areas:
(A) Police and border guard training, in order to
conduct threat assessments of each refugee, detect
threat items and contraband in the possession or on the
person of a refugee, and identify any linkages of a
refugee to terrorists or terrorist organizations.
(B) Travel documentation authentication, including
equipment and training, in order to aid in the
verification of the authenticity of passports and other
travel documents presented by refugees.
(C) Technology, including biometric equipment for
capturing a unique biometric of each refugee to be
matched with their biographic data, and the
establishment of a database for such information, and
remotely-piloted aircraft, cameras, and sensors for
border surveillance, including the collection of
intelligence to counter smuggling and other criminal
activities along the borders.
(D) Personnel, for the purpose of interdicting the
illegal movement of people, weapons, and other
contraband across the border, including an increase in
the number of border police and officers providing
investigative support to border security functions.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $500,000,000 to carry out this section.
SEC. 7. SPECIAL IMMIGRANT STATUS.
(a) In General.--Notwithstanding any other provision of law, for
purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), the Secretary of Homeland Security may provide an alien
described in subsection (b) with the status of a special immigrant
under section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the
alien--
(1) is otherwise eligible to receive an immigrant visa; and
(2) is otherwise admissible to the United States for
permanent residence.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this
subsection if the alien--
(A) is a national of Iraq;
(B) was employed by, or worked for or with, the
United States Government, United States companies, or
nongovernmental organizations in Iraq on or after March
19, 2003, for a period of not less than one year; and
(C) fears reprisal, persecution, injury, or death
to the alien or the alien's family due to the
employment or work of the alien referred to in
subparagraph (B).
(2) Spouses and children.--An alien is described in this
subsection if the alien is--
(A) the spouse or child of a principal alien
described in paragraph (1); and
(B) is following or accompanying to join the
principal alien in the United States.
(c) Benefits.--Aliens provided special immigrant status under this
section shall be eligible for the same resettlement assistance,
entitlement programs, and other benefits as refugees admitted under
section 207 of the Immigration and Naturalization Act (8 U.S.C. 1157).
(d) Protection of Aliens.--The Secretary of State, in consultation
with the heads of other relevant Federal agencies, shall provide an
alien described in this section who is applying for a special immigrant
visa with protection or the immediate removal from Iraq if the
Secretary determines that such alien fears reprisal, persecution,
injury, or death to the alien or the alien's family due to the
employment or work of the alien referred to in paragraph (1)(B).
(e) Authorization of Appropriations.--There is authorized to be
appropriated $500,000,000 for each of fiscal years 2008, 2009, and 2010
to carry out this section. Amounts appropriated pursuant to this
authorization shall be in addition to amounts otherwise available for
such purposes.
SEC. 8. EXPEDITED PROCESSING OF IRAQI REFUGEES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
cooperation with the Secretary of State, shall make every effort to
streamline the screening and security investigations processes for
assessing the eligibility of Iraqi applicants for refugee status in the
United States.
(b) Prioritization.--In carrying out subsection (a), the Secretary
shall--
(1) give priority to Iraqis who--
(A) were employed by the United States Government,
United States companies, and nongovernmental
organizations; or
(B) are members of particularly vulnerable refugee
populations, including Iraqis from ethnically mixed
families and Iraqis who are members of religious or
other minority groups; and
(2) increase by 100 percent the number of personnel of the
Department of Homeland Security who conduct security reviews of
Iraqi applicants for refugee status in the United States.
(c) Numbers.--For each of fiscal years 2008, 2009, and 2010, up to
20,000 Iraqis may be accepted into the United States as refugees under
this section.
SEC. 9. INTERNATIONAL COOPERATION.
The Secretary of State, in cooperation with the Secretary of
Homeland Security, shall work with the international community,
including the United Nations, the Organization for Security and
Cooperation in Europe, the European Union, the Organization of American
States, the Association of Southeast Asian Nations, and others to
establish mechanisms to provide--
(1) financial assistance to Iraqi refugee and IDP
populations through bilateral assistance to host governments or
through international organizations that are working directly
with such refugee and internally displaced populations;
(2) technical and financial assistance to international
organizations in order to process refugees; and
(3) increased attention to and advocacy on behalf of Iraqi
refugees and IDPs by continuing to strongly support the work of
the UNHCR and its donor conferences.
SEC. 10. REPORT TO CONGRESS.
Not later than 180 days after the date of the enactment of this Act
and every six months thereafter, the Secretary of State shall submit to
the Committee on Foreign Affairs and the Committee on the Judiciary of
the House of Representatives and the Committee on Foreign Relations and
the Committee on the Judiciary of the Senate a report regarding
implementation of this Act, including--
(1) assistance and funding to host countries and
international aid organizations and nongovernmental
organizations pursuant to section 5, and accountability reports
regarding how such funds are being expended;
(2) measures taken by the United States to increase its
capabilities to process Iraqi refugees for resettlement and the
number of Iraqi refugees resettled under sections 7 and 8; and
(3) an evaluation of the effectiveness of measures
implemented by agencies of the Government of Iraq to provide
direct assistance to IDPs and Iraqi refugees in neighboring
countries. | Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act of 2007 - Directs the Secretary of State, with respect to each country containing a significant population of Iraqi refugees or internally displaced persons including Iraq, Jordan, Syria, Turkey, Iran, and Lebanon, to provide bilateral assistance or funding to international aid organizations and nongovernmental organizations for humanitarian assistance, including adequate food, shelter, clean drinking water, sanitation, health care, education, and security.
Directs the Secretary of Homeland Security to establish a program to assist Jordanian border police, immigration officers, and other individuals responsible for Jordanian border security in the security screening of Iraqi refugees.
Authorizes special immigrant status for an alien (and accompanying or joining spouse and children) who: (1) is a national of Iraq; (2) was employed by, or worked for or with, the U.S. government, U.S. companies, or nongovernmental organizations in Iraq on or after March 19, 2003, for at least one year; and (3) fears reprisal, persecution, injury, or death to the alien or the alien's family due to such employment. Directs the Secretary of State to provide such alien with protection or immediate removal from Iraq.
Directs the Secretary of Homeland Security to provide for expedited processing of Iraqi refugees, with priority for Iraqis who: (1) were employed by the U.S. government, U.S. companies, or nongovernmental organizations; or (2) are members of vulnerable refugee populations, including Iraqis from ethnically mixed families and Iraqis who are members of religious or other minority groups.
Directs the Secretary of State to work with the international community to assist Iraqi refugees and internally displaced persons. | {"src": "billsum_train", "title": "To address the impending humanitarian crisis and security breakdown as a result of the mass influx of Iraqi refugees into neighboring countries, and the growing internally displaced population in Iraq, by increasing directed accountable assistance to these populations and their host countries, increasing border security, and facilitating the resettlement of Iraqis at risk."} | 3,215 | 370 | 0.599842 | 1.915233 | 0.75652 | 5.181538 | 9.390769 | 0.966154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for the Victims of Pan Am
103 Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) 270 people, including 189 Americans, were killed in the
terrorist bombing of Pan Am Flight 103 over Lockerbie, Scotland
on December 21, 1988;
(2) On January 31, 2001 the three judges of the Scottish
court meeting in the Netherlands to try the two Libyan suspects
in the bombing of Pan Am 103 found that ``the conception,
planning and execution of the plot which led to the planting of
the explosive device was of Libyan origin'';
(3) The Court found conclusively that Abdel Basset Ali
Megrahi ``caused an explosive device to detonate on board Pan
Am 103'' and sentenced him to a life term in prison;
(4) The Court accepted the evidence that Abdel Basset Ali
Megrahi was a member of the Jamahiriyah Security Organization,
one of the main Libyan intelligence services;
(5) United Nations Security Council Resolutions 731 and 748
of 1992 applied economic sanctions against Libya until Libya
extradited the Pan Am 103 suspects and cooperated with the
court, and, although the United Nations has suspended the
sanctions, the Secretary-General's report of June 30, 1999,
which stated that Libya was cooperating with the court did not
recommend permanently dropping the sanctions.
(6) The United Nations Security Council has required Libya
to pay compensation to the families of the victims of Pan Am
103 if the suspects are found guilty, and end support for
international terrorism before multilateral sanctions can be
permanently lifted;
SEC. 3. DEFINITIONS.
In this Act:
(1) Government of libya.--The term ``Government of Libya''
includes any agency or instrumentality of the Government of
Libya.
(2) United states assistance.--The term ``United States
assistance'' means--
(A) any assistance under the Foreign Assistance Act
of 1961 (including programs under title IV of chapter
2, relating to the Overseas Private Investment
Corporation);
(B) sales, or financing on any terms, under the
Arms Export Control Act;
(C) the provision of agricultural commodities under
the Agricultural Trade Development and Assistance Act
of 1954; and
(D) financing under the Export-Import Bank Act of
1945.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Libya and its leader, Moammar
Gaddafi, should be condemned, in the strongest possible terms,
for support of international terrorism, including the bombing
of Pan Am 103;
(2) the Government of Libya should immediately make a full
and complete public accounting of and apology for the bombing
of Pan Am 103 and provide adequate and due compensation to the
families of the victims of Pan Am 103;
(3) the President, Secretary of State, and other United
States Government officials should encourage other countries to
maintain international sanctions against Libya until Libya
provides a full and complete public accounting and apology and
accepted public responsibility for the bombing of Pan Am 103,
pays compensation to the families of the victims of Pan Am 103,
and ends support for international terrorism;
(4) the President should instruct the United States
Permanent Representative to the United Nations to encourage the
members of the United Nations Security Council to maintain
United Nations sanctions against Libya until Libya provides a
full and complete public accounting and apology and accepted
public responsibility for the bombing of Pan Am 103, pays
compensation to the families of the victims of Pan Am 103, and
ends support for international terrorism, and to oppose any
efforts to lift United Nations sanctions until these conditions
are met; and
(5) the President should consult fully with Congress in
considering policy toward Libya.
SEC. 5. POLICY OF THE UNITED STATES TOWARD LIBYA.
(a) In General.--It shall be the policy of the United States to
oppose the removal of United Nations sanctions, United States sanctions
(including sanctions imposed pursuant to the authorities of law
specified in subsection (b)), the travel ban, and all other United
States restrictions on Libya until the conditions specified in section
7 have been satisfied.
(b) Covered Sanctions.--The authorities of law specified in this
subsection are the following:
(1) The International Security and Development Cooperation
Act of 1981 (Public Law 97-113).
(2) The International Security and Development Cooperation
Act of 1985 (Public Law 99-83).
(3) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1994 (Public Law 103-87).
(4) The Iran and Libya Sanctions Act of 1996 (Public Law
104-172).
SEC. 6. PROHIBITION ON UNITED STATES ASSISTANCE FOR LIBYA.
Notwithstanding any other provision of law, United States
assistance shall not be provided to the Government of Libya until the
President determines and certifies to the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives that the conditions specified in section 7
have been satisfied.
SEC. 7. CONDITIONS.
The conditions specified in this section are the following:
(1) All cases of United States nationals who were victims
of Libyan terrorism have been resolved.
(2) The Government of Libya has provided compensation to
the families of the victims of Pan Am 103.
(3) The Government of Libya has provided a full and
complete public accounting and apology and accepted public
responsibility for the bombing.
(4) The Government of Libya has taken real and concrete
steps to end support for international terrorism. | Justice for the Victims of Pan Am 103 Act of 2001 - Expresses the sense of Congress that: (1) the Government of Libya and its leader, Moammar Gaddafi, should be condemned for support of international terrorism, including the bombing of Pan Am 103; (2) the Government of Libya should make a full apology for the bombing of Pan Am 103 and provide adequate compensation to the families of the victims; and (3) the President, the Secretary of State, and other Government officials should encourage other countries to maintain international sanctions (including United Nations (UN) sanctions) against Libya until the requirements of this Act are met.Declares it shall be U.S. policy to oppose the removal of UN sanctions, U.S. sanctions, the travel ban, and all other U.S. restrictions on Libya until certain conditions with respect to Libya and international terrorism and Pan Am 103 are met. Prohibits U.S. assistance to the Government of Libya until the President certifies to specified congressional committees that such conditions are met. | {"src": "billsum_train", "title": "A bill to provide for United States policy toward Libya."} | 1,216 | 227 | 0.574127 | 1.835136 | 0.694606 | 4.596859 | 6.167539 | 0.921466 |
.
The district courts of the United States shall have original
jurisdiction over civil actions to enforce the provisions of this Act,
including authority to issue declaratory judgments pursuant to section
2201 of title 28, United States Code, and, notwithstanding the
provisions of section 1341 of such title, injunctive relief, as
necessary to carry out any provision of this Act.
SEC. 4. DEFINITIONS AND EFFECTIVE DATE.
(a) Definitions.--For purposes of this Act:
(1) Marketplace provider.--The term ``marketplace
provider'' includes any person, other than a seller, who
facilitates a sale. For purposes of this subsection, a person
facilitates a sale when the person both--
(A) lists or advertises products for sale in any
forum, including a catalog or Internet Web site; and
(B) either directly or indirectly through
agreements or arrangements with third parties, collects
gross receipts from the customer and transmits those
receipts to the marketplace seller, whether or not such
person deducts any fees or other amounts from those
receipts prior to transferring them to the marketplace
seller.
(2) Marketplace seller.--The term ``marketplace seller''
means a person that has any sales facilitated by a marketplace
provider.
(3) Person.--The term ``person'' has the meaning given such
term by section 1 of title 1, United States Code. Each
corporation that is a member of a group of affiliated
corporations, whether unitary or not, is itself a separate
person.
(4) Product.--The term ``product'' includes any good or
service, tangible or intangible.
(5) Referrer.--The term ``referrer'' shall mean every
person who--
(A) contracts or otherwise agrees with a seller to
list multiple products for sale and the sales prices
thereof in any forum, including a catalog or Internet
Web site;
(B) receives a fee, commission, or other
consideration from a seller for the listing;
(C) transfers, via telephone, Internet link, or
otherwise, a customer to the seller or the seller's Web
site to complete a purchase; and
(D) does not collect receipts from the customer for
the transaction.
(6) Regulate.--The term ``regulate'' means to impose a
standard or requirement on the production, manufacture or post-
sale disposal of any product sold or offered for sale in
interstate commerce as a condition of sale in a State when--
(A) such production or manufacture occurs in
another State;
(B) such requirement is in addition to the
requirements applicable to such production or
manufacture pursuant to Federal law and the laws of the
State and locality in which such production or
manufacture occurs;
(C) such imposition is not otherwise expressly
permitted by Federal law; and
(D) such requirement is enforced by a State's
executive branch or its agents or contractors.
(7) Seller.--The term ``seller'' does not include--
(A) any marketplace provider (except with respect
to the sale through the marketplace of products owned
by the marketplace provider);
(B) any referrer;
(C) any carrier, in which the seller does not have
an ownership interest, providing transportation or
delivery services with respect to tangible personal
property; and
(D) any credit card issuer, transaction or billing
processor, or other financial intermediary.
(8) Similar tax.--The term ``similar tax'' means a tax that
is imposed with respect to the sale or use of a product,
regardless of whether the tax is imposed on the person making
the sale or the purchaser, with the right or obligation of the
person making the sale to obtain reimbursement for the amount
of the tax from the purchaser at the time of the transaction.
(9) State.--The term ``State'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States and includes any
political subdivision thereof.
(10) Tax.--The term ``tax'' means to--
(A) impose an obligation on a person for--
(i) the collection of a sales, use, or
similar tax; or
(ii) the reporting of any information with
respect thereto;
(B) assess a sales, use or similar tax on a person;
(C) treat a person as doing business in a State for
purposes of such a tax; or
(D) impose on a business or its non-resident
owners, directly or indirectly through mechanisms such
as combined reporting or consolidated returns, a net
income tax or any other business activity tax measured
by the amount of, or economic results of, business or
related activity conducted in or derived from sources
in the State.
(b) Effective Date.--This Act shall apply with respect to calendar
quarters beginning on or after January 1, 2018. | No Regulation Without Representation Act of 2017 This bill prohibits a state from taxing or regulating a person's activity in interstate commerce unless the person is physically present in the state during the period in which the tax or regulation is imposed. A person is physically present if the person's business activities in the state include: maintaining a commercial or legal domicile in the state; owning, holding, leasing, or maintaining certain property in the state; having one or more employees, agents, or independent contractors in the state who provide on-site design, installation, or repair services on behalf of the remote seller; having one or more employees, exclusive agents or exclusive independent contractors present in the state who engage in activities that substantially assist the person to establish or maintain a market in the state; or regularly employing three or more employees in the state. The bill specifies certain activities and agreements that indicate a de minimis physical presence that is excluded from the definition of "physical presence." The bill also specifies that U.S. district courts have original jurisdiction over civil actions to enforce this bill. | {"src": "billsum_train", "title": "No Regulation Without Representation Act of 2017"} | 1,087 | 238 | 0.381367 | 1.162327 | 0.588486 | 1.201878 | 4.816901 | 0.600939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficiency Investment Act of
2001''.
SEC. 2. CREDIT FOR CERTAIN ENERGY EFFICIENT PROPERTY IN RESIDENCES AND
BUSINESSES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 30A the following new section:
``SEC. 30B. CERTAIN ENERGY EFFICIENT PROPERTY IN RESIDENCES AND
BUSINESSES.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 25 percent of the amount paid or incurred by the taxpayer for
qualified energy property placed in service or installed by the
taxpayer during such taxable year.
``(b) Qualified Energy Property.--For purposes of this section, the
term `qualified energy property' means any property--
``(1) which is--
``(A) an energy efficient building envelope
component which is Energy Star qualified, and
``(B) any energy efficient heating or cooling
equipment (including boilers) which is Energy Star
qualified,
``(2) which, in the case of an individual, is installed in
or on an existing residence--
``(A) located in the United States, and
``(B) owned and used by the taxpayer as the
taxpayer's principal residence at the time the property
is placed in service or installed,
``(3) the original use of which commences with the
taxpayer, and
``(4) which has a useful life of at least 5 years.
``(c) Other Definitions.--For purposes of this section--
``(1) Building envelope component.--The term `building
envelope component' shall have the same meaning as set forth in
section 434.201 of title 10 of the Code of Federal Regulations.
``(2) Principal residence.--The term `principal residence'
shall have the same meaning as when used in section 121.
``(3) Energy star qualified.--The term `Energy Star
qualified' means property which--
``(A) meets the guidelines, specifications, and
performance levels of the Energy Star program jointly
managed by the Environmental Protection Agency and the
Department of Energy, including guidelines,
specifications, and performance levels for the climate
region in which a residence is located, and
``(B) displays the Energy Star label at the time
the property is placed in service or installed.
``(d) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
part (other than under this section and subpart C
thereof, relating to refundable credits) and section
1397E.
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) exceeds the limitation imposed by
paragraph (1) for such taxable year, such excess shall be
carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year.
``(e) Special Rules.--For purposes of this section:
``(1) Tenant-stockholder in cooperative housing
corporation.--In the case of an individual who is a tenant-
stockholder (as defined in section 216(b)(2)) in a cooperative
housing corporation (as defined in section 216(b)(1)), such
individual shall be treated as having paid his tenant-
stockholder's proportionate share (as defined in section
216(b)(3)) of any expenditures paid or incurred for qualified
energy property by such corporation, and such credit shall be
allocated appropriately to such individual.
``(2) Condominiums.--
``(A) In general.--In the case of an individual who
is a member of a condominium management association
with respect to a condominium which he owns, such
individual shall be treated as having paid his
proportionate share of expenditures paid or incurred
for qualified energy property by such association, and
such credit shall be allocated appropriately to such
individual.
``(B) Condominium management association.--For
purposes of this paragraph, the term `condominium
management association' means an organization which
meets the requirements of section 528(c)(2) with
respect to a condominium project of which substantially
all of the units are used by individuals as residences.
``(3) Expenditures for labor included.--For purposes of
this section, the amount paid or incurred by the taxpayer for
qualified energy property shall also include expenditures for
labor costs properly allocable to the onsite preparation,
assembly, and installation of such property.
``(4) Allocation to nonbusiness use in certain cases.--In
the case of an individual, if less than 80 percent of the use
of qualified energy property placed in service or installed is
for nonbusiness purposes, only that portion of the expenditure
paid or incurred for such property which is properly allocable
to use for nonbusiness purposes shall be eligible for the
credit provided by this section.
``(f) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section for any expenditure with respect to a
residence or other property, the basis of such residence or other
property shall be reduced by the amount of the credit so allowed.
``(g) Applicability.--Subsection (a) shall apply to qualified
energy property placed in service or installed on or after January 1,
2001.''.
(b) Conforming Amendment.--Subsection (a) of section 1016 of such
Code (relating to general rule for adjustments to basis) is amended by
striking ``and'' at the end of paragraph (26), by striking the period
at the end of paragraph (27) and inserting ``, and'', and by adding at
the end the following new paragraph:
``(28) in the case of a residence or other property with
respect to which a credit was allowed under section 30B, to the
extent provided in section 30B(f).''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 30A the following new
item:
``Sec. 30B. Certain energy efficient
property in residences and
businesses.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2001. | Energy Efficiency Investment Act of 2001 - Amends the Internal Revenue Code to allow a limited credit for qualified energy property (certain building envelope components or heating or cooling equipment) placed in service or installed in a U.S.-sited principal residence. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain energy efficient property placed in service or installed in an existing principal residence or property used by businesses."} | 1,513 | 55 | 0.552525 | 1.309649 | 0.761525 | 2.55814 | 31.604651 | 0.883721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guantanamo Detainees Procedures Act
of 2005''.
SEC. 2. AUTHORITY OF EXECUTIVE BRANCH TO DETAIN PERSONS COVERED BY THIS
ACT AS UNLAWFUL COMBATANTS.
(a) Finding.--Congress finds that the executive branch has
authority to detain persons covered by this Act as unlawful combatants.
(b) Persons Covered by This Act.--In this Act, the term ``person
covered by this Act'' means an individual who--
(1) is accused of knowingly--
(A) planning, authorizing, committing, aiding, or
abetting one or more terrorist acts against the United
States; or
(B) being part of or supporting forces engaged in
armed conflict against the United States;
(2) is not a United States person or lawful permanent
resident; and
(3) is not a prisoner of war within the meaning of the
Geneva Convention Relative to the Treatment of Prisoners of
War, done on August 12, 1949.
SEC. 3. RIGHT OF PERSON DETAINED AS UNLAWFUL COMBATANT OR ON SIMILAR
BASIS TO CHALLENGE THAT BASIS.
(a) In General.--Whenever the United States detains a person
covered by this Act on the basis of a determination that the person can
be detained as an unlawful combatant or can be detained on any similar
basis, the person is entitled to a hearing under this section as
expeditiously as practicable but not later than 6 months after the date
on which the United States first made the determination.
(b) Requirements for Hearing.--A hearing required by subsection (a)
must meet the following requirements:
(1) The hearing officer is an active member of one of the
Courts of Criminal Appeals of the Armed Forces.
(2) The hearing officer has authority to decide de novo
whether the basis of a determination under subsection (a) is
valid and to grant appropriate relief if the hearing officer
decides that the basis is invalid.
(3) The hearing officer is impartial in fact, and is in a
position independent from--
(A) the individuals who first determined that the
person can be detained; and
(B) the individuals on whose orders the person is
being detained.
(4) The person is provided with access to the evidence that
tends to support the determination that the person can be
detained.
(5) The person is provided with an opportunity to address
the hearing officer, and is provided with an interpreter for
that purpose.
(c) Administrative Review.--The Secretary of Defense shall conduct
administrative review of the activities of a hearing officer under this
section.
SEC. 4. RIGHT OF PERSON DETAINED TO DISPOSITION WITHIN 2 YEARS.
(a) In General.--Whenever the United States detains a person
covered by this Act on the basis of a determination that the person can
be detained as an unlawful combatant or can be detained on any similar
basis, the person is entitled to a disposition under this section not
later than 2 years after the date on which the United States first made
the determination.
(b) Requirements for Disposition.--A disposition under this section
is any one of the following:
(1) Repatriation to the governing authority in the area in
which the person was first detained or the person's country of
origin, except where there are substantial grounds to believe
that the person would be in danger of being subjected to
torture.
(2) The commencement, by formal charges, of prosecution in
an appropriate court, which may include an extraordinary
tribunal under section 5 of this Act, an international criminal
tribunal, or a district court of the United States.
(c) Extension.--
(1) Certification.--The period required by subsection (a)
for the repatriation of the person or the commencement of
formal charges may be extended if the Secretary of Defense
certifies, in writing, with respect to the person that the
Secretary of Defense has determined that the person is a
continuing threat to the national security of the United States
due to a likelihood that the person will undertake terrorist or
belligerent acts against the United States based on the
person's past conduct, level of authority within the group or
organization, statement and actions during confinement, age and
health, psychological profile, and other pertinent factors, and
the repatriation of the person or the commencement of formal
charges will compromise the national security of the United
States by curtailing intelligence gathering from the person,
jeopardize intelligence sources necessary to prosecute the
person, or other extraordinary circumstances justify the
extension.
(2) Detailed basis.--A certification under this subsection
must include a detailed account of the factual basis for that
determination.
(3) Access to certification.--A person covered by a
certification under this subsection is entitled to an
unclassified copy of the certification.
(4) Duration of certification.--A certification under this
subsection is effective for not more than 1 year. The Secretary
may make successive certifications with respect to a person so
long as each additional certification is made while an imminent
threat to national security continues to be posed by the group
or organization in which the person is a member or by other
persons associated with, or acting on behalf of, the group,
organization, or person.
(5) Judicial review.--The United States Court of Appeals
for the Armed Forces shall provide judicial review with respect
to any issue under this subsection, including whether the
determination of the Secretary under paragraph (1) is justified
by the factual basis under paragraph (2).
SEC. 5. EXTRAORDINARY TRIBUNALS.
(a) Authority.--The President is hereby authorized to establish
tribunals for the trial of persons covered by this Act.
(b) Jurisdiction.--Tribunals established under subsection (a) may
adjudicate violations of the law of war, international laws of armed
conflict, and crimes against humanity targeted against United States
persons or residents.
(c) Authority to Establish Procedural Rules.--The Secretary of
Defense, in consultation with the Secretary of State and the Attorney
General, shall prescribe and publish in the Federal Register, and
report to the Committees on the Judiciary of the Senate and the House
of Representatives, the rules of evidence and procedure that are to
apply to tribunals established under subsection (a).
SEC. 6. PROCEDURAL REQUIREMENTS.
(a) In General.--The rules prescribed for a tribunal under section
5(c) shall be designed to ensure a full and fair hearing of the charges
against the accused. The rules shall require the following:
(1) That the tribunal be independent and impartial.
(2) That the accused be notified of the particulars of the
offense charged or alleged without delay.
(3) That the proceedings be made simultaneously
intelligible for participants not conversant in the English
language by translation or interpretation.
(4) That the evidence supporting each alleged offense be
given to the accused, except as provided in subsection (d).
(5) That the accused have the opportunity to be present at
trial.
(6) That the accused have a right to be represented by
counsel.
(7) That the accused have the opportunity--
(A) to respond to the evidence supporting each
alleged offense;
(B) to obtain exculpatory evidence from the
prosecution; and
(C) to present exculpatory evidence.
(8) That the accused have the opportunity to confront and
cross-examine adverse witnesses and to offer witnesses.
(9) That the proceeding and disposition be expeditious.
(10) That the tribunal apply reasonable rules of evidence
designed to ensure admission only of reliable information or
material with probative value.
(11) That the accused be afforded all necessary means of
defense before and after the trial.
(12) That conviction of an alleged offense not be based
upon an act, offense, or omission that was not an offense under
law when it was committed.
(13) That the penalty for an offense not be greater than it
was when the offense was committed.
(14) That the accused--
(A) be presumed innocent until proven guilty, and
(B) not be found guilty except upon proof beyond a
reasonable doubt.
(15) That the accused not be compelled to confess guilt or
testify against himself.
(16) That, subject to subsections (c) and (d), the trial be
open and public and include public availability of the
transcripts of the trial and the pronouncement of judgment.
(17) That a convicted person be informed of remedies and
appeals and the time limits for the exercise of the person's
rights to the remedies and appeals under the rules.
(18) That a preliminary proceeding be held within 30 days
of detention to determine whether there is jurisdiction under
section 4 over the person and the offenses charged. The
preliminary proceeding may be continued for an additional 30
days for good cause shown.
(19) That the privilege of the writ of habeas corpus under
title 28, United States Code, or under any other provision of
law not be infringed.
(20) That the tribunal be comprised of a military judge and
not less than five members.
(b) Imposition of the Death Penalty.--The requirements of the
Uniform Code of Military Justice for the imposition of the death
penalty shall apply in any case in which a tribunal established under
section 5 is requested to adjudge the death penalty.
(c) Public Proceedings.--Any proceedings conducted by a tribunal
established under section 5, and the proceedings on any appeal of an
action of the tribunal, shall be accessible to the public consistent
with any demonstrable necessity to secure the safety of observers,
witnesses, tribunal judges, counsel, or other persons.
(d) Confidentiality of Evidence.--Evidence available from an agency
of the Federal Government that is offered in a trial by a tribunal
established under section 5 may be kept secret from the public only
when the head of the agency personally certifies in writing that
disclosure will cause--
(1) identifiable harm to the prosecution of military
objectives;
(2) significant, identifiable harm to intelligence sources
or methods; or
(3) substantial risk that such evidence could be used for
planning future terrorist attacks.
(e) Review.--
(1) Procedures required.--The Secretary of Defense shall
provide for prompt review of convictions by tribunals
established under section 5 to ensure that the procedural
requirements of a full and fair hearing have been met and that
the evidence reasonably supports the convictions.
(2) United states court of appeals for the armed forces.--
The procedures established under paragraph (1) shall, at a
minimum, allow for review of the proceedings of the tribunals,
and the convictions and sentences of such tribunals, by the
United States Court of Appeals for the Armed Forces established
under the Uniform Code of Military Justice.
(3) Supreme court.--The decisions of the United States
Court of Appeals for the Armed Forces regarding proceedings of
tribunals established under section 5 shall be subject to
review by the Supreme Court by writ of certiorari.
SEC. 7. ANNUAL REPORT ON PERSONS COVERED BY THIS ACT WHO ARE DETAINED
AS UNLAWFUL COMBATANTS BY THE UNITED STATES.
(a) Report Required.--The Secretary of Defense shall submit to
Congress an annual report on persons covered by this Act who are
detained as unlawful combatants by the United States.
(b) Current Detainees.--The report shall include, for each person
currently so detained, the following:
(1) The name and nationality of the person.
(2) The period during which the person has been so
detained.
(3) A description of the specific process afforded to the
person under sections 3 and 4 of this Act and the outcome of
those processes.
(c) Former Detainees.--The report shall include, for each person
formerly so detained, the following:
(1) The name and nationality of the person.
(2) The terms of the conditional release agreement with
respect to the person.
(3) A statement of the basis for the determination of the
United States Government that release was warranted.
(4) The period during which the person was so detained,
including the release date of the person.
(d) Classification.--The report required by this section shall be
submitted in unclassified form, but may include a classified annex. | Guantanamo Detainees Procedures Act of 2005 - Requires that, whenever the United States detains a person on the basis that such person can be detained as an unlawful combatant or other similar basis, the person is entitled to a hearing as expeditiously as possible, but no later than six months after the determination. Requires hearing disposition within two years of such determination, with an authorized extension if the person is determined to be a continuing threat to U.S. national security.
Authorizes the President to establish tribunals for the trial of persons covered under this Act. Outlines procedural requirements.
Requires an annual report from the Secretary of Defense to Congress on persons covered by this Act who are detained as unlawful combatants.
Includes as covered by this Act a person who: (1) is accused of knowingly planning, authorizing, committing, aiding, or abetting one or more terrorist acts against the United States or being part of, or supporting, forces engaged in armed conflict against the United States; (2) is not a U.S. person or lawful permanent resident; and (3) is not a prisoner of war. | {"src": "billsum_train", "title": "To affirm the authority of the executive branch to detain foreign nationals as unlawful combatants, to enable a person detained as an unlawful combatant to challenge the basis for that detention and to receive a disposition within 2 years, to provide for the President to establish military tribunals to try such persons, and for other purposes."} | 2,695 | 258 | 0.700862 | 1.933027 | 0.909892 | 4.298578 | 11.909953 | 0.933649 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Emergency Centers
Establishment Act''.
SEC. 2. ESTABLISHMENT OF NATIONAL EMERGENCY CENTERS.
(a) In General.--In accordance with the requirements of this Act,
the Secretary of Homeland Security shall establish not fewer than 6
national emergency centers on military installations.
(b) Purpose of National Emergency Centers.--The purpose of a
national emergency center shall be to use existing infrastructure--
(1) to provide temporary housing, medical, and humanitarian
assistance to individuals and families dislocated due to an
emergency or major disaster;
(2) to provide centralized locations for the purposes of
training and ensuring the coordination of Federal, State, and
local first responders;
(3) to provide centralized locations to improve the
coordination of preparedness, response, and recovery efforts of
government, private, and not-for-profit entities and faith-
based organizations; and
(4) to meet other appropriate needs, as determined by the
Secretary of Homeland Security.
SEC. 3. DESIGNATION OF MILITARY INSTALLATIONS AS NATIONAL EMERGENCY
CENTERS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of Defense, shall designate not fewer
than 6 military installations as sites for the establishment of
national emergency centers.
(b) Minimum Requirements.--A site designated as a national
emergency center shall be--
(1) capable of meeting for an extended period of time the
housing, health, transportation, education, public works,
humanitarian and other transition needs of a large number of
individuals affected by an emergency or major disaster;
(2) environmentally safe and shall not pose a health risk
to individuals who may use the center;
(3) capable of being scaled up or down to accommodate major
disaster preparedness and response drills, operations, and
procedures;
(4) capable of housing existing permanent structures
necessary to meet training and first responders coordination
requirements during nondisaster periods;
(5) capable of hosting the infrastructure necessary to
rapidly adjust to temporary housing, medical, and humanitarian
assistance needs;
(6) required to consist of a complete operations command
center, including 2 state-of-the art command and control
centers that will comprise a 24/7 operations watch center as
follows:
(A) one of the command and control centers shall be
in full ready mode; and
(B) the other shall be used daily for training; and
(7) easily accessible at all times and be able to
facilitate handicapped and medical facilities, including during
an emergency or major disaster.
(c) Location of National Emergency Centers.--There shall be
established not fewer than one national emergency center in each of the
following areas:
(1) The area consisting of Federal Emergency Management
Agency Regions I, II, and III.
(2) The area consisting of Federal Emergency Management
Agency Region IV.
(3) The area consisting of Federal Emergency Management
Agency Regions V and VII.
(4) The area consisting of Federal Emergency Management
Agency Region VI.
(5) The area consisting of Federal Emergency Management
Agency Regions VIII and X.
(6) The area consisting of Federal Emergency Management
Agency Region IX.
(d) Preference for Designation of Closed Military Installations.--
Wherever possible, the Secretary of Homeland Security, in consultation
with the Secretary of Defense, shall designate a closed military
installation as a site for a national emergency center. If the
Secretaries of Homeland Security and Defense jointly determine that
there is not a sufficient number of closed military installations that
meet the requirements of subsections (b) and (c), the Secretaries shall
jointly designate portions of existing military installations other
than closed military installations as national emergency centers.
(e) Transfer of Control of Closed Military Installations.--If a
closed military installation is designated as a national emergency
center, not later than 180 days after the date of designation, the
Secretary of Defense shall transfer to the Secretary of Homeland
Security administrative jurisdiction over such closed military
installation.
(f) Cooperative Agreement for Joint Use of Existing Military
Installations.--If an existing military installation other than a
closed military installation is designated as a national emergency
center, not later than 180 days after the date of designation, the
Secretary of Homeland Security and the Secretary of Defense shall enter
into a cooperative agreement to provide for the establishment of the
national emergency center.
(g) Reports.--
(1) Preliminary report.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Homeland
Security, acting jointly with the Secretary of Defense, shall
submit to Congress a report that contains for each designated
site--
(A) an outline of the reasons why the site was
selected;
(B) an outline of the need to construct, repair, or
update any existing infrastructure at the site;
(C) an outline of the need to conduct any necessary
environmental clean-up at the site;
(D) an outline of preliminary plans for the
transfer of control of the site from the Secretary of
Defense to the Secretary of Homeland Security, if
necessary under subsection (e); and
(E) an outline of preliminary plans for entering
into a cooperative agreement for the establishment of a
national emergency center at the site, if necessary
under subsection (f).
(2) Update report.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Homeland
Security, acting jointly with the Secretary of Defense, shall
submit to Congress a report that contains for each designated
site--
(A) an update on the information contained in the
report as required by paragraph (1);
(B) an outline of the progress made toward the
transfer of control of the site, if necessary under
subsection (e);
(C) an outline of the progress made toward entering
a cooperative agreement for the establishment of a
national emergency center at the site, if necessary
under subsection (f); and
(D) recommendations regarding any authorizations
and appropriations that may be necessary to provide for
the establishment of a national emergency center at the
site.
(3) Final report.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland Security,
acting jointly with the Secretary of Defense, shall submit to
Congress a report that contains for each designated site--
(A) finalized information detailing the transfer of
control of the site, if necessary under subsection (e);
(B) the finalized cooperative agreement for the
establishment of a national emergency center at the
site, if necessary under subsection (f); and
(C) any additional information pertinent to the
establishment of a national emergency center at the
site.
(4) Additional reports.--The Secretary of Homeland
Security, acting jointly with the Secretary of Defense, may
submit to Congress additional reports as necessary to provide
updates on steps being taken to meet the requirements of this
Act.
SEC. 4. LIMITATIONS ON STATUTORY CONSTRUCTION.
This Act does not affect--
(1) the authority of the Federal Government to provide
emergency or major disaster assistance or to implement any
disaster mitigation and response program, including any program
authorized by the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.); or
(2) the authority of a State or local government to respond
to an emergency.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $180,000,000 for each of
fiscal years 2008 and 2009 to carry out this Act. Such funds shall
remain available until expended.
SEC. 6. DEFINITIONS.
In this Act, the following definitions apply:
(1) Closed military installation.--The term ``closed
military installation'' means a military installation, or
portion thereof, approved for closure or realignment under the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) that
meet all, or 2 out, of the 3 following requirements:
(A) Is located in close proximity to a
transportation corridor.
(B) Is located in a State with a high level or
threat of disaster related activities.
(C) Is located near a major metropolitan center.
(2) Emergency.--The term ``emergency'' has the meaning
given such term in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
(3) Major disaster.--The term ``major disaster'' has the
meaning given such term in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
(4) Military installation.--The term ``military
installation'' has the meaning given such term in section 2910
of the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). | National Emergency Centers Establishment Act - Directs the Secretary of Homeland Security to establish at least six national emergency centers on military installations to use existing infrastructure to provide: (1) temporary housing, medical, and humanitarian assistance to individuals and families dislocated due to an emergency or major disaster; and (2) centralized locations for the training of first responders and the coordination of preparedness, response, and recovery efforts.
Lists minimum requirements for sites for such centers, including that they be capable of: (1) meeting for an extended period the housing, health, transportation, education, public works, humanitarian, and other transition needs of a large number of individuals affected; (2) being scaled up or down to accommodate major disaster preparedness and response drills, operations, and procedures; (3) housing existing permanent structures necessary to meet training and first responders coordination requirements during non-disaster periods; and (4) hosting the infrastructure necessary to rapidly adjust to temporary housing, medical, and humanitarian assistance needs.
Sets forth center location requirements, including requiring the Secretary to designate closed military installations as sites whenever possible and to designate portions of existing military installations as centers otherwise. | {"src": "billsum_train", "title": "To direct the Secretary of Homeland Security to establish national emergency centers on military installations."} | 1,951 | 237 | 0.750976 | 2.110098 | 1.047763 | 4.828194 | 8.207048 | 0.951542 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mike Mansfield Fellowship Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) because Senator Mike Mansfield served his country with
distinction and has had a lasting impact on America's
relationship with Japan during his tenure in the Senate and
later as the United States Ambassador to Japan, it is a fitting
tribute to establish in his name the following Fellowship for
promising officials of the Federal Government;
(2) Japan is America's second largest trading partner, the
second biggest investor in the United States, and America's
most serious economic competitor;
(3) despite the challenge and importance of Japan to the
United States, few Americans speak Japanese or understand how
the country and its government work; and
(4) key agencies of the United States Government involved
in United States-Japan relations often lack sufficient
personnel versed in the functioning of the Japanese
policymaking apparatus.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to enable the United States Government to respond more
effectively to the Japanese challenge; and
(2) to provide officials from any branch of the United
States Government with intensive Japanese language training and
placement as a Fellow in the Government of Japan.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(1) the term ``agency of the United States Government''
includes any agency of the legislative branch and any court of
the judicial branch as well as any agency of the executive
branch;
(2) the term ``agency head'' means--
(A) in the case of the executive branch of
Government or an agency of the legislative branch other
than the House of Representatives or the Senate, the
head of the respective agency;
(B) in the case of the judicial branch of
Government, the chief judge of the respective court;
(C) in the case of the Senate, the President pro
tempore, in consultation with the Majority Leader and
Minority Leader of the Senate; and
(D) in the case of the House of Representatives,
the Speaker of the House, in consultation with the
Majority Leader and Minority Leader of the House;
(3) the term ``Board'' means the Mike Mansfield Fellowship
Review Board; and
(4) the term ``Center'' means the Mansfield Center for
Pacific Affairs.
SEC. 5. ESTABLISHMENT OF FELLOWSHIP PROGRAM.
(a) Establishment.--(1) There is hereby established the ``Mike
Mansfield Fellowship Program'' pursuant to which the Director of the
United States Information Agency will make grants to the Mansfield
Center for Pacific Affairs to award fellowships to eligible United
States citizens for periods of 2 years each (or, pursuant to section
7(5)(C), for such shorter period of time as the Center may determine
based on a Fellow's level of proficiency in the Japanese language or
knowledge of the political economy of Japan) as follows:
(A) During the first year each fellowship recipient will
study the Japanese language as well as Japan's political
economy.
(B) During the second year each fellowship recipient will
serve as a Fellow in a parliamentary office, ministry, or other
agency of the Government of Japan or, subject to the approval
of the Center, a nongovernmental Japanese institution
associated with the interests of the fellowship recipient,
consistent with the purposes of this Act.
(2) Fellowships under this Act may be known as ``Mansfield
Fellowships'', and individuals awarded such fellowships may be known as
``Mansfield Fellows''.
(b) Eligibility of Center for Grants.--Grants may be made to the
Center under this section only if the Center agrees to comply with the
requirements of section 7.
(c) International Agreement.--As the program established under this
section can succeed only with the full and willing cooperation of the
Government of Japan, the Director of the United States Information
Agency should enter into negotiations for an agreement with the
Government of Japan for the purpose of placing Fellows in the
Government of Japan.
(d) Use of Federal Facilities.--The Foreign Service Institute is
authorized and encouraged to assist, on a reimbursable basis, in
carrying out Japanese language training by the Center through the
provision of classroom space, teaching materials, and facilities, to
the extent that such provision is not detrimental to the Institute's
carrying out its other responsibilities under law.
SEC. 6. FUNDING.
(a) Private Sources.--The Center is authorized to accept, use, and
dispose of gifts or donations of services or property in carrying out
the fellowship program, subject to the review and approval of the Board
described in section 9.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Information Agency--
(1) for fiscal year 1994, $1,213,000,
(2) for fiscal year 1995, $2,289,000,
(3) for fiscal year 1996, $2,403,000, and
(4) for fiscal year 1997, $1,553,000,
to fund three two-year classes of Fellows to carry out this Act.
SEC. 7. PROGRAM REQUIREMENTS.
The program established under this Act shall comply with the
following requirements:
(1) United States citizens who are eligible for fellowships
under this Act shall be employees of the Federal Government
having at least two years experience in any branch of the
Government, a strong career interest in United States-Japan
relations, and a demonstrated commitment to further service in
the Federal Government.
(2) Not less than 10 fellowships shall be awarded each
year.
(3) Mansfield Fellows shall agree--
(A) to maintain satisfactory progress in language
training and appropriate behavior in Japan, as
determined by the Center, as a condition of continued
receipt of Federal funds; and
(B) to return to the Federal Government for further
employment for a period of at least 2 years following
the end of their fellowships, unless, in the
determination of the Center, the Fellow is unable (for
reasons beyond the Fellow's control and after receiving
assistance from the Center as provided in paragraph
(8)) to find reemployment for such period.
(4) During the period of the fellowship, the Center shall
provide each Mansfield Fellow--
(A) a stipend at a rate of pay equal to the rate of
pay that individual was receiving when he or she
entered the program, plus a cost-of-living adjustment
calculated at the same rate of pay, and for the same
period of time, for which such adjustments were made to
the salaries of individuals occupying competitive
positions in the civil service during the same period
as the fellowship; and
(B) certain allowances and benefits as that
individual would have been entitled to, but for his or
her separation from Government service, as a United
States Government civilian employee overseas under the
Standardized Regulations (Government Civilians, Foreign
Areas) of the Department of State, as follows: a living
quarters allowance to cover the cost of housing in
Japan, a post allowance to cover the significantly
higher costs of living in Japan, a temporary quarters
subsistence allowance for up to 7 days for Fellows
unable to find housing immediately upon arrival in
Japan, an education allowance to assist parents in
providing their children with educational services
ordinarily provided without charge by United States
public schools, moving expenses of up to $3,000 for
personal belongings of Fellows and their families in
their move to Japan and up to $500 for Fellows residing
outside the Washington, D.C. area in moving to the
Washington, D.C. area, and one-round-trip economy-class
airline ticket to Japan for each Fellow and the
Fellow's immediate family.
(5)(A) For the first year of each fellowship, the Center
shall provide Fellows with intensive Japanese language training
in the Washington, D.C., area, as well as courses in the
political economy of Japan.
(B) Such training shall be of the same quality as training
provided to Foreign Service officers before they are assigned
to Japan.
(C) The Center may waive any or all of the training
required by subparagraph (A) to the extent that a Fellow has
Japanese language skills or knowledge of Japan's political
economy, and the 2 year fellowship period shall be shortened to
the extent such training is less than one year.
(6) Any Mansfield Fellow not complying with the
requirements of this section shall reimburse the United States
Information Agency for the Federal funds expended for the
Fellow's participation in the fellowship, together with
interest on such funds (calculated at the prevailing rate), as
follows:
(A) Full reimbursement for noncompliance with
paragraph (3)(A) or (9); and
(B) pro rata reimbursement for noncompliance with
paragraph (3)(B) for any period the Fellow is
reemployed by the Federal Government that is less than
the period specified in paragraph (3)(B), at a rate
equal to the amount the Fellow received during the
final year of the fellowship for the same period of
time, including any allowances and benefits provided
under paragraph (4).
(7) The Center shall select Mansfield Fellows based solely
on merit. The Center shall make positive efforts to recruit
candidates reflecting the cultural, racial, and ethnic
diversity of the United States.
(8) The Center shall assist any Mansfield Fellow in finding
employment in the Federal Government if such Fellow was not
able, at the end of the fellowship, to be reemployed in the
agency from which he or she separated to become a Fellow.
(9) No Mansfield Fellow may engage in any intelligence or
intelligence-related activity on behalf of the United States
Government.
(10) The accounts of the Center shall be audited annually
in accordance with generally accepted auditing standards by
independent certified public accountants or independent
licensed public accountants, certified or licensed by a
regulatory authority of a State or other political subdivision
of the United States. The audit shall be conducted at the place
or places where the accounts of the Center are normally kept.
All books, accounts, financial records, files, and other
papers, things, and property belonging to or in use by the
Center and necessary to facilitate the audit shall be made
available to the person or persons conducting the audit, and
full facilities for verifying transactions with the balances or
securities held by depositories, fiscal agents, and custodians
shall be afforded to such person or persons.
(11) The Center shall provide a report of the audit to the
Board no later than six months following the close of the
fiscal year for which the audit is made. The report shall set
forth the scope of the audit and include such statements,
together with the independent auditor's opinion of those
statements, as are necessary to present fairly the Center's
assets and liabilities, surplus or deficit, with reasonable
detail, including a statement of the Center's income and
expenses during the year, including a schedule of all contracts
and grants requiring payments in excess of $5,000 and any
payments of compensation, salaries, or fees at a rate in excess
of $5,000 per year. The report shall be produced in sufficient
copies for the public.
SEC. 8. SEPARATION OF GOVERNMENT PERSONNEL DURING THE FELLOWSHIPS.
(a) Separation.--Under such terms and conditions as the agency head
may direct, any agency of the United States Government may separate
from Government service for a specified period any officer or employee
of that agency who accepts a fellowship under the program established
by this Act.
(b) Reemployment.--Any Mansfield Fellow, at the end of the
fellowship, is entitled to be reemployed in the same manner as if
covered by section 3582 of title 5, United States Code.
(c) Rights and Benefits.--Notwithstanding section 8347(o), 8713, or
8914 of title 5, United States Code, and in accordance with regulations
of the Office of Personnel Management, an employee, while serving as a
Mansfield Fellow, is entitled to the same rights and benefits as if
covered by section 3582 of title 5, United States Code. The Center
shall reimburse the employing agency for any costs incurred under
section 3582 of title 5, United States Code.
(d) Compliance With Budget Act.--Funds are available under this
section to the extent and in the amounts provided in appropriation
Acts.
SEC. 9. MANSFIELD FELLOWSHIP REVIEW BOARD.
(a) Establishment.--There is hereby established the Mansfield
Fellowship Review Board.
(b) Composition.--The Board shall be composed of 11 individuals, as
follows:
(1) The Secretary of State, or the Secretary's designee.
(2) The Secretary of Defense, or the Secretary's designee.
(3) The Secretary of the Treasury, or the Secretary's
designee.
(4) The Secretary of Commerce, or the Secretary's designee.
(5) The United States Trade Representative, or the Trade
Representative's designee.
(6) The Chief Justice of the United States, or the Chief
Justice's designee.
(7) The Majority Leader of the Senate, or the Majority
Leader's designee.
(8) The Minority Leader of the Senate, or the Minority
Leader's designee.
(9) The Speaker of the House of Representatives, or the
Speaker's designee.
(10) The Minority Leader of the House of Representatives,
or the Minority Leader's designee.
(11) The Director of the United States Information Agency,
who shall serve as the chairperson of the Board, or the
Director's designee.
(c) Functions.--(1) The Board shall review the administration of
the program assisted under this Act.
(2)(A) Each year at the time of the submission of the President's
budget request to the Congress, the Board shall submit to the President
and the Congress a report completed by the Center with the approval of
the Board on the conduct of the program during the preceding year.
(B) Each such report shall contain--
(i) an analysis of the assistance provided under the
program for the previous fiscal year and the nature of the
assistance provided;
(ii) an analysis of the performance of the individuals who
received assistance under the program during the previous
fiscal year, including the degree to which assistance was
terminated under the program and the extent to which individual
recipients failed to meet their obligations under the program;
and
(iii) an analysis of the results of the program for the
previous fiscal year, including, at a minimum, the cumulative
percentage of individuals who received assistance under the
program who subsequently became employees of the United States
Government and, in the case of individuals who did not
subsequently become employees of the United States Government,
an analysis of the reasons why they did not become employees
and an explanation as to what use, if any, was made of the
assistance given to those recipients.
(d) Compensation.--Members of the Board shall not be paid
compensation for services performed on the Board.
(e) Availability of Support Staff.--The Director of the United
States Information Agency is authorized to provide for necessary
secretarial and staff assistance for the Board.
(f) Relationship to Federal Advisory Committee Act.--The Federal
Advisory Committee Act shall not apply to the Board to the extent that
the provisions of this section are inconsistent therewith. | Mike Mansfield Fellowship Act - Establishes the Mike Mansfield Fellowship Program. Requires the Director of the U.S. Information Agency (USIA) to make grants to the Mansfield Center for Pacific Affairs to award two-year fellowships to eligible Federal employees. Requires Mansfield Fellows to: (1) study the Japanese language and political economy; and (2) serve in an agency of the Government of Japan, or, subject to Center approval, a nongovernmental Japanese institution associated with the interests.
Requires the Center to comply with specified program requirements in order to be eligible for such grants.
Authorizes the Director to enter into an arrangement with the Government of Japan to place Fellows. Authorizes the Foreign Service Institute to assist in carrying out Japanese language training by the Center. Authorizes appropriations.
Requires that the Federal employees eligible for such fellowships have: (1) at least two years' experience in any branch of the U.S. Government; and (2) a strong career interest in U.S.-Japan relations and a commitment to further Federal service. Requires at least ten fellowships to be awarded annually. Prohibits Mansfield Fellows from engaging in any intelligence-related activity on behalf of the U.S. Government.
Allows Federal agencies to separate Fellows from service for a specified period but provides for reemployment rights and the continuation of certain employee benefits.
Establishes the Mansfield Fellowship Review Board. | {"src": "billsum_train", "title": "Mike Mansfield Fellowship Act"} | 3,288 | 321 | 0.550746 | 1.862843 | 0.859447 | 2.606061 | 11.984848 | 0.878788 |
SECTION 1. INCREASED FLEXIBILITY RELATING TO USE OF INFORMATION
SUBMITTED TO DETERMINE ELIGIBILITY UNDER PROGRAMS UNDER
THE NATIONAL SCHOOL LUNCH ACT AND THE CHILD NUTRITION ACT
OF 1966.
Section 9(b)(5) of the National School Lunch Act (42 U.S.C.
1758(b)(5)) is amended by adding at the end the following new
sentences: ``Except as provided in the next sentence, a local agency
responsible for administering programs under this Act or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall use information
submitted for the purpose of receiving benefits under such programs
only for the purpose of determining eligibility for such benefits. Such
local agency may use such eligibility determination to demonstrate the
eligibility for benefits under other Federal, State, or local means-
tested nutrition programs with comparable eligibility standards.''.
SEC. 2. CLOC PROGRAMS UNDER THE NATIONAL SCHOOL LUNCH ACT.
Section 18(b) of the National School Lunch Act (42 U.S.C. 1769(b))
is amended--
(1) in paragraph (1)--
(A) in the 1st sentence, by striking ``, and ending
September 30, 1994''; and
(B) in the 2nd sentence, by striking ``under this
subsection'' and inserting ``under this paragraph'';
and
(2) by adding at the end the following new paragraphs:
``(3)(A) The Secretary shall, upon the request of a school district
located in a State in which no commodity letter of credit (hereafter in
this paragraph referred to as `CLOC') programs exist, establish and
carry out a CLOC demonstration program for such school district under
which the Secretary provides commodity letters of credit in lieu of all
entitlement commodities for the school lunch program of such school
district.
``(B) The Secretary may establish and carry out not more than 1
CLOC demonstration program for any State.
``(C) A CLOC demonstration program established and carried out
under this paragraph shall begin on the first July 1st which occurs
after the date of the enactment of this paragraph.
``(D) The Secretary shall establish eligibility requirements for
school districts that desire to participate in a CLOC demonstration
program under this paragraph.
``(4)(A) The Secretary shall establish and carry out a statewide
commodity letter of credit (hereafter in this paragraph referred to as
`CLOC') demonstration program in 1 State under which the Secretary
provides all school districts in such State commodity letters of credit
in lieu of all entitlement commodities for the school lunch programs of
such school districts.
``(B) The Secretary may establish and carry out the statewide CLOC
demonstration program under this paragraph only in a State in which, on
the date of the application by such State to the Secretary to establish
such program, 80 percent or more of the school districts participating
in the school lunch program under this Act have elected to participate
in the statewide CLOC demonstration program.
``(C) In carrying out the statewide CLOC demonstration program, the
Secretary shall provide that--
``(i) all commodity letters of credit be issued to all
school districts in the State in lieu of entitlement
commodities for the school lunch program beginning on the first
July 1st which occurs after the date of the enactment of this
paragraph;
``(ii) child care agencies and nutrition programs for the
elderly in the State shall be allowed to participate in the
program; and
``(iii) the State agencies responsible for commodity
distribution to child and elderly nutrition programs shall
administer the program.''.
SEC. 3. PROGRAM TO INCREASE OFFERINGS OF FRESH FRUITS AND VEGETABLES
UNDER THE NATIONAL SCHOOL LUNCH ACT.
Section 18 of the National School Lunch Act (42 U.S.C. 1769) is
amended by adding at the end the following new subsection:
``(e)(1) The Secretary shall establish a program beginning on the
first July 1st which occurs after the date of the enactment of this
subsection to assist schools in offering greater quantities of fresh
fruits and vegetables to students in order to improve the overall
nutritional quality of meals served under the school lunch program
established under this Act.
``(2) The Secretary shall establish procedures under which all
schools currently participating in the school lunch program established
under this Act may apply to participate in the program.
``(3)(A) Subject to subparagraph (B), the Secretary shall, for each
fiscal year in which a school participates in the program, provide
commodity letters of credit to such school in an amount equal to 10
percent of the total commodity entitlement of such school under section
6 for each such fiscal year to be used for the purchase of fresh fruits
and vegetables under the program.
``(B) The Secretary shall, for each fiscal year described in
subparagraph (A), reduce the amount of the total commodity entitlement
of such school under section 6 by the amount described in such
subparagraph.
``(4) Not later than 2 years after the date of the establishment of
the program, the Secretary shall report to the appropriate committees
of the Congress on the impact of the program on participating schools,
including--
``(A) the extent to which children at such schools
increased consumption of fresh fruits and vegetables; and
``(B) the effectiveness of the program in removing desired
commodities from the market place and the timeliness of such
removal.''. | Amends the National School Lunch Act to permit eligibility information submitted under such Act or under the Child Nutrition Act of 1966 to be used for similar purposes under other nutrition programs with comparable standards.
Amends commodity letter of credit (CLOC) demonstration program provisions to: (1) make permanent the cash-CLOC program; and (2) require the creation of one statewide demonstration program if 80 percent of a State's schools agree to participate.
Provides for the increased offering of fresh fruits and vegetables under the school lunch program. | {"src": "billsum_train", "title": "To amend the National School Lunch Act to provide increased flexibility relating to the use of information submitted to determine eligibility under programs under that Act and the Child Nutrition Act of 1966, to provide for the establishment of commodity letter of credit (CLOC) demonstration programs in certain States, and to establish a program to assist schools in offering greater quantities of fresh fruits and vegetables under the school lunch program."} | 1,206 | 109 | 0.6156 | 1.513277 | 0.766431 | 2.368932 | 10.786408 | 0.834951 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expatriate Terrorist Act''.
SEC. 2. LOSS OF NATIONALITY DUE TO SUPPORT OF TERRORISM.
Section 349(a) of the Immigration and Nationality Act (8 U.S.C.
1481(a)) is amended to read as follows:
``(a) In General.--A person who is a national of the United States
whether by birth or naturalization, shall lose his or her nationality
by voluntarily performing any of the following acts with the intention
of relinquishing United States nationality:
``(1) Obtaining naturalization in a foreign state upon his
or her own application or upon an application filed by a duly
authorized agent, after having attained 18 years of age.
``(2) Taking an oath or making an affirmation or other
formal declaration of allegiance to a foreign state, a
political subdivision thereof, or a foreign terrorist
organization designated under section 219, after having
attained 18 years of age.
``(3) Entering, or serving in, the armed forces of a
foreign state or a foreign terrorist organization designated
under section 219 if--
``(A) such armed forces are engaged in hostilities
against the United States; or
``(B) such persons serve as a commissioned or
noncommissioned officer.
``(4) Becoming a member of, or providing training or
material assistance to, any foreign terrorist organization
designated under section 219.
``(5) Accepting, serving in, or performing the duties of
any office, post, or employment under the government of a
foreign state, a political subdivision thereof, or a foreign
terrorist organization designated under section 219 if--
``(A) the person knowingly has or acquires the
nationality of such foreign state; or
``(B) an oath, affirmation, or declaration of
allegiance to the foreign state, political subdivision,
or designated foreign terrorist organization is
required for such office, post, or employment.
``(6) Making a formal renunciation of United States
nationality before a diplomatic or consular officer of the
United States in a foreign state, in such form as may be
prescribed by the Secretary of State.
``(7) Making in the United States a formal written
renunciation of nationality in such form as may be prescribed
by, and before such officer as may be designated by, the
Attorney General, whenever the United States shall be in a
state of war and the Attorney General shall approve such
renunciation as not contrary to the interests of national
defense.
``(8)(A) Committing any act of treason against, or
attempting by force to overthrow, or bearing arms against, the
United States;
``(B) violating or conspiring to violate any of the
provisions of section 2383 of title 18, United States Code;
``(C) willfully performing any act in violation of section
2385 of title 18, United States Code; or
``(D) violating section 2384 of such title by engaging in a
conspiracy to overthrow, put down, or to destroy by force the
Government of the United States, or to levy war against them,
if and when such person is convicted thereof by a court martial
or by a court of competent jurisdiction.''.
SEC. 3. REVOCATION OR DENIAL OF PASSPORTS AND PASSPORT CARDS TO
INDIVIDUALS WHO ARE MEMBERS OF FOREIGN TERRORIST
ORGANIZATIONS.
The Act entitled ``An Act to regulate the issue and validity of
passports, and for other purposes'', approved July 3, 1926 (22 U.S.C.
211a et seq.), which is commonly known as the ``Passport Act of 1926'',
is amended by adding at the end the following:
``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT CARD.
``(a) Ineligibility.--
``(1) Issuance.--The Secretary of State shall not issue a
passport or passport card to any individual whom the Secretary
has determined is a member, or is attempting to become a
member, of an organization the Secretary has designated as a
foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
``(2) Revocation.--The Secretary of State shall revoke a
passport or passport card previously issued to any individual
described in paragraph (1).
``(b) Right of Review.--Any person who, in accordance with this
section, is denied issuance of a passport or passport card by the
Secretary of State, or whose passport or passport card is revoked or
otherwise restricted by the Secretary of State, may request a due
process hearing not later than 60 days after receiving such notice of
the nonissuance, revocation, or restriction.''. | Expatriate Terrorist Act This bill amends the Immigration and Nationality Act to include among the grounds for loss of U.S. nationality by a native-born or naturalized citizen: taking an oath or making a declaration of allegiance to a foreign terrorist organization after attaining the age of 18; entering, or serving in, a foreign terrorist organization; becoming a member of or providing training or material assistance to a foreign terrorist organization; and accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state, a political subdivision, or a foreign terrorist organization if the person knowingly has or acquires the nationality of such foreign state, or an oath, affirmation, or declaration of allegiance to the foreign state, political subdivision, or designated foreign terrorist organization is required for such office, post, or employment. The Passport Act of 1926 is amended to: prohibit the Secretary of State from issuing a passport or passport card to an individual who is a member, or attempting to become a member, of a foreign terrorist organization; and direct the Secretary to revoke a passport or passport card previously issued to any such individual. A person who is denied issuance of a passport or passport card or whose passport or passport card is revoked or otherwise restricted may request a due process hearing not later than 60 days after receiving notice of the nonissuance, revocation, or restriction. | {"src": "billsum_train", "title": "Expatriate Terrorist Act"} | 1,120 | 327 | 0.698073 | 1.984445 | 0.892317 | 5.184783 | 3.532609 | 0.90942 |
SECTION 1. FINDINGS.
The Congress finds as follows:
(1) The United States is facing a continuing crisis in
writing in schools and in the workplace.
(2) Nationwide reports show that nearly \1/3\ of high
school graduates are not ready for college-level English
composition courses.
(3) Writing is a threshold skill for both employment and
promotion; deficiencies in writing skills have resulted in
annual private-sector costs for providing writing training as
high as $3,100,000,000.
(4) Writing is a central feature in State and local
educational standards in all disciplines.
(5) Since 1973, the only national program to address the
writing problem in the Nation's schools has been the National
Writing Project's network of collaborative university-school
programs.
(6) Evaluations of the National Writing Project document
significant gains in student performance in writing and
effective classroom practices.
(7) The National Writing Project has become a model for
programs to improve teaching in such other fields as
mathematics, science, history, civics and government,
geography, reading and literature, technology, performing arts,
and foreign languages.
(8) Each year, more that 135,000 teachers directly benefit
from National Writing Project programs in nearly 200 sites
located in all 50 States, the District of Columbia, Puerto
Rico, and the U.S. Virgin Islands.
SEC. 2. REAUTHORIZATION.
Subpart 2 of part C of title II of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6701 et seq.) is amended to read as
follows:
``Subpart 2--National Writing Project
``SEC. 2331. PURPOSES.
``The purposes of this subpart are--
``(1) to support and promote the expansion of the National
Writing Project network of sites so that teachers in every
region of the United States will have access to a National
Writing Project program;
``(2) to ensure the consistent high quality of the sites
through ongoing review, evaluation, and technical assistance;
``(3) to support and promote the establishment of programs
to disseminate effective practices and research findings about
the teaching of writing; and
``(4) to coordinate activities assisted under this subpart
with activities assisted under this Act.
``SEC. 2332. NATIONAL WRITING PROJECT.
``(a) Authorization.--The Secretary is authorized to award a grant
to the National Writing Project, a nonprofit educational organization
that has as its primary purpose the improvement of the quality of
student writing and learning (hereafter in this section referred to as
the `grantee') to improve the teaching of writing and the use of
writing as a part of the learning process in our Nation's classrooms.
``(b) Requirements of Grant.--The grant shall provide that--
``(1) the grantee will enter into contracts with
institutions of higher education or other nonprofit educational
providers (hereafter in this section referred to as
`contractors') under which the contractors will agree to
establish, operate, and provide the non-Federal share of the
cost of teacher training programs in effective approaches and
processes for the teaching of writing;
``(2) funds made available by the Secretary to the grantee
pursuant to any contract entered into under this section will
be used to pay the Federal share of the cost of establishing
and operating teacher training programs as provided in
paragraph (1); and
``(3) the grantee will meet such other conditions and
standards as the Secretary determines to be necessary to assure
compliance with the provisions of this section and will provide
such technical assistance as may be necessary to carry out the
provisions of this section.
``(c) Teacher Training Programs.--The teacher training programs
authorized in subsection (a) shall--
``(1) be conducted during the school year and during the
summer months;
``(2) train teachers who teach grades kindergarten through
college;
``(3) select teachers to become members of a National
Writing Project teacher network whose members will conduct
writing workshops for other teachers in the area served by each
National Writing Project site; and
``(4) encourage teachers from all disciplines to
participate in such teacher training programs.
``(d) Federal Share.--
``(1) In general.--Except as provided in paragraph (2) or
(3) and for purposes of subsection (a), the term `Federal
share' means, with respect to the costs of teacher training
programs authorized in subsection (a), 50 percent of such costs
to the contractor.
``(2) Waiver.--The Secretary may waive the provisions of
paragraph (1) on a case-by-case basis if the National Advisory
Board described in subsection (e) determines, on the basis of
financial need, that such waiver is necessary.
``(3) Maximum.--The Federal share of the costs of teacher
training programs conducted pursuant to subsection (a) may not
exceed $150,000 for any one contractor, or $300,000 for a
statewide program administered by any one contractor in at
least five sites throughout the State.
``(e) National Advisory Board.--
``(1) Establishment.--The National Writing Project shall
establish and operate a National Advisory Board.
``(2) Composition.--The National Advisory Board established
pursuant to paragraph (1) shall consist of--
``(A) national educational leaders;
``(B) leaders in the field of writing; and
``(C) such other individuals as the National
Writing Project determines necessary.
``(3) Duties.--The National Advisory Board established
pursuant to paragraph (1) shall--
``(A) advise the National Writing Project on
national issues related to student writing and the
teaching of writing;
``(B) review the activities and programs of the
National Writing Project; and
``(C) support the continued development of the
National Writing Project.
``(f) Evaluation.--
``(1) In general.--The Secretary shall conduct an
independent evaluation by grant or contract of the teacher
training programs administered pursuant to this subpart. Such
evaluation shall specify the amount of funds expended by the
National Writing Project and each contractor receiving
assistance under this section for administrative costs. The
results of such evaluation shall be made available to the
appropriate committees of Congress.
``(2) Funding limitation.--The Secretary shall reserve not
more than $150,000 from the total amount appropriated pursuant
to the authority of subsection (h) for fiscal year 2008, and
such sums as may be necessary for each of the 5 succeeding
fiscal years, to conduct the evaluation described in paragraph
(1).
``(g) Application Review.--
``(1) Review board.--The National Writing Project shall
establish and operate a National Review Board that shall
consist of--
``(A) leaders in the field of research in writing;
and
``(B) such other individuals as the National
Writing Project deems necessary.
``(2) Duties.--The National Review Board shall--
``(A) review all applications for assistance under
this subsection; and
``(B) recommend applications for assistance under
this subsection for funding by the National Writing
Project.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this subpart $30,000,000 for fiscal year 2008
and such sums as may be necessary for each of the 5 succeeding fiscal
years.''. | Amends the Elementary and Secondary Education Act of 1965 to raise monetary caps on the federal share of National Writing Project teacher training costs.
Reauthorizes the National Writing Project through FY2013. | {"src": "billsum_train", "title": "To reauthorize the National Writing Project."} | 1,566 | 41 | 0.485527 | 1.159622 | 0.924882 | 2.411765 | 45.647059 | 0.823529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Trafficking
Prevention Act of 2006''.
SEC. 2. FINDINGS AND PURPOSE.
Congress finds--
(1) legislation has been enacted to curb domestic
methamphetamine production;
(2) according to the President's Synthetic Drug Control
Strategy, border seizures of methamphetamine almost doubled
between 2000 and 2004;
(3) as much as 75 to 85 percent of the methamphetamine used
in the United States is made from precursors in the
international stream of commerce;
(4) successful exchange programs between the Drug
Enforcement Administration and Mexican law enforcement
officials have helped aid in methamphetamine lab seizures and
limiting methamphetamine production in Mexico; and
(5) the goal of United States policy should be directed
toward curbing the spread of methamphetamine abuse and
manufacture.
SEC. 3. METHAMPHETAMINE COLLECTION AND DETECTION.
(a) Border Technology Grant Program.--
(1) In general.--Section 2996 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797cc) is amended by
adding at the end the following:
``(b) Border Technology Grants Program.--
``(1) In general.--The Attorney General, through the Bureau
of Justice Assistance in the Office of Justice Programs, may
make grants to States and eligible private entities to use
technology or aerial surveillance to detect methamphetamine and
its precursors on the border of the United States (in this part
referred to as the `Border Technology Grants Program').
``(2) Criteria.--A State or eligible private entity
desiring a grant under the Border Technology Grants Program
shall demonstrate that the project for which the State or
eligible private entity seeks a grant incorporates a viable use
of technology or aerial surveillance to detect methamphetamine
and its precursors on the border of the United States.
``(3) Detection.--In awarding grants under the Border
Technology Grants Program, the Director of the Bureau of
Justice Assistance shall consider technologies that can detect
active methamphetamine production sites on or near the border
of the United States through the use of hyperspectral sensors.
``(4) Definition.--In this subsection, the term `eligible
private entity' means an entity meeting such criteria as the
Director of the Bureau of Justice Assistance, in consultation
with the Commissioner for United States Customs and Border
Protection, shall establish, focusing on entities using
technology to identify methamphetamine or its precursors.''.
(2) Authorization of appropriations.--Section 2997 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797cc-1) is amended--
(A) by striking ``There are authorized'' and
inserting the following:
``(a) In General.--There are authorized''; and
(B) by adding at the end the following:
``(b) Border Technology Grants Program.--There are authorized to be
appropriated $15,000,000 for each of fiscal years 2007 through 2011, to
carry out the Border Technology Grants Program.''.
(b) Trace Chemical Detectors.--There are authorized to be
appropriated to the Drug Enforcement Administration $5,000,000 for each
of fiscal years 2007 through 2011, to deploy trace chemical detectors
(used to detect narcotics and explosive devices) along the border of
the United States.
SEC. 4. COORDINATION OF ANTI-METHAMPHETAMINE ACTIVITIES WITH OTHER
COUNTRIES.
(a) Trade Negotiations.--It is the sense of Congress that the
United States Trade Representative should consider ways to curb illicit
use and shipment of pseudoephedrine, ephedrine, and similar chemicals
in any multilateral or bilateral negotiations.
(b) Exchanges Between the Drug Enforcement Administration and
Foreign Law Enforcement.--
(1) In general.--The Administrator of the Drug Enforcement
Administration shall select foreign law enforcement officers to
participate in a special investigative program.
(2) Criteria.--In selecting foreign law enforcement
officers under paragraph (1) the Administrator--
(A) may select a police officer, prosecutor, or
other law enforcement officer from a country that
traffics methamphetamine or its precursors into the
United States; and
(B) shall select such officers in a manner that
maximizes the education and training efforts of the
United States.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 to carry out this section.
SEC. 5. REPORT TO CONGRESS ON METHAMPHETAMINE EFFORTS ON INDIAN
RESERVATIONS.
Not later than 180 days after the date of enactment of this Act,
the Attorney General shall submit a report to Congress regarding
problems faced by Indian reservations located on or near the border of
the United States with respect to methamphetamine trafficking and
abuse. | Methamphetamine Trafficking Prevention Act of 2006 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to states and private entities to use technology or aerial surveillance to detect methamphetamine (and its chemical precursors) on the U.S. border (Border Technology Grants Program).
Authorizes appropriations to the Drug Enforcement Administration (DEA) in FY2007-FY2011 to deploy trace chemical detectors for detecting narcotics and explosive devices along the U.S. border.
Expresses the sense of Congress that the U.S. Trade Representative should consider ways to curb illicit use and shipment of pseudoephedrine, ephedrine, and similar chemicals in any multilateral or bilateral negotiations.
Directs the DEA Administrator to establish an exchange program with foreign law enforcement officers from countries that traffic methamphetamine into the United States.
Directs the Attorney General to report to Congress on methamphetamine trafficking and abuse on Indian reservations on or near the U.S. border. | {"src": "billsum_train", "title": "A bill to end the flow of methamphetamine and precursor chemicals coming across the border of the United States."} | 1,121 | 239 | 0.618233 | 1.777419 | 0.953272 | 3.912791 | 5.395349 | 0.901163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``9/11 Memorial Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered memorial.--The term ``covered memorial'' means
a memorial located in the United States established to
commemorate the events of, and honor the victims of, the
terrorist attacks on the World Trade Center, the Pentagon, and
United Airlines Flight 93 on September 11, 2001, at the site of
the attacks.
(2) Eligible entity.--The term ``eligible entity'' means
the official organization, as in existence on the date of
enactment of this Act--
(A) the focus of which is the operations and
preservation of a covered memorial; and
(B) which is an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under 501(a) of that Code.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. COMPETITIVE GRANTS FOR COVERED MEMORIALS.
(a) In General.--Subject to the availability of appropriations, the
Secretary shall award to eligible entities competitive grants of
varying amounts, as determined by the Secretary, to be used by the
eligible entity solely for the purposes described in subsection (b).
(b) Purposes.--A grant awarded under subsection (a) shall be used
by an eligible entity for the operation, security, and maintenance of a
covered memorial.
(c) Deadline for Award.--If the Secretary, after review of an
application from an eligible entity, determines to award a grant to the
eligible entity, the Secretary shall award the grant not later than 60
days after the date of receipt of the completed application.
(d) Availability.--Grant funds made available under this section
shall remain available until expended.
(e) Criteria.--In awarding grants under this section, the Secretary
shall give greatest weight in the selection of eligible entities using
the following criteria:
(1) The needs of the eligible entity, and ability and
commitment of the eligible entity to use grant funds, with
respect to ensuring the security and safety of visitors of the
covered memorial.
(2) The ability of the eligible entity to match the amount
of the grant, on at least a 1-to-1 basis, with non-Federal
assets from non-Federal sources, including cash or durable
goods and materials fairly valued, as determined by the
Secretary.
(3) The greatest number of visitors that would benefit.
(4) The ability and commitment of an eligible entity to use
grant funds--
(A) to preserve the grounds at the covered
memorial; and
(B) to educate future generations.
(5) The ability and commitment of an eligible entity to use
grant funds to increase the numbers of economically
disadvantaged visitors to the covered memorial.
(f) Limitation.--No grant shall be awarded under this section--
(1) for use at a covered memorial that does not provide
for--
(A) free admission to all facilities and museums
associated with the covered memorial for active and
retired members of the military, registered first
responders to the attacks of September 11, 2001, and
family members of victims of the attacks of September
11, 2001; and
(B) dedicated free admission hours for the general
public at least once a week; or
(2) to an eligible entity that does not allow for annual
Federal audits of the financial statements of the eligible
entity, including revenues associated with ticket sales,
charitable donations, grants, and all expenditures on salaries
and operations, which shall be subject to review by the
Secretary and made available to the public.
(g) Reports.--Not later than 90 days after the end of each calendar
year for which an eligible entity obligates or expends any amounts made
available under a grant under this section, the eligible entity shall
submit to the Secretary and the appropriate committees of Congress a
report that--
(1) specifies the amount of grant funds obligated or
expended for the preceding fiscal year;
(2) specifies any purposes for which the funds were
obligated or expended; and
(3) includes any other information that the Secretary may
require to more effectively administer the grant program under
this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $25,000,000 for
each of fiscal years 2019 through 2023. | 9/11 Memorial Act This bill directs the Department of the Interior to award competitive grants for the continued operation, security, and maintenance of the on-site memorials to the events and victims of the September 11, 2001, terrorist attacks on the World Trade Center, the Pentagon, and United Airlines Flight 93. | {"src": "billsum_train", "title": "9/11 Memorial Act"} | 955 | 82 | 0.489871 | 1.301771 | 0.492323 | 4.109091 | 16.545455 | 0.872727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Health Care Staffing
Improvement Act''.
SEC. 2. PROGRAM TO INCREASE EFFICIENCY IN THE RECRUITMENT AND HIRING BY
THE DEPARTMENT OF VETERANS AFFAIRS OF HEALTH CARE WORKERS
UNDERGOING SEPARATION FROM THE ARMED FORCES.
(a) Program.--The Secretary of Veterans Affairs shall, in
coordination with the Secretary of Defense, carry out a program to
recruit individuals who are undergoing separation from the Armed Forces
and who served in a health care capacity while serving as a member of
the Armed Forces. The program shall be known as the ``Docs-to-Doctors
Program''.
(b) Sharing of Information.--
(1) Submittal of list.--For purposes of carrying out the
program, not less frequently than once per year (or a shorter
period that the Secretary of Veterans Affairs and the Secretary
of Defense may jointly specify), the Secretary of Defense shall
submit to the Secretary of Veterans Affairs a list of members
of the Armed Forces, including the reserve components, who--
(A) served in a health care capacity while serving
as a member of the Armed Forces;
(B) are undergoing or have undergone separation
from the Armed Forces during the period covered by the
list; and
(C) will be discharged from the Armed Forces under
honorable conditions, as determined by the Secretary of
Defense, or have been discharged from the Armed Forces
under honorable conditions during the period covered by
the list.
(2) Use of occupational codes.--Each list submitted under
paragraph (1) shall include members of the Armed Forces who
were assigned a Military Occupational Specialty code, an Air
Force Specialty Code, or a United States Navy rating indicative
of service in a health care capacity.
(3) Information included.--Each list submitted under
paragraph (1) shall include the following information, to the
extent such information is available to the Secretary of
Defense, with respect to each member of the Armed Forces
included in such list:
(A) Contact information.
(B) Rank upon separation from the Armed Forces.
(C) A description of health care experience while
serving as a member of the Armed Forces and other
relevant health care experience, including any relevant
credential, such as a certificate, certification, or
license, including the name of the institution or
organization that issued the credential.
(4) Consultation with secretary of homeland security.--In
submitting each list under paragraph (1), the Secretary of
Defense shall consult with the Secretary of Homeland Security
with respect to matters concerning the Coast Guard when it is
not operating as a service in the Navy.
(c) Resolution of Barriers to Employment.--
(1) In general.--In carrying out the program, the Secretary
of Veterans Affairs shall, in coordination with the Secretary
of Defense, work to resolve any barriers relating to
credentialing or to specific hiring rules, procedures, and
processes of the Department of Veterans Affairs that may delay
or prevent the hiring of individuals who are undergoing
separation from the Armed Forces and who served in a health
care capacity while serving as a member of the Armed Forces,
including by reconciling different credentialing processes and
standards between the Department of Veterans Affairs and the
Department of Defense.
(2) Report.--If the Secretary of Veterans Affairs
determines that a barrier described in paragraph (1) cannot be
resolved under such paragraph, the Secretary shall, not later
than 90 days after the discovery of the barrier, submit to
Congress a report that includes such recommendations for
legislative and administrative action as the Secretary
considers appropriate to resolve the barrier, including any
barrier imposed by a State.
(d) Treatment of Applications for Employment.--An application for
employment in the Department of Veterans Affairs in a health care
capacity received by the Secretary of Veterans Affairs from a member or
former member of the Armed Forces who is on a list submitted to the
Secretary under subsection (b) shall not be considered an application
from outside the work force of the Department for purposes of section
3330 of title 5, United States Code, and section 335.105 of title 5,
Code of Federal Regulations (as in effect on the date of the enactment
of this Act), if the application is received not later than one year
after the separation of the member or former member from the Armed
Forces.
SEC. 3. UNIFORM CREDENTIALING STANDARDS FOR CERTAIN HEALTH CARE
PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Subchapter II of chapter 74 of title 38, United
States Code, is amended by inserting after section 7423 the following
new section:
``Sec. 7423A. Personnel administration: uniform credentialing process.
``(a) Uniform Process.--The Secretary shall implement a uniform
credentialing process for employees of the Veterans Health
Administration for each position specified in section 7421(b) of this
title.
``(b) Recognition Throughout Administration.--If an employee of the
Administration in a position specified in section 7421(b) of this title
is credentialed under this section for purposes of practicing in a
location within the Administration, such credential shall be deemed to
be sufficient for the employee to practice in any location within the
Administration.
``(c) Renewal.--(1) Except as provided in paragraph (2), the
Secretary may provide for the renewal of credentials under this section
pursuant to such regulations as the Secretary may prescribe for such
purpose.
``(2) Renewal of credentials under this section may not be required
solely because an employee moves from one facility of the Department to
another.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 74 of such title is amended by inserting after the item
relating to section 7423 the following new item:
``7423A. Personnel administration: uniform credentialing process.''.
(c) Effective Date.--The Secretary of Veterans Affairs shall
implement the uniform credentialing process required under section
7423A of such title, as added by subsection (a), not later than one
year after the date of the enactment of this Act.
SEC. 4. PROVISION OF FULL PRACTICE AUTHORITY FOR ADVANCED PRACTICE
REGISTERED NURSES, PHYSICIAN ASSISTANTS, AND OTHER HEALTH
CARE PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Full Practice Authority.--The Secretary of Veterans Affairs
shall provide full practice authority to advanced practice registered
nurses, physician assistants, and such other licensed health care
professionals of the Department of Veterans Affairs as the Secretary
considers appropriate consistent with the education, training, and
certification of such health care professionals.
(b) Inapplicability of State Limitations.--Full practice authority
shall be provided by the Secretary under subsection (a) to health care
professionals described in that subsection without regard to any
limitation that would otherwise be imposed on the health care practice
of such professionals by a licensing or credentialing body of a State
or otherwise under State law.
(c) Definitions.--In this section:
(1) Advanced practice registered nurse.--The term
``advanced practice registered nurse'' has the meaning given
that term in section 5509(e)(1) of Public Law 111-148 (42
U.S.C. 1395ww note).
(2) Full practice authority.--The term ``full practice
authority'' means--
(A) with respect to an advanced practice registered
nurse, the full scope of practice for the area of
nursing practiced by the advanced practice registered
nurse as determined by the national professional
association or organization, a successor association or
organization, or any other appropriate entity as
determined by the Secretary for such area of nursing;
(B) with respect to a physician assistant, the full
scope of practice for the area of medicine practiced by
the physician assistant as determined by the national
professional association or organization, a successor
association or organization, or any other appropriate
entity as determined by the Secretary for such area of
medicine; and
(C) with respect to any other licensed health care
professional not specified in subparagraph (A) or (B),
the full scope of practice for the area of medicine
practiced by the licensed health care professional as
determined by the national professional association or
organization, a successor association or organization,
or any other appropriate entity as determined by the
Secretary for such area of medicine.
(3) Physician assistant.--The term ``physician assistant''
has the meaning given that term in section 1861(aa)(5)(A) of
the Social Security Act (42 U.S.C. 1395x(aa)(5)(A)). | Veterans Health Care Staffing Improvement Act This bill directs the Department of Veterans Affairs (VA) to carry out a Docs-to-Doctors Program to recruit individuals separating from the Armed Forces who served in a health care capacity in the Armed Forces. The VA shall: (1) implement a uniform credentialing process for certain health care employees of the Veterans Health Administration; and (2) provide full practice authority to advanced practice registered nurses, physician assistants, and such other licensed VA health care professionals as consistent with their education, training, and certification. | {"src": "billsum_train", "title": "Veterans Health Care Staffing Improvement Act"} | 1,959 | 119 | 0.534282 | 1.36057 | 0.552256 | 4.065421 | 16.056075 | 0.925234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Surviving Spouses Equity
Act''.
SEC. 2. REPEAL OF DEPENDENCY AND INDEMNITY COMPENSATION OFFSET FROM
SURVIVOR BENEFIT PLAN SURVIVING SPOUSE ANNUITIES AND
OPTIONAL ANNUITY AUTHORITY.
(a) Repeal.--Subsections (c), (e), and (k) of section 1450 of title
10, United States Code, and subsection (c)(2) of section 1451 of such
title are repealed.
(b) Recoupment of Certain Amounts Previously Refunded to SPB
Recipients.--
(1) Repayment required.--A surviving spouse who is in
receipt of an SBP annuity that is in effect before the
effective date of the amendments made by subsection (a) and
that is adjusted by reason of such amendments and who had
previously received an SBP retired pay refund shall repay an
amount determined under paragraph (2). Any such repayment shall
be made in the same manner as a repayment under subsection
(k)(2) of section 1450 of title 10, United States Code, as in
effect on the day before the effective date of such amendments.
(2) Amount of repayment.--The amount of a repayment under
paragraph (1) shall be the amount that bears the same ratio to
the amount of that refund as the surviving spouse's life
expectancy (determined in accordance with standard actuarial
practices) bears to the anticipated total duration of the
annuity (determined as the sum of such life expectancy and the
duration of the annuity already received)
(3) Waiver of repayment.--The Secretary of Defense may
waive the requirement that a surviving spouse make a repayment
under paragraph (1) if the Secretary determines that--
(A) hardship or other circumstances make repayment
unwarranted; or
(B) requiring repayment would otherwise not be in
the best interests of the United States.
(4) Definitions.--In this subsection:
(A) The term ``SBP annuity'' means an annuity under
the program established under subchapter II of chapter
73 of title 10, United States Code.
(B) The term ``SBP retired pay refund'' means a
refund under subsection (e) of section 1450 of title
10, United States Code, as in effect before the
effective date of the amendments made by subsection
(a).
(c) Repeal of Optional Annuity Authority.--Subsection (d) of
section 1448 of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``Except as provided in
paragraph (2)(B), the Secretary'' and inserting ``The
Secretary''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Payment of annuity to dependent children when no
eligible surviving spouse.--In the case of a member described
in paragraph (1), the Secretary concerned shall pay an annuity
under this subchapter to the member's dependent children under
section 1450(a)(2) of this title when there is no eligible
surviving spouse.''.
(d) Restoration of Eligibility for Previously Eligible Surviving
Spouses.--
(1) Restoration.--The Secretary of Defense shall restore
eligibility for an annuity under subchapter II of chapter 73 of
title 10, United States Code, to any eligible surviving spouse
who, before the effective date of the amendments made by
subsection (c), agreed to transfer payment of such annuity to a
surviving child or children of a member of the Armed Forces
under section 1448(d)(2)(B) of such title, as in effect before
such effective date. Such eligibility shall be restored whether
or not payment to such child or children subsequently was
terminated due to loss of dependent status or death.
(2) Definition.--In this subsection, the term ``eligible
surviving spouse'' includes a person who was previously
eligible for payment of such annuity as the spouse of a member
of the Armed Forces and is unremarried after the death of the
member, is remarried after having attained age 55, or whose
second or subsequent marriage has been terminated by death,
divorce, or annulment.
(e) Effective Date and Application of Amendments.--
(1) Effective date.--The amendments made by this section
shall take effect on the later of--
(A) October 1, 2007; and
(B) the date of the enactment of this Act.
(2) Applicability.--The amendments made by subsections (a)
and (c) shall apply with respect to payment of annuities under
subchapter II of chapter 73 of title 10, United States Code,
for months beginning on or after the effective date of such
amendments under paragraph (1). | Military Surviving Spouses Equity Act - Repeals, as of the later of October 1, 2007, or the date of enactment of this Act, certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military pay or who would be entitled to retired pay except for being under 60 years of age. Provides for the recoupment of certain amounts previously paid to SBP recipients in the form of a retired pay refund. Authorizes the Secretary of Defense to waive the recoupment requirement in certain cases. Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse. Directs the Secretary to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to repeal the offset from surviving spouse annuities under the military Survivor Benefit Plan for amounts paid by the Secretary of Veterans Affairs as dependency and indemnity compensation, to repeal the optional annuity authority for the dependent children of a member when there is an eligible surviving spouse, and for other purposes."} | 1,089 | 221 | 0.567996 | 1.774855 | 0.680794 | 2.08427 | 5.258427 | 0.859551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Reauthorization Tax Act of
2005''.
SEC. 2. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUNDS.
(a) Extension of Taxes.--
(1) In general.--The following provisions of the Internal
Revenue Code of 1986 are each amended by striking ``2005'' each
place it appears and inserting ``2011'':
(A) Section 4041(a)(1)(C)(iii)(I) (relating to rate
of tax on certain buses).
(B) Section 4041(a)(2)(B) (relating to rate of tax
on special motor fuels).
(C) Section 4041(m)(1) (relating to certain alcohol
fuels).
(D) Section 4051(c) (relating to termination of tax
on heavy trucks and trailers).
(E) Section 4071(d) (relating to termination of tax
on tires).
(F) Section 4081(d)(1) (relating to termination of
tax on gasoline, diesel fuel, and kerosene).
(G) Section 4481(f) (relating to period tax in
effect).
(H) Section 4482(c)(4) (relating to taxable
period).
(I) Section 4482(d) (relating to special rule for
taxable period in which termination date occurs).
(2) Floor stocks refunds.--Section 6412(a)(1) of such Code
(relating to floor stocks refunds) is amended--
(A) by striking ``2005'' each place it appears and
inserting ``2011'', and
(B) by striking ``2006'' each place it appears and
inserting ``2012''.
(b) Extension of Certain Exemptions.--The following provisions of
such Code are each amended by striking ``2005'' and inserting ``2011'':
(1) Section 4221(a) (relating to certain tax-free sales).
(2) Section 4483(h) (relating to termination of exemptions
for highway use tax).
(c) Extension of Deposits Into Trust Funds.--
(1) In general.--Paragraphs (1) and (2) of subsection (b),
and paragraphs (2) and (3) of subsection (c), of section 9503
of such Code (relating to the Highway Trust Fund) are each
amended--
(A) by striking ``2005'' each place it appears and
inserting ``2011'', and
(B) by striking ``2006'' each place it appears and
inserting ``2012''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (4)(A)(i) and (5)(A) of
section 9503(c) of such Code are each amended by
striking ``2005'' and inserting ``2011''.
(B) Conforming amendments to land and water
conservation fund.--Section 201(b) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
11(b)) is amended--
(i) by striking ``2003'' and inserting
``2009'', and
(ii) by striking ``2004'' each place it
appears and inserting ``2010''.
(d) Extension and Expansion of Expenditures From Trust Funds.--
(1) Highway trust fund.--
(A) Highway account.--Paragraph (1) of section
9503(c) of such Code is amended--
(i) in the matter before subparagraph (A),
by striking ``June 1, 2005'' and inserting
``October 1, 2009'',
(ii) by striking ``or'' at the end of
subparagraph (J),
(iii) by striking the period at the end of
subparagraph (K) and inserting ``, or'',
(iv) by inserting after subparagraph (K)
the following new subparagraph:
``(L) authorized to be paid out of the Highway
Trust Fund under the Transportation Equity Act: A
Legacy for Users.'', and
(v) in the matter after subparagraph (L),
as added by clause (iv), by striking ``Surface
Transportation Extension Act of 2004, Part V''
and inserting ``Transportation Equity Act: A
Legacy for Users''.
(B) Mass transit account.--Paragraph (3) of section
9503(e) of such Code is amended--
(i) in the matter before subparagraph (A),
by striking ``June 1, 2005'' and inserting
``October 1, 2009'',
(ii) by striking ``or'' at the end of
subparagraph (H),
(iii) by inserting ``or'' at the end of
subparagraph (I),
(iv) by inserting after subparagraph (I)
the following new subparagraph:
``(J) Transportation Equity Act: A Legacy for
Users,'', and
(v) in the matter after subparagraph (J),
as added by clause (iv), by striking ``Surface
Transportation Extension Act of 2004, Part V''
and inserting ``Transportation Equity Act: A
Legacy for Users''.
(C) Exception to limitation on transfers.--
Subparagraph (B) of section 9503(b)(6) of such Code is
amended by striking ``June 1, 2005'' and inserting
``October 1, 2009''.
(2) Aquatic resources trust fund.--
(A) Sport fish restoration account.--Paragraph (2)
of section 9504(b) of such Code is amended by striking
``Surface Transportation Extension Act of 2004, Part
V'' each place it appears and inserting
``Transportation Equity Act: A Legacy for Users'' .
(B) Boat safety account.--Subsection (c) of section
9504 of such Code is amended--
(i) by striking ``June 1, 2005'' and
inserting ``October 1, 2009'', and
(ii) by striking ``Surface Transportation
Extension Act of 2004, Part V'' and inserting
``Transportation Equity Act: A Legacy for
Users'' .
(C) Exception to limitation on transfers.--
Paragraph (2) of section 9504(d) of such Code is
amended by striking ``June 1, 2005'' and inserting
``October 1, 2009''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. TECHNICAL CORRECTIONS REGARDING HIGHWAY-RELATED TAXES.
(a) Amendments Related to Section 301 of the American Jobs Creation
Act of 2004.--Section 6427 of such Code is amended--
(1) by striking subsection (f), and
(2) by striking subsection (o) and redesignating subsection
(p) as subsection (o).
(b) Amendments Related to Section 853 of the American Jobs Creation
Act of 2004.--
(1) Subparagraph (C) of section 4081(a)(2) of the Internal
Revenue Code of 1986 is amended by striking ``for use in
commercial aviation'' and inserting ``for use in commercial
aviation by a person registered for such use under section
4101''.
(2) So much of paragraph (2) of section 4081(d) of such
Code as precedes subparagraph (A) is amended to read as
follows:
``(2) Aviation fuels.--The rates of tax specified in
clauses (ii) and (iv) of subsection (a)(2)(A) shall be 4.3
cents per gallon--''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the American Jobs Creation
Act of 2004 to which they relate. | Highway Reauthorization Tax Act of 2005 - (Sec. 2) Amends the Internal Revenue Code to extend through FY 2011 excise tax provisions relating to: (1) certain buses; (2) special motor fuels; (3) certain alcohol fuels; (4) heavy trucks and trailers; (5) tires; (6) gasoline, diesel fuel, and kerosene; (7) heavy vehicles; (8) taxable periods for highway motor vehicles; and (9) floor stock refunds.
Extends through FY 2011: (1) fuel excise tax exemptions for certain tax-free sales and for the highway use tax; (2) authority for transfers of fuel excise tax revenues to the Highway Trust Fund; and (3) authority for transfers from the Highway Trust Fund to the Boat Safety Account to equal motorboat fuel taxes and small-engine fuel taxes collected during a specified period.
Extends through FY 2009 authority for expenditures from the Highway Trust Fund and the Mass Transit Account for certain Federal-aid highway programs. Extends through FY 2009 authority for expenditures from the the Boat Safety Account and for limitations on transfers to the Aquatic Resources Trust Fund.
(Sec. 3) Eliminates certain refund provisions relating to reductions in tax rates for alcohol fuels and taxable fuels enacted by the American Jobs Creation Act of 2004.
Terminates the 21.8 cents per gallon tax rate for aviation jet fuel after September 30, 2007, reducing such rate to 4.3 cents per gallon. Requires users of aviation jet fuel to register with the Internal Revenue Service to qualify for reduced tax rates. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for the extension of highway-related taxes and trust funds, and for other purposes."} | 1,763 | 340 | 0.570362 | 1.71698 | 0.743975 | 1.69967 | 5.066007 | 0.755776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Opportunity Tax Credit Act
of 2006''.
SEC. 2. COLLEGE OPPORTUNITY TAX CREDIT.
(a) In General.--
(1) Allowance of credit.--Section 25A(a) of the Internal
Revenue Code of 1986 (relating to allowance of credit) is
amended--
(A) in paragraph (1), by striking ``the Hope
Scholarship Credit'' and inserting ``the eligible
student credit amount determined under subsection
(b)'', and
(B) in paragraph (2), by striking ``the Lifetime
Learning Credit'' and inserting ``the part-time,
graduate, and other student credit amount determined
under subsection (c)''.
(2) Name of credit.--The heading for section 25A of such
Code is amended to read as follows:
``SEC. 25A. COLLEGE OPPORTUNITY CREDIT.''.
(3) Clerical amendment.--The table of sections for subpart
A of part IV of subchapter A of chapter 1 of such Code is
amended by striking the item relating to section 25A and
inserting the following:
``Sec. 25A. College opportunity credit.''.
(b) Eligible Students.--
(1) In general.--Paragraph (1) of section 25A(b) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``the Hope Scholarship Credit'' and
inserting ``the eligible student credit amount
determined under this subsection'', and
(B) by striking ``Per student credit'' in the
heading and inserting ``In general''.
(2) Amount of credit.--Paragraph (4) of section 25A(b) of
such Code (relating to applicable limit) is amended by striking
``2'' and inserting ``3''.
(3) Credit refundable.--
(A) In general.--Section 25A of such Code is
amended by redesignating subsection (i) as subsection
(j) and by inserting after subsection (h) the following
new subsection:
``(i) Portion of Credit Refundable.--
``(1) In general.--The aggregate credits allowed under
subpart C shall be increased by the amount of the credit which
would be allowed under this section--
``(A) by reason of subsection (b), and
``(B) without regard to this subsection and the
limitation under section 26(a) or subsection (j), as
the case may be.
``(2) Treatment of credit.--The amount of the credit
allowed under this subsection shall not be treated as a credit
allowed under this subpart and shall reduce the amount of
credit otherwise allowable under subsection (a) without regard
to section 26(a) or subsection (j), as the case may be.''.
(B) Technical amendment.--Section 1324(b) of title
31, United States Code, is amended by inserting ``, or
enacted by the College Opportunity Tax Credit Act of
2006'' before the period at the end.
(4) Limitations.--
(A) Credit allowed for 4 years.--Subparagraph (A)
of section 25A(b)(2) of such Code is amended--
(i) by striking ``2'' in the text and in
the heading and inserting ``4'', and
(ii) by striking ``the Hope Scholarship
Credit'' and inserting ``the credit
allowable''.
(B) Elimination of limitation on first 2 years of
postsecondary education.--Section 25A(b)(2) of such
Code is amended by striking subparagraph (C) and by
redesignating subparagraph (D) as subparagraph (C).
(5) Conforming amendments.--
(A) The heading of subsection (b) of section 25A of
such Code is amended to read as follows:
``(b) Eligible Students.--''.
(B) Section 25A(b)(2) of such Code is amended--
(i) in subparagraph (B), by striking ``the
Hope Scholarship Credit'' and inserting ``the
credit allowable'', and
(ii) in subparagraph (C), as redesignated
by paragraph (4)(B), by striking ``the Hope
Scholarship Credit'' and inserting ``the credit
allowable''.
(c) Part-Time, Graduate, and Other Students.--
(1) In general.--Subsection (c) of section 25A of the
Internal Revenue Code of 1986 is amended to read as follows:
``(c) Part-Time, Graduate, and Other Students.--
``(1) In general.--In the case of any student for whom an
election is in effect under this section for any taxable year,
the part-time, graduate, and other student credit amount
determined under this subsection for any taxable year is an
amount equal to the sum of--
``(A) 40 percent of so much of the qualified
tuition and related expenses paid by the taxpayer
during the taxable year (for education furnished to the
student during any academic period beginning in such
taxable year) as does not exceed $1,000, plus
``(B) 20 percent of such expenses so paid as
exceeds $1,000 but does not exceed the applicable
limit.
``(2) Applicable limit.--For purposes of paragraph (1)(B),
the applicable limit for any taxable year is an amount equal to
3 times the dollar amount in effect under paragraph (1)(A) for
such taxable year.
``(3) Special rules for determining expenses.--
``(A) Coordination with credit for eligible
students.--The qualified tuition and related expenses
with respect to a student who is an eligible student
for whom a credit is allowed under subsection (a)(1)
for the taxable year shall not be taken into account
under this subsection.
``(B) Expenses for job skills courses allowed.--For
purposes of paragraph (1), qualified tuition and
related expenses shall include expenses described in
subsection (f)(1) with respect to any course of
instruction at an eligible educational institution to
acquire or improve job skills of the student.''.
(2) Inflation adjustment.--
(A) In general.--Subsection (h) of section 25A of
such Code (relating to inflation adjustments) is
amended by adding at the end the following new
paragraph:
``(3) Dollar limitation on amount of credit under
subsection (a)(2).--
``(A) In general.--In the case of a taxable year
beginning after 2007, each of the $1,000 amounts under
subsection (c)(1) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2006'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $100, such amount
shall be rounded to the next lowest multiple of
$100.''.
(B) Conforming amendment.--The heading for
paragraph (1) of section 25A(h) of such code is amended
by inserting ``under subsection (a)(1)'' after
``credit''.
(d) Credit Allowed Against Alternative Minimum Tax.--
(1) In general.--Section 25A of the Internal Revenue Code
of 1986, as amended by subsection (b)(3), is amended by
redesignating subsection (j) as subsection (k) and by inserting
after subsection (h) the following new subsection:
``(j) Limitation Based on Amount of Tax.--In the case of a taxable
year to which section 26(a)(2) does not apply, the credit allowed under
subsection (a) for the taxable year shall not exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowed under this subpart
(other than this section and sections 23, 24, and 25B) and
section 27 for the taxable year.''.
(2) Conforming amendment.--Section 25(a)(1) of such Code is
amended by inserting ``25A,'' after ``24,''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | College Opportunity Tax Credit Act of 2006 - Amends the Internal Revenue Code to replace the Hope Scholarship and Lifetime Learning Tax Credits with an increased, partially refundable college opportunity tax credit to cover up to four years (currently, limited to two years) of the tuition and related expenses of full or part-time postsecondary and graduate students. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to replace the Hope and Lifetime Learning credits with a partially refundable college opportunity credit."} | 1,903 | 74 | 0.548403 | 1.260444 | 0.491931 | 2.125 | 26.734375 | 0.8125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Protection School Finance
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There are systems of public school finance within
States which subject American children to educations of
radically varying and grossly unequal quality solely on the
basis of where they live.
(2) Agreement with the unanimous Supreme Court decision of
Brown v. Board of Education which stated: ``In these days, it
is doubtful that any child may reasonably be expected to
succeed in life if he is denied the opportunity of an
education. Such an opportunity, where the State has undertaken
to provide it, is a right which must be made available to all
on equal terms.''.
(3) Education is a fundamental right under the equal
protection clause of the United States Constitution.
(4) The provision of education to all children within a
State on an equal basis, including equality of financial
resources, is fundamental to the equal protection of laws.
SEC. 3. EQUALIZATION SYSTEM.
(a) In General.--No State shall be eligible for Federal funds
administered by the Department of Education to support elementary and
secondary education unless the coefficient of variation (referred to in
this Act as ``COV'') of per pupil expenditures in local educational
agencies statewide for elementary and secondary education in such State
is less than 10 percent.
(b) Calculation.--The COV shall be calculated based on intrastate
expenditures for current operations, as determined by the State,
without regard to Federal contributions.
(c) Additional Exclusions.--
(1) Special purpose.--Also excluded from the COV
calculation shall be capital expenditures and special purpose
funds without regard to source. Special purpose funds are funds
which are targeted to address a specific need, such as the
educationally disadvantaged, handicapped, gifted, or language
deficient students.
(2) Resources.--Nothing in this Act shall preclude the
State or the Federal Government from providing additional
resources to local educational agencies to address such special
needs.
(d) Waiver.--The Secretary may provide funding for elementary and
secondary education to a State which has not complied with the
requirements of this section if the State submits a plan for compliance
which the Secretary determines will bring the State into compliance not
later than 5 years after the date of submission of such plan.
SEC. 4. COMPLIANCE AND REPORTING.
(a) In General.--
(1) Annual report.--To be eligible to receive Federal
education funds, a State shall submit an annual report to the
Secretary which certifies that the State has complied with the
provisions of this Act.
(2) Certifications.--Such certifications are due not later
than January 1 of each fiscal year and shall be accepted by the
Secretary unless challenged by 1 or more local educational
agencies.
(b) Certification Challenge.--To challenge the validity of a
State's compliance certification, local educational agencies that
represent not less than 10 percent of the students in such State must
file a complaint with the Secretary, not later than 90 days after the
date on which the certification is due.
(c) Compliance.--
(1) In general.--The failure of a State to comply with the
provisions of this Act shall result in the loss of eligibility
for Federal education funds identified in section 3(a)
beginning in the first fiscal year after a finding of
noncompliance by the Secretary. Eligibility for such funds
shall be restored at the beginning of the next fiscal year in
which the Secretary finds the State to be in compliance.
(2) Federal funds.--The failure of a State to comply with
the provisions of this Act for a period that exceeds 5 years
from the date of the enactment of this Act or the submission of
a plan under section 3(d), whichever is longer, shall lose all
forms of Federal assistance beginning in the first fiscal year
after such 5-year period until the State complies with the
provisions of this Act.
(d) Redistribution of Funds.--Funds for elementary and secondary
education that are not distributed to a State as a result of applying
subsection (c) shall be reallocated by the Secretary to other States
that have complied with the requirements of section 3, that are
implementing compliance plans, or are developing compliance plans
pursuant to section 3(d).
SEC. 5. DEFINITIONS.
For purposes of this Act the following terms have the following
meanings:
(1) The term ``coefficient of variation'' means the
standard deviation of local educational agency expenditures
divided by the mean per student expenditure, in which local
educational agencies with fewer than 250 students have been
excluded.
(2) The term ``local educational agency'' has the same
meaning given such term in section 14101(18) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801(18)).
(3) The term ``Secretary'' means the Secretary of
Education. | Equal Protection School Finance Act - Provides for a system to help equalize funding for education within States.
Makes a State ineligible for Federal funds administered by the Department of Education to support elementary and secondary education unless the coefficient of variation of per pupil expenditures in local educational agencies statewide for elementary and secondary education is greater than ten percent. Authorizes the Secretary of Education to provide such funding to a noncompliant State if that State submits a plan which the Secretary determines will bring the State into compliance within five years.
Sets forth procedures for compliance reporting, certification, and challenges. Directs the Secretary to reallocate to compliant States, and States developing or implementing compliance plans, any funds that are not distributed to noncompliant States. | {"src": "billsum_train", "title": "Equal Protection School Finance Act"} | 1,078 | 167 | 0.491515 | 1.354392 | 0.842256 | 3.705036 | 7.244604 | 0.856115 |
SECTION 1. EXTENSION OF AVAILABILITY OF SCHIP ALLOTMENTS FOR FISCAL
YEARS 1998 THROUGH 2001.
(a) Extending Availability of SCHIP Allotments for Fiscal Years
1998 Through 2001.--
(1) Retained and redistributed allotments for fiscal years 1998
and 1999.--Paragraphs (2)(A)(i) and (2)(A)(ii) of section 2104(g)
of the Social Security Act (42 U.S.C. 1397dd(g)) are each amended
by striking ``fiscal year 2002'' and inserting ``fiscal year
2004''.
(2) Extension and revision of retained and redistributed
allotments for fiscal year 2000.--
(A) Permitting and extending retention of portion of fiscal
year 2000 allotment.--Paragraph (2) of such section 2104(g) is
amended--
(i) in the heading, by striking ``and 1999'' and
inserting ``through 2000''; and
(ii) by adding at the end of subparagraph (A) the
following:
``(iii) Fiscal year 2000 allotment.--Of the amounts
allotted to a State pursuant to this section for fiscal
year 2000 that were not expended by the State by the end of
fiscal year 2002, 50 percent of that amount shall remain
available for expenditure by the State through the end of
fiscal year 2004.''.
(B) Redistributed allotments.--Paragraph (1) of such
section 2104(g) is amended--
(i) in subparagraph (A), by inserting ``or for fiscal
year 2000 by the end of fiscal year 2002,'' after ``fiscal
year 2001,'';
(ii) in subparagraph (A), by striking ``1998 or 1999''
and inserting ``1998, 1999, or 2000'';
(iii) in subparagraph (A)(i)--
(I) by striking ``or'' at the end of subclause (I),
(II) by striking the period at the end of subclause
(II) and inserting ``; or''; and
(III) by adding at the end the following new
subclause:
``(III) the fiscal year 2000 allotment, the amount
specified in subparagraph (C)(i) (less the total of the
amounts under clause (ii) for such fiscal year),
multiplied by the ratio of the amount specified in
subparagraph (C)(ii) for the State to the amount
specified in subparagraph (C)(iii).'';
(iv) in subparagraph (A)(ii), by striking ``or 1999''
and inserting ``, 1999, or 2000'';
(v) in subparagraph (B), by striking ``with respect to
fiscal year 1998 or 1999'';
(vi) in subparagraph (B)(ii)--
(I) by inserting ``with respect to fiscal year
1998, 1999, or 2000,'' after ``subsection (e),''; and
(II) by striking ``2002'' and inserting ``2004'';
and
(vii) by adding at the end the following new
subparagraph:
``(C) Amounts used in computing redistributions for fiscal
year 2000.--For purposes of subparagraph (A)(i)(III)--
``(i) the amount specified in this clause is the amount
specified in paragraph (2)(B)(i)(I) for fiscal year 2000,
less the total amount remaining available pursuant to
paragraph (2)(A)(iii);
``(ii) the amount specified in this clause for a State
is the amount by which the State's expenditures under this
title in fiscal years 2000, 2001, and 2002 exceed the
State's allotment for fiscal year 2000 under subsection
(b); and
``(iii) the amount specified in this clause is the sum,
for all States entitled to a redistribution under
subparagraph (A) from the allotments for fiscal year 2000,
of the amounts specified in clause (ii).''.
(C) Conforming amendments.--Such section 2104(g) is further
amended--
(i) in its heading, by striking ``and 1999'' and
inserting ``, 1999, and 2000''; and
(ii) in paragraph (3)--
(I) by striking ``or fiscal year 1999'' and
inserting ``, fiscal year 1999, or fiscal year 2000'';
and
(II) by striking ``or November 30, 2001'' and
inserting ``November 30, 2001, or November 30, 2002'',
respectively.
(3) Extension and revision of retained and redistributed
allotments for fiscal year 2001.--
(A) Permitting and extending retention of portion of fiscal
year 2001 allotment.--Paragraph (2) of such section 2104(g), as
amended in paragraph (2)(A)(ii), is further amended--
(i) in the heading, by striking ``2000'' and inserting
``2001''; and
(ii) by adding at the end of subparagraph (A) the
following:
``(iv) Fiscal year 2001 allotment.--Of the amounts
allotted to a State pursuant to this section for fiscal
year 2001 that were not expended by the State by the end of
fiscal year 2003, 50 percent of that amount shall remain
available for expenditure by the State through the end of
fiscal year 2005.''.
(B) Redistributed allotments.--Paragraph (1) of such
section 2104(g), as amended in paragraph (2)(B), is further
amended--
(i) in subparagraph (A), by inserting ``or for fiscal
year 2001 by the end of fiscal year 2003,'' after ``fiscal
year 2002,'';
(ii) in subparagraph (A), by striking ``1999, or 2000''
and inserting ``1999, 2000, or 2001'';
(iii) in subparagraph (A)(i)--
(I) by striking ``or'' at the end of subclause
(II),
(II) by striking the period at the end of subclause
(III) and inserting ``; or''; and
(III) by adding at the end the following new
subclause:
``(IV) the fiscal year 2001 allotment, the amount
specified in subparagraph (D)(i) (less the total of the
amounts under clause (ii) for such fiscal year),
multiplied by the ratio of the amount specified in
subparagraph (D)(ii) for the State to the amount
specified in subparagraph (D)(iii).'';
(iv) in subparagraph (A)(ii), by striking ``or 2000''
and inserting ``2000, or 2001'';
(v) in subparagraph (B)--
(I) by striking ``and'' at the end of clause (ii);
(II) by redesignating clause (iii) as clause (iv);
and
(III) by inserting after clause (ii) the following
new clause:
``(iii) notwithstanding subsection (e), with respect to
fiscal year 2001, shall remain available for expenditure by
the State through the end of fiscal year 2005; and''; and
(vi) by adding at the end the following new
subparagraph:
``(D) Amounts used in computing redistributions for fiscal
year 2001.--For purposes of subparagraph (A)(i)(IV)--
``(i) the amount specified in this clause is the amount
specified in paragraph (2)(B)(i)(I) for fiscal year 2001,
less the total amount remaining available pursuant to
paragraph (2)(A)(iv);
``(ii) the amount specified in this clause for a State
is the amount by which the State's expenditures under this
title in fiscal years 2001, 2002, and 2003 exceed the
State's allotment for fiscal year 2001 under subsection
(b); and
``(iii) the amount specified in this clause is the sum,
for all States entitled to a redistribution under
subparagraph (A) from the allotments for fiscal year 2001,
of the amounts specified in clause (ii).''.
(C) Conforming amendments.--Such section 2104(g) is further
amended--
(i) in its heading, by striking ``and 2000'' and
inserting ``2000, and 2001''; and
(ii) in paragraph (3)--
(I) by striking ``or fiscal year 2000'' and
inserting ``fiscal year 2000, or fiscal year 2001'';
and
(II) by striking ``or November 30, 2002,'' and
inserting ``November 30, 2002, or November 30, 2003,'',
respectively.
(4) Effective date.--This subsection, and the amendments made
by this subsection, shall be effective as if this subsection had
been enacted on September 30, 2002, and amounts under title XXI of
the Social Security Act (42 U.S.C. 1397aa et seq.) from allotments
for fiscal years 1998 through 2000 are available for expenditure on
and after October 1, 2002, under the amendments made by this
subsection as if this subsection had been enacted on September 30,
2002.
(b) Authority for Qualifying States To Use Portion of SCHIP Funds
for Medicaid Expenditures.--Section 2105 of the Social Security Act (42
U.S.C. 1397ee) is amended by adding at the end the following:
``(g) Authority for Qualifying States To Use Certain Funds for
Medicaid Expenditures.--
``(1) State option.--
``(A) In general.--Notwithstanding any other provision of
law, a qualifying State (as defined in paragraph (2)) may elect
to use not more than 20 percent of any allotment under section
2104 for fiscal year 1998, 1999, 2000, or 2001 (insofar as it
is available under subsections (e) and (g) of such section) for
payments under title XIX in accordance with subparagraph (B),
instead of for expenditures under this title.
``(B) Payments to states.--
``(i) In general.--In the case of a qualifying State
that has elected the option described in subparagraph (A),
subject to the availability of funds under such
subparagraph with respect to the State, the Secretary shall
pay the State an amount each quarter equal to the
additional amount that would have been paid to the State
under title XIX with respect to expenditures described in
clause (ii) if the enhanced FMAP (as determined under
subsection (b)) had been substituted for the Federal
medical assistance percentage (as defined in section
1905(b)).
``(ii) Expenditures described.--For purposes of this
subparagraph, the expenditures described in this clause are
expenditures, made after the date of the enactment of this
subsection and during the period in which funds are
available to the qualifying State for use under
subparagraph (A), for medical assistance under title XIX to
individuals who have not attained age 19 and whose family
income exceeds 150 percent of the poverty line.
``(iii) No impact on determination of budget neutrality
for waivers.--In the case of a qualifying State that uses
amounts paid under this subsection for expenditures
described in clause (ii) that are incurred under a waiver
approved for the State, any budget neutrality
determinations with respect to such waiver shall be
determined without regard to such amounts paid.
``(2) Qualifying state.--In this subsection, the term
`qualifying State' means a State that, on and after April 15, 1997,
has an income eligibility standard that is at least 185 percent of
the poverty line with respect to any 1 or more categories of
children (other than infants) who are eligible for medical
assistance under section 1902(a)(10)(A) or, in the case of a State
that has a statewide waiver in effect under section 1115 with
respect to title XIX that was first implemented on July 1, 1995,
has an income eligibility standard under such waiver for children
that is at least 185 percent of the poverty line, or, in the case
of a State that has a statewide waiver in effect under section 1115
with respect to title XIX that was first implemented on January 1,
1994, has an income eligibility standard under such waiver for
children who lack health insurance that is at least 185 percent of
the poverty line.
``(3) Construction.--Nothing in paragraphs (1) and (2) shall be
construed as modifying the requirements applicable to States
implementing State child health plans under this title.''.
SEC. 2. TECHNICAL CORRECTION.
(a) Temporary Increase of the Medicaid FMAP.--Subparagraphs (A) and
(B) of section 401(a)(6) of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 (Public Law 108-27) are amended to read as
follows:
``(A) In general.--Subject to subparagraph (B), a State is
eligible for an increase in its FMAP under paragraph (3) or an
increase in a cap amount under paragraph (4) for any date after
September 2, 2003, only if the eligibility under its State plan
under title XIX of the Social Security Act (including any
waiver under such title or under section 1115 of such Act (42
U.S.C. 1315)) applied as of such date is no more restrictive
than the eligibility under such plan (or waiver) as in effect
on September 2, 2003.
``(B) State reinstatement of eligibility permitted.--A
State that has restricted eligibility under its State plan
under title XIX of the Social Security Act (including any
waiver under such title or under section 1115 of such Act (42
U.S.C. 1315)) for any date after September 2, 2003, is eligible
for an increase in its FMAP under paragraph (3) or an increase
in a cap amount under paragraph (4) for subsequent dates in
which the State has reinstated eligibility that is no more
restrictive than the eligibility under such plan (or waiver) as
in effect on September 2, 2003.''.
(b) Retroactive Effective Date.--The amendment made by subsection
(a) shall take effect as if included in the enactment of section 401 of
the Jobs and Growth Tax Relief Reconciliation Act of 2003 (Public Law
108-27).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to revise the special rule for the redistribution and availability of unexpended FY1998 and 1999 SCHIP allotments, including to: (1) extend the availability of FY 1998 and 1999 reallocated funds through FY 2004; and (2) permit 50 percent of the total amount of unexpended FY 2000 and 2001 SCHIP allotments that remain available to a State through the end of FY 2002 and 2003 to remain available for expenditure by the State through the end of FY 2004 and 2005, respectively. Makes this amendment effective as though it had been enacted on September 30, 2002.
Grants authority to qualifying States, with respect to FY 1998 through 2001 SCHIP allotments, for fiscal years in which such allotments are available, to elect to use not more than 20 percent of them (instead of for expenditures under SCHIP) for Medicaid medical assistance payments with respect to certain children under SSA title XIX.
Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to make a technical amendment with respect to State eligibility for an increase in its Federal medical assistance percentage (FMAP) or an increase in the cap on Medicaid payments to territories. Makes this amendment effective as if included in the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003. | {"src": "billsum_train", "title": "To amend title XXI of the Social Security Act to extend the availability of allotments for fiscal years 1998 through 2001 under the State Children's Health Insurance Program, and for other purposes."} | 3,371 | 316 | 0.574357 | 1.750175 | 0.771492 | 3.11284 | 11.182879 | 0.894942 |
SECTION 1. SIOUX NATION ECONOMIC DEVELOPMENT COUNCIL.
Title IV of the Omnibus Indian Advancement Act (Public Law 106-568)
is amended--
(1) in section 401--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(7) the establishment of a Native American Economic
Development Council will assist in promoting economic growth
and reducing poverty on reservations of the Sioux Nation by--
``(A) coordinating economic development efforts;
``(B) centralizing expertise concerning Federal
assistance; and
``(C) facilitating the raising of funds from
private donations to meet matching requirements under
certain Federal assistance programs.''; and
(2) by adding at the end the following:
``Subtitle C--Sioux Nation Economic Development Council
``SEC. 431. ESTABLISHMENT OF SIOUX NATION ECONOMIC DEVELOPMENT COUNCIL.
``(a) Establishment.--There is established the Sioux Nation
Economic Development Council (in this subtitle referred to as the
`Council') as a part of the Wakpa Sica Reconciliation Place. The
Council shall be a charitable and nonprofit corporation and shall not
be considered to be an agency or establishment of the United States.
``(b) Purposes.--The purposes of the Council are--
``(1) to encourage, accept, and administer private gifts of
property;
``(2) to use those gifts as a source of matching funds
necessary to receive Federal assistance;
``(3) to provide members of Indian tribes with the skills
and resources necessary for establishing successful businesses;
``(4) to provide grants and loans to members of Indian
tribes to establish or operate small businesses;
``(5) to provide scholarships for members of Indian tribes
who are students pursuing an education in business or a
business-related subject; and
``(6) to provide technical assistance to Indian tribes and
members thereof in obtaining Federal assistance.
``SEC. 432. BOARD OF DIRECTORS OF THE COUNCIL.
``(a) Establishment and Membership.--
``(1) In general.--The Council shall have a governing Board
of Directors (in this subtitle referred to as the `Board').
``(2) Membership.--The Board shall consist of 11 directors,
who shall be appointed by the Secretary as follows:
``(A)(i) Nine members appointed under this
paragraph shall represent the 9 reservations of South
Dakota.
``(ii) Each member described in clause (i) shall--
``(I) represent 1 of the reservations
described in clause (i); and
``(II) be selected from among nominations
submitted by the appropriate Indian tribe.
``(B) One member appointed under this paragraph
shall be selected from nominations submitted by the
Governor of South Dakota.
``(C) One member appointed under this paragraph
shall be selected from nominations submitted by the
most senior member of the South Dakota Congressional
delegation.
``(3) Citizenship.--Each member of the Board shall be a
citizen of the United States.
``(b) Appointments and Terms.--
``(1) Appointment.--Not later than December 31, 2001, the
Secretary shall appoint the directors of the Board under
subsection (a)(2).
``(2) Terms.--Each director shall serve for a term of 2
years.
``(3) Vacancies.--A vacancy on the Board shall be filled
not later than 60 days after that vacancy occurs, in the manner
in which the original appointment was made.
``(4) Limitation on terms.--No individual may serve more
than 3 consecutive terms as a director.
``(c) Chairman.--The Chairman shall be elected by the Board from
its members for a term of 2 years.
``(d) Quorum.--A majority of the members of the Board shall
constitute a quorum for the transaction of business.
``(e) Meetings.--The Board shall meet at the call of the Chairman
at least once a year. If a director misses 3 consecutive regularly
scheduled meetings, that individual may be removed from the Board by
the Secretary and that vacancy filled in accordance with subsection
(b)(3).
``(f) Reimbursement of Expenses.--Members of the Board shall serve
without pay, but may be reimbursed for the actual and necessary
traveling and subsistence expenses incurred by them in the performance
of the duties of the Council in accordance with section 434(a).
``(g) General Powers.--
``(1) Powers.--The Board may complete the organization of
the Council by--
``(A) appointing officers and employees;
``(B) adopting a constitution and bylaws consistent
with the purposes of the Council under this subtitle;
and
``(C) carrying out such other actions as may be
necessary to carry out the purposes of the Council
under this subtitle.
``(2) Effect of appointment.--Appointment to the Board
shall not constitute employment by, or the holding of an office
of, the United States for the purposes of any Federal law.
``(3) Limitations.--The following limitations shall apply
with respect to the appointment of officers and employees of
the Council:
``(A) Officers and employees may not be appointed
until the Council has sufficient funds to pay them for
their service.
``(B) Officers and employees of the Council--
``(i) shall be appointed without regard to
the provisions of title 5, United States Code,
governing appointments in the competitive
service; and
``(ii) may be paid without regard to the
provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to
classification and General Schedule pay rates.
``(4) Secretary of the board.--The first officer or
employee appointed by the Board shall be the Secretary of the
Board. The Secretary of the Board shall--
``(A) serve, at the direction of the Board, as its
chief operating officer; and
``(B) be knowledgeable and experienced in matters
relating to economic development and Indian affairs.
``SEC. 433. POWERS AND OBLIGATIONS OF THE COUNCIL.
``(a) Corporate Powers.--To carry out its purposes under section
431(b), the Council shall have, in addition to the powers otherwise
given it under this subtitle, the usual powers of a corporation acting
as a trustee under South Dakota law, including the power--
``(1) to accept, receive, solicit, hold, administer, and
use any gift, devise, or bequest, either absolutely or in
trust, of real or personal property or any income therefrom or
other interest therein;
``(2) to acquire by purchase or exchange any real or
personal property or interest therein;
``(3) unless otherwise required by the instrument of
transfer, to sell, donate, lease, invest, reinvest, retain, or
otherwise dispose of any property or income therefrom;
``(4) to borrow money and issue bonds, debentures, or other
debt instruments;
``(5) to sue and be sued, and complain and defend itself in
any court of competent jurisdiction, except that the directors
shall not be personally liable, except for gross negligence;
``(6) to enter into contracts or other arrangements with
public agencies and private organizations and persons and to
make such payments as may be necessary to carry out its
function; and
``(7) to carry out any action that is necessary and proper
to carry out the purposes of the Council.
``(b) Other Powers and Obligations.--
``(1) In general.--The Council--
``(A) shall have perpetual succession;
``(B) may conduct business throughout the several
States, territories, and possessions of the United
States and abroad;
``(C) shall have its principal offices in South
Dakota; and
``(D) shall at all times maintain a designated
agent authorized to accept service of process for the
Council.
``(2) Service of notice.--The serving of notice to, or
service of process upon, the agent required under paragraph
(1)(D), or mailed to the business address of such agent, shall
be deemed as service upon or notice to the Council.
``(c) Seal.--The Council shall have an official seal selected by
the Board, which shall be judicially noticed.
``(d) Certain Interests.--If any current or future interest of a
gift, devise, or bequest under subsection (a)(1) is for the benefit of
the Council, the Council may accept the gift, devise, or bequest under
such subsection, even if that gift, devise, or bequest is encumbered,
restricted, or subject to beneficial interests of 1 or more private
persons.
SEC. 434. ADMINISTRATIVE SERVICES AND SUPPORT.
``(a) Provision of Services.--The Secretary may provide personnel,
facilities, and other administrative services to the Council, including
reimbursement of expenses under section 432(f), not to exceed then
current applicable Federal Government per diem rates, for a period
ending not later than 5 years after the date of enactment of this
subtitle.
``(b) Reimbursement.--
``(1) In general.--The Council may reimburse the Secretary
for any administrative service provided under subsection (a).
The Secretary shall deposit any reimbursement received under
this subsection into the Treasury to the credit of the
appropriations then current and chargeable for the cost of
providing such services.
``(2) Continuation of certain assistance.--Notwithstanding
any other provision of this section, the Secretary is
authorized to continue to provide facilities, and necessary
support services for such facilities, to the Council after the
date specified in subsection (a), on a space available,
reimbursable cost basis.
``SEC. 435. VOLUNTEER STATUS.
``(a) In General.--Notwithstanding any other provision of law, the
Secretary may accept, without regard to the civil service
classification laws, rules, or regulations, the services of the
Council, the Board, and the officers and employees of the Board,
without compensation from the Secretary, as volunteers in the
performance of the functions authorized under this subtitle.
``(b) Incidental Expenses.--The Secretary is authorized to provide
for incidental expenses, including transportation, lodging, and
subsistence to the officers and employees serving as volunteers under
subsection (a).
``SEC. 436. AUDITS, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY
GENERAL FOR EQUITABLE RELIEF.
``(a) Audits.--The Council shall be subject to auditing and
reporting requirements under section 10101 of title 36, United States
Code, in the same manner as is a corporation under part B of that
title.
``(b) Report.--As soon as practicable after the end of each fiscal
year, the Council shall transmit to Congress a report of its
proceedings and activities during such year, including a full and
complete statement of its receipts, expenditures, and investments.
``(c) Relief With Respect to Certain Council Acts or Failure To
Act.--If the Council--
``(1) engages in, or threatens to engage in, any act,
practice, or policy that is inconsistent with the purposes of
the Council under section 431(b); or
``(2) refuses, fails, or neglects to discharge the
obligations of the Council under this subtitle, or threatens to
do so;
then the Attorney General of the United States may petition in the
United States District Court for the District of Columbia for such
equitable relief as may be necessary or appropriate.
``SEC. 437. UNITED STATES RELEASE FROM LIABILITY.
The United States shall not be liable for any debts, defaults,
acts, or omissions of the Council, the Board, or the officers or
employees of the Council. The full faith and credit of the United
States shall not extend to any obligation of the Council, the Board, or
the officers or employees of the Council.
``SEC. 438. GRANTS TO COUNCIL; TECHNICAL ASSISTANCE.
``(a) Grants.--
``(1) In general.--Not less frequently than annually, the
Secretary shall award a grant to the Council, to be used to
carry out the purposes specified in section 431(b) in
accordance with this section.
``(2) Grant agreements.--As a condition to receiving a
grant under this section, the secretary of the Board, with the
approval of the Board, shall enter into an agreement with the
Secretary that specifies the duties of the Council in carrying
out the grant and the information that is required to be
included in the agreement under paragraphs (3) and (4).
``(3) Matching requirements.--Each agreement entered into
under paragraph (2) shall specify that the Federal share of a
grant under this section shall be 80 percent of the cost of the
activities funded under the grant. No amount may be made
available to the Council for a grant under this section, unless
the Council has raised an amount from private persons or State
or local government agencies equivalent to the non-Federal
share of the grant.
``(4) Prohibition on the use of federal funds for
administrative expenses.--Each agreement entered into under
paragraph (2) shall specify that a reasonable amount of the
Federal funds made available to the Council (under the grant
that is the subject of the agreement or otherwise), but in no
event more that 15 percent of such funds, may be used by the
Council for administrative expenses of the Council, including
salaries, travel and transportation expenses, and other
overhead expenses.
``(b) Technical Assistance.--
``(1) In general.--Each agency head listed in paragraph (2)
shall provide to the Council such technical assistance as may
be necessary for the Council to carry out the purposes
specified in section 431(b).
``(2) Agency heads.--The agency heads listed in this
paragraph are as follows:
``(A) The Secretary of Housing and Urban
Development.
``(B) The Secretary of the Interior.
``(C) The Commissioner of Indian Affairs.
``(D) The Assistant Secretary for Economic
Development of the Department of Commerce.
``(E) The Administrator of the Small Business
Administration.
``(F) The Administrator of the Rural Development
Administration.
``SEC. 439. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated to
the Secretary, $10,000,000 for each of fiscal years 2002 through 2006,
to be used in accordance with section 438.
``(b) Additional Authorization.--The amounts authorized to be
appropriated under this section are in addition to any amounts provided
or made available to the Council under any other provision of Federal
law.
``SEC. 440. DEFINITION.
``In this section the term `Secretary' means the Secretary of
Commerce.''. | Amends the Omnibus Indian Advancement Act to establish as part of the Wakpa Sica Reconciliation Place the Sioux Nation Economic Development Council to: (1) accept and administer gifts of property and use such gifts as a source of matching funds necessary to receive Federal assistance; (2) train tribal members to establish successful businesses; (3) provide grants and loans to members to establish or operate small businesses; (4) provide scholarships to member students pursuing an education in business; and (5) provide technical assistance to tribes and members in obtaining Federal assistance.Requires the Secretary of the Interior, at least annually, to award grants to the Council, to be used for such purposes. | {"src": "billsum_train", "title": "A bill to provide for the establishment of a Sioux Nation Economic Development Council."} | 3,348 | 142 | 0.68605 | 2.089161 | 0.673935 | 3.931298 | 23.984733 | 0.969466 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workplace Advancement Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In 1963, Congress passed on a bipartisan basis the
Equal Pay Act of 1963 to prohibit discrimination on account of
sex in the payment of wages for equal work performed by
employees for employers engaged in commerce or in the
production of goods for commerce.
(2) Following the passage of such Act, in 1964, Congress
passed on a bipartisan basis the Civil Rights Act of 1964.
(3) Since the passage of both the Equal Pay Act of 1963 and
the Civil Rights Act of 1964, women have made significant
strides, both in the workforce and in their educational
pursuits.
(4) Currently, according to a Prudential Research Study, 60
percent of women are the primary earners in their households
and the Bureau of Labor Statistics has found that 47 percent of
women are members of the workforce.
(5) According to the Department of Education, women receive
57 percent of all college degrees, a 33 percent increase from
1970.
(6) Women hold the majority of positions in the 5 fastest
growing fields, and women are more likely than men to work in
professional and related occupations.
(7) Despite this significant progress, surveys suggest
there is a concern among American women that gender-based pay
discrimination still exists.
(8) Over the last 15 years, the Equal Employment
Opportunity Commission has received on average 2,400 complaints
annually alleging gender-based pay discrimination. This
represents two to three percent of charges filed with the
Commission during the same time period. Even though the
Commission determines that no discrimination occurred in a
majority of these complaints, the extent to which these
allegations continue underscores there is still progress to be
made.
(9) A number of factors contribute to differences in total
compensation, including variations in occupation, education,
hours worked, institutional knowledge, and other business
reasons and personal choices that shape career paths and
earning potential.
SEC. 3. PROHIBITION ON WAGE DISCRIMINATION.
Pursuant to Federal law in effect on the date of enactment of this
Act:
(1) In general.--No employer shall discriminate, within any
establishment in which employees are employed by the employer,
between employees on the basis of sex by paying wages to
employees in such establishment at a rate less than the rate at
which the employer pays wages to employees of the opposite sex
in such establishment for equal work on jobs the performance of
which requires equal skill, effort, and responsibility, and
which are performed under similar working conditions, except
where such payment is made pursuant to--
(A) a seniority system;
(B) a merit system;
(C) a system which measures earnings by quantity or
quality of production; or
(D) a differential based on any other factor other
than sex.
(2) Limitation.--An employer who is paying a wage rate
differential in violation of this section shall not, in order
to comply with the provisions of this section, reduce the wage
rate of any employee.
(3) Notice.--Every employer, employment agency, and labor
organization, as the case may be, shall post and keep posted in
conspicuous places upon its premises where notices to
employees, applicants for employment, and members are
customarily posted, a notice to be prepared or approved by the
Equal Employment Opportunity Commission that sets forth
excerpts from, or summaries of, the pertinent provisions of
this Act (including the amendments made by this Act) and of
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.), and information pertinent to the filing of a complaint.
SEC. 4. ENHANCED ENFORCEMENT OF EQUAL PAY ACT REQUIREMENTS.
Section 15(a) of the Fair Labor Standards Act of 1938 (29 U.S.C.
215(a)) is amended--
(1) in paragraph (5), by striking the period and inserting
``; or''; and
(2) by adding at the end the following:
``(6) to discharge or in any other manner retaliate against
any employee because such employee has inquired about,
discussed, or disclosed comparative compensation information
for the purpose of determining whether the employer is
compensating an employee in a manner that provides equal pay
for equal work, except that this paragraph shall not apply to
instances in which an employee who has access to the wage
information of other employees as a part of such employee's job
functions discloses the wages of such other employees to an
individual who does not otherwise have access to such
information, unless such disclosure is in response to a charge
or complaint or in furtherance of an investigation, proceeding,
hearing, or action under section 6(d), including an
investigation conducted by the employee.
Nothing in paragraph (6) shall be construed to limit the rights of an
employee provided under any other provision of law.''. | Workplace Advancement Act Prohibits discrimination in the payment of wages on account of sex. (Allows payment of different wages under seniority systems, merit systems, systems that measure earnings by quantity or quality of production, or differentials based on any other factors other than sex.) Amends the Fair Labor Standards Act of 1938 to prohibit discharging or retaliating against any employee because such employee has inquired about, discussed, or disclosed comparative compensation information for the purpose of determining whether the employer is compensating an employee in a manner that provides equal pay for equal work. Makes such prohibition inapplicable to instances in which an employee who has access to the wage information of other employees as a part of such employee's job functions discloses the wages of such other employees other than in response to a charge or complaint or in furtherance of an investigation, proceeding, hearing, or action under provisions prohibiting sex discrimination, including an investigation conducted by the employer. | {"src": "billsum_train", "title": "Workplace Advancement Act"} | 1,064 | 218 | 0.451786 | 1.361933 | 0.851514 | 5.813559 | 5.819209 | 0.920904 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Speculation Control Act of
2008''.
SEC. 2. DEFINITION OF INSTITUTIONAL INVESTOR.
(a) Definition.--Section 1a of the Commodity Exchange Act (7 U.S.C.
1a) is amended--
(1) by redesignating paragraphs (22) through (34) as
paragraphs (23) through (35), respectively; and
(2) by inserting after paragraph (21) the following:
``(22) Institutional investor.--The term `institutional
investor' means a long-term investor in financial markets
(including pension funds, endowments, and foundations) that--
``(A) invests in energy commodities as an asset
class in a portfolio of financial investments; and
``(B) does not take or make physical delivery of
energy commodities on a frequent basis, as determined
by the Commission.''.
(b) Conforming Amendments.--
(1) Section 13106(b)(1) of the Food, Conservation, and
Energy Act of 2008 is amended by striking ``section 1a(32)''
and inserting ``section 1a''.
(2) Section 402(d)(1)(B) of the Legal Certainty for Bank
Products Act of 2000 (7 U.S.C. 27(d)(1)(B)) is amended by
striking ``section 1a(33)'' and inserting ``section 1a''.
SEC. 3. INSPECTOR GENERAL.
Section 2(a) of the Commodity Exchange Act (7 U.S.C. 2(a)) is
amended by adding at the end the following:
``(13) Inspector general.--
``(A) Office.--There shall be in the Commission, as
an independent office, an Office of the Inspector
General.
``(B) Appointment.--The Office shall be headed by
an Inspector General, appointed in accordance with the
Inspector General Act of 1978 (5 U.S.C. App.).
``(C) Compensation.--The Inspector General shall be
compensated at the rate provided for level IV of the
Executive Schedule under section 5315 of title 5,
United States Code.
``(D) Administration.--The Inspector General shall
exert independent control of the budget allocations,
expenditures, and staffing levels, personnel decisions
and processes, procurement, and other administrative
and management functions of the Office.''.
SEC. 4. TRADING PRACTICES REVIEW WITH RESPECT TO INDEX TRADERS, SWAP
DEALERS, AND INSTITUTIONAL INVESTORS.
Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended by
adding at the end the following:
``(e) Trading Practices Review With Respect to Index Traders, Swap
Dealers, and Institutional Investors.--
``(1) Review.--
``(A) In general.--Not later than 30 days after the
date of enactment of this subsection, the Commission
shall carry out a review of the trading practices of
index traders, swap dealers, and institutional
investors in markets under the jurisdiction of the
Commission--
``(i) to ensure that index trading is not
adversely impacting the price discovery
process;
``(ii) to determine whether different
practices or regulations should be implemented;
and
``(iii) to gather data for use in proposing
regulations to limit the size and influence of
institutional investor positions in commodity
markets.
``(B) Emergency authority.--For the 60-day period
described in subparagraph (A), in accordance with each
applicable rule adopted under section 5(d)(6), the
Commission shall exercise the emergency authority of
the Commission to prevent institutional investors from
increasing the positions of the institutional investors
in--
``(i) energy commodity futures; and
``(ii) commodity future index funds.
``(2) Report.--Not later than 30 days after the date
described in paragraph (1)(A), the Commission shall submit to
the appropriate committees of Congress a report that contains
recommendations for such legislation as the Commission
determines to be necessary to limit the size and influence of
institutional investor positions in commodity markets.''.
SEC. 5. BONA FIDE HEDGING TRANSACTIONS OR POSITIONS.
Section 4a(c) of the Commodity Exchange Act (7 U.S.C. 6a(c)) is
amended by striking ``(c) No rule'' and inserting the following:
``(c) Bona Fide Hedging Transactions or Positions.--
``(1) Definition of bona fide hedging transaction or
position.--The term `bona fide hedging transaction or position'
means a transaction or position that represents a hedge against
price risk exposure relating to physical transactions involving
an energy commodity.
``(2) Application with respect to bona fide hedging
transactions or positions.--No rule''.
SEC. 6. SPECULATION LIMITS RELATING TO SPECULATORS IN ENERGY MARKETS.
Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is amended
by adding at the end the following:
``(f) Speculation Limits Relating to Speculators in Energy
Markets.--
``(1) Definition of speculator.--In this subsection, the
term `speculator' includes any institutional investor or
investor of an investment fund that holds a position through an
intermediary broker or dealer.
``(2) Enforcement of speculation limits.--The Commission
shall enforce speculation limits with respect to speculators in
energy markets.''.
SEC. 7. LARGE TRADER REPORTING WITH RESPECT TO INDEX TRADERS, SWAP
DEALERS, AND INSTITUTIONAL INVESTORS.
Section 4g of the Commodity Exchange Act (7 U.S.C. 6g) is amended
by adding at the end the following:
``(g) Large Trader Reporting With Respect to Index Traders, Swap
Dealers, and Institutional Investors.--
``(1) In general.--Each recordkeeping and reporting
requirement under this section relating to large trader
transactions and positions shall apply to index traders, swaps
dealers, and institutional investors in markets under the
jurisdiction of the Commission.
``(2) Promulgation of regulations.--As soon as practicable
after the date of enactment of this subsection, the Commission
shall promulgate regulations to establish separate
classifications for index traders, swaps dealers, and
institutional investors--
``(A) to enforce the recordkeeping and reporting
requirements described in paragraph (1); and
``(B) to enforce position limits and position
accountability levels with respect to energy
commodities under section 4a(f).''.
SEC. 8. INSTITUTIONAL INVESTOR SPECULATION LIMITS.
(a) Core Principles Applicable to Significant Price Discovery
Contracts.--Section 2(h)(7)(C)(ii)(IV) of the Commodity Exchange Act (7
U.S.C. 2(h)(7)(C)(ii)(IV)) is amended by inserting after
``speculators'' the following: ``(including institutional investors
that do not take delivery of energy commodities and that hold positions
in energy commodities through swaps dealers or other third parties)''.
(b) Core Principles for Contract Markets.--Section 5(d)(5) of the
Commodity Exchange Act (7 U.S.C. 7(d)(5)) is amended by inserting after
``speculators'' the following: ``(including institutional investors
that do not take delivery of energy commodities and that hold positions
in energy commodities through swaps dealers or other third parties)''. | Oil Speculation Control Act of 2008 - Amends the Commodity Exchange Act to define "institutional investor" as a long-term investor in financial markets (including pension funds, endowments, and foundations) that invests in energy commodities as an asset class in a portfolio of financial investments and does not take or make physical delivery of energy commodities on a frequent basis.
Establishes in the Commodity Futures Trading Commission (CFTC) an Office of the Inspector General.
Directs the CFTC to carry out a review of the trading practices of index traders, swap dealers, and institutional investors in markets under the CFTC's jurisdiction to: (1) ensure that index trading is not adversely impacting the price discovery process; (2) determine whether different practices or regulations should be implemented; and (3) gather data for use in proposing regulations to limit the size and influence of the institutional investor positions in commodity markets.
Directs the CFTC to exercise emergency authority to prevent institutional investors from increasing their positions in energy commodity futures and commodity future index funds.
Defines: (1) "bona fide hedging transaction or position" as a transaction or position that represents a hedge against price risk exposure relating to physical transactions involving an energy commodity and (2) "speculator" as any institutional investor or investor of an investment fund that holds a position through an intermediary broker or dealer.
Directs the CFTC to enforce speculation limits with respect to speculators in energy markets.
Set forth recordkeeping and reporting requirements relating to large trader transactions and positions applicable to index traders, swaps dealers, and institutional investors in markets under the CFTC's jurisdiction.
Requires the CFTC to promulgate regulations to establish separate classifications for index traders, swap dealers, and institutional investors to enforce recordkeeping and reporting requirements and to enforce position limits and position accountability levels with respect to energy commodities.
Imposes certain institutional investor speculation limits with respect to energy commodities. | {"src": "billsum_train", "title": "A bill to amend the Commodity Exchange Act to ensure the application of speculation limits to speculators in energy markets, and for other purposes."} | 1,747 | 422 | 0.524486 | 1.569112 | 0.789142 | 4.825137 | 3.887978 | 0.923497 |
SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.
(a) Short Title.--This Act may be cited as the ``Rocky Flats
Minerals Acquisition Act''.
(b) Findings.--The Congress finds the following:
(1) Pursuant to the Rocky Flats Wildlife Refuge Act of 2001
(Subtitle F of Public Law 107-107), upon completion of its
cleanup and closure, the Rocky Flats Environmental Technology
Site, in Colorado, will be transferred to the Department of the
Interior and managed as a unit of the National Wildlife Refuge
System.
(2) Acquisition by the United States of certain mineral
rights associated with Rocky Flats is desirable in order to--
(A) further sound management of the site as a
wildlife refuge; and
(B) reduce the long-term responsibility of the
Department of Energy.
(3) The likelihood of acquiring such rights will be
increased by providing the Secretary of the Interior with
additional methods for completion of the acquisition.
(c) Purpose.--The purpose of this Act is to facilitate acquisition
of mineral and other rights associated with the Rocky Flats site by
authorizing the Secretary of the Interior to convey to the owners of
such rights, with the concurrence of such owners, monetary credits or
interests in certain public lands, instead of or in addition to making
cash payments for such rights.
SEC. 2. AUTHORITY TO ACQUIRE MINERAL INTERESTS.
Section 3174 of Public Law 107-107 (115 Stat. 1381) is amended by
adding at the end the following:
``(g) Acquisition of Mineral Rights.--
``(1) In general.--The Secretary of the Interior may
acquire mineral interests, including interests in sand and
gravel, and any other non-Federal interests in lands or waters,
within Rocky Flats by--
``(A) purchase with funds available to the
Secretary for such purpose;
``(B) exchange under section 206 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1716);
``(C) issuance of credits in an amount equal to
some or all of the market value of the mineral or other
interests acquired, with the concurrence of the person
transferring such interests to the United States; or
``(D) any combination of the means described in
subparagraphs (A), (B), and (C).
``(2) Definition of credits.--For purposes of this
subsection, the term `credits' means appropriate legal
instruments or other written documentation, or an entry in an
account managed by the Secretary of the Interior, that can be
used in lieu of any other monetary payment--
``(A) for bonus bids for lease sales on the Outer
Continental Shelf; or
``(B) for royalty due on oil or gas production
under any lease of an area located on the Outer
Continental Shelf outside the zone described in section
8(g)(2) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(g)(2)).
``(3) Transferability of credits.--Any credits issued under
this subsection shall be freely transferable to any other
person, if the transferor notifies the Secretary of the
Interior of the transfer by such method as the Secretary may
specify.
``(4) Expiration.--Any credits issued under this subsection
must be used within 10 years after the date on which they are
issued.
``(5) Acquisition through exchange.--
``(A) Same-state restriction not applicable.--The
requirement under section 206(b) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716(b))
that lands or interests exchanged under that section
must be located in the same State shall not apply to
land (or an interest in land) in Rocky Flats that is
acquired by the United States in an exchange under that
section.
``(B) Limitation.--(i) Nothing in this subsection
shall be construed as authorizing disposal of any
public land or interest therein that has not been
identified as suitable for disposal pursuant to section
203 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1713).
``(ii) No lands or interests therein outside the
exterior boundaries of Rocky Flats may be acquired by
the Federal Government for the purposes of this Act
except with the consent of the owner thereof.
``(6) Management of acquired interests.--Any interests
acquired by the United States under this subsection shall be
managed by the Secretary of the Interior under the standards
that apply to the Rocky Flats National Wildlife Refuge. No
minerals acquired under this subsection shall be subject to
development or disposal by the United States or any other party
under any law related to minerals owned by the United States.
``(7) Relation to other authority.--The authorities
provided to the Secretary of the Interior by this subsection
are in addition to any other authority available to the
Secretary with regard to acquisition of non-Federal interests
located within Rocky Flats.''. | Rocky Flats Minerals Acquisition Act - Amends Federal law to permit the Secretary of the Interior to acquire mineral interests, including interests in sand and gravel, within Rocky Flats, Colorado, by purchase, exchange, issuance of credits, or any combination. Defines credits as legal instruments or other written documentation, or an entry in an account managed by the Secretary, that can be used in lieu of any other monetary payment for: (1) bonus bids for lease sales on the Outer Continental Shelf; or (2) royalty due on any oil or gas production under any lease of an area located in a specified part of the Outer Continental Shelf.
Declares that the requirement under the Federal Land Policy and Management Act of 1976 that lands or interests exchanged must be located in the same State shall not apply to land or an interest in land in Rocky Flats that is acquired by the United States in an exchange.
States that any interests acquired by the United States under this Act shall be managed by the Secretary under the standards that apply to the Rocky Flats National Wildlife Refuge. Declares that no minerals acquired under this Act shall be subject to development or disposal by the United States or any other party under any law related to minerals owned by the United States. | {"src": "billsum_train", "title": "To facilitate acquisition by the Secretary of the Interior of certain mineral rights, and for other purposes."} | 1,087 | 261 | 0.616078 | 1.884541 | 0.766156 | 5.77686 | 4.206612 | 0.966942 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Institute on Minority
Health Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) heart disease and strokes lead to about 2\1/2\ times as
many deaths among Black Americans (between the ages of 25 and
44) as among White Americans;
(2) diabetes is twice as prevalent among Mexican- and
Puerto Rican-Americans as among White Americans;
(3) Black and Hispanic women account for 73 percent of the
reported cases of AIDS among American women, and the death rate
from AIDS is 9 times higher among Black women than among White
women;
(4) between 1983 and 1985, when the infant mortality rate
among Whites was 9.0 deaths per 1,000 live births, the infant
mortality rate among Blacks was 18.7 and 13.9 among Native
Americans, with similar disparities among rates of low-
birthweight babies;
(5) in 1988, when the rates of death resulting from
homicides was 8 per 100,000 among young (ages 15 to 24) White
males, the rate among young Black males was 59 per 100,000, and
the rates for young Hispanic and Native American males was
roughly 2 to 3 times that of young White males;
(6) biomedical research, including clinical trials for
pharmaceuticals, often has failed to include minorities in the
population being studied or tested, even when it is certain
that minorities will be among the population subject to the
medical condition or receiving the treatment or pharmaceutical
that is being studied or tested;
(7) the percentages of medical professionals, especially
physicians, who are minorities are significantly lower than
their representation in the general population; and
(8) the ratio of physicians to inhabitants of neighborhoods
that are heavily populated by minorities (or low-income
residents) is often much lower than the ratio of physicians to
inhabitants of predominantly White neighborhoods.
SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE ON MINORITY HEALTH.
Part C of title IV of the Public Health Service Act (42 U.S.C. 285
et seq.), as amended by section 124 of Public Law 102-321 (106 Stat.
364), is amended by adding at the end the following subpart:
``Subpart 17--National Institute on Minority Health
``purpose of institute
``Sec. 464V. (a) The general purpose of the National Institute on
Minority Health is the conduct and support of research, training, the
dissemination of health information, and other programs with respect to
minority health conditions, including the advancement of opportunities
for and recruitment of minorities for training and placement as health
professionals.
``(b) For purposes of this subpart:
``(1) The term `health care system' means the system in the
United States for the delivery of health care.
``(2) The term `minorities' means members of minority
groups.
``(3) The term `minority health conditions' means all
diseases, disorders, and conditions (including conditions
regarding mental health)--
``(A) unique to, more serious in, or more prevalent
in minorities;
``(B) for which the factors of medical risk or
types of medical intervention are different for
minorities, or for which it is unknown whether such
factors or types are different for minorities; or
``(C) with respect to which there has been
insufficient clinical research involving minorities as
subjects, or insufficient clinical data on minorities.
``(4) The term `research on minority health' means research
on minority health conditions.
``(5) The term `Institute' means the National Institute on
Minority Health.
``certain authorities
``Sec. 464W. (a) In carrying out section 464V, the Director of the
Institute shall--
``(1) recommend an agenda for conducting and supporting
research on minority health;
``(2) identify projects of research on minority health that
should be conducted or supported by the national research
institutes;
``(3) identify multidisciplinary research relating to
research on minority health that should be so conducted or
supported;
``(4) promote coordination and collaboration among entities
conducting research identified under paragraph (2) or (3);
``(5) encourage the conduct of research identified under
paragraph (2) or (3) by entities receiving funds from the
national research institutes;
``(6) ensure that minorities are appropriately represented
as subjects in projects of clinical research conducted or
supported by the national research institutes and, as
appropriate, encourage similar representation in research
conducted under other circumstances; and
``(7) promote the sufficient allocation of the resources of
the national research institutes for conducting and supporting
such research.
``(b)(1) The Director of the Institute shall monitor the health
care system for the purpose of determining the effects of the system on
the health of minorities, including the extent to which minorities have
access to health care. In monitoring the system, the Director shall
determine, with respect to such purpose, the effects of the policies
and practices of entities that provide health benefits plans.
``(2) With respect to Federal proposals for reforming the health
care system, the Director of the Institute shall, in carrying out
paragraph (1), monitor such proposals for the purpose of determining
whether the proposals adequately provide for the health of minorities.
``(c)(1) The Director of the Institute shall serve as an advocate
regarding the health of minorities. The Director may in so serving
carry out advocacy activities regarding the Federal Government, State
and local governments, and private entities, including public and
private educational entities.
``(2) In carrying out paragraph (1), the Director of the Institute
shall determine the health benefits for minorities that should, at a
minimum, be provided for in any reform of the health care system.
``(d) The Director of the Institute shall encourage the creation of
opportunities for the training of minorities as health professionals
and shall facilitate the placement of minorities trained as health
professionals into appropriate positions.''.
SEC. 4. CONFORMING AMENDMENT.
Section 401(b)(1) of the Public Health Service Act (42 U.S.C.
281(b)(1)), as amended by section 121 of Public Law 102-321 (106 Stat.
358), is amended by adding at the end the following subparagraph:
``(Q) The National Institute on Minority Health.''. | National Institute on Minority Health Act - Amends the Public Health Service Act to declare that the National Institute on Minority Health's purpose is the conduct and support of research, training, information dissemination, and other programs regarding minority health, including the advancement of opportunities for and recruitment of minorities for training and placement as health professionals. Adds the Institute to the list of research institutes of the National Institutes of Health. | {"src": "billsum_train", "title": "National Institute on Minority Health Act"} | 1,348 | 89 | 0.474008 | 1.207094 | 0.736985 | 5.101266 | 17.088608 | 0.924051 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Universal Right to Vote by Mail Act
of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) An inequity of voting rights exists in the United
States because voters in some States have the universal right
to vote by mail while voters in other States do not.
(2) Many voters often have work, family, or other
commitments that make getting to polls on the date of an
election difficult or impossible. Under current State laws,
many of these voters are not permitted to vote by mail.
(3) 28 States currently allow universal absentee voting
(also known as ``no-excuse'' absentee voting), which permits
any voter to request a mail-in ballot without providing a
reason for the request, and no State which has implemented no-
excuse absentee voting has switched back.
(4) Voting by mail gives voters more time to consider their
choices, which is especially important as many ballots contain
greater numbers of questions about complex issues than in the
past due to the expanded use of the initiative and referendum
process in many States.
(5) Allowing all voters the option to vote by mail can lead
to increased voter participation.
(6) Allowing all voters the option to vote by mail can
reduce waiting times for those voters who choose to vote at the
polls.
(7) Voting by mail is preferable to many voters as an
alternative to going to the polls. Voting by mail has become
increasingly popular with voters who want to be certain that
they are able to vote no matter what comes up on Election Day.
(8) No evidence exists suggesting the potential for fraud
in absentee balloting is greater than the potential for fraud
by any other method of voting.
(9) Many of the reasons which voters in many States are
required to provide in order to vote by mail require the
revelation of personal information about health, travel plans,
or religious activities, which violate voters' privacy while
doing nothing to prevent voter fraud.
(10) State laws which require voters to obtain a notary
signature to vote by mail only add cost and inconvenience to
voters without increasing security.
SEC. 3. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL IN FEDERAL
ELECTIONS.
(a) In General.--Subtitle A of title III of the Help America Vote
Act of 2002 (42 U.S.C. 15481 et seq.) is amended by inserting after
section 303 the following new section:
``SEC. 303A. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) In General.--If an individual in a State is eligible to cast
a vote in an election for Federal office, the State may not impose any
additional conditions or requirements on the eligibility of the
individual to cast the vote in such election by mail, except as
required under subsection (b) and except to the extent that the State
imposes a deadline for requesting the ballot and related voting
materials from the appropriate State or local election official and for
returning the ballot to the appropriate State or local election
official.
``(b) Requiring Signature Verification.--
``(1) Record of signature required for provision of
ballot.--A State may not provide an absentee ballot to an
individual for an election for Federal office unless the
individual's signature is included on the official list of
registered voters in the State or some other official record of
the State connected to such list.
``(2) Verification required for acceptance and processing
of submitted ballot.--A State may not accept and process an
absentee ballot submitted by any individual for an election for
Federal office unless the State verifies the identification of
the individual by comparing the individual's signature on the
absentee ballot with the individual's signature on the official
list or other official record referred to in paragraph (1), in
accordance with such procedures as the State may adopt.
``(c) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of States to conduct elections for
Federal office through the use of polling places at which individuals
cast ballots on the date of the election.
``(d) Effective Date.--A State shall be required to comply with the
requirements of this section with respect to elections for Federal
office held in years beginning with 2012.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (42 U.S.C. 15511) is amended by striking ``and 303'' and
inserting ``303, and 303A''.
(c) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 303 the
following new item:
``Sec. 303A. Promoting ability of voters to vote by mail.''. | Universal Right to Vote by Mail Act of 2009 - Amends the Help America Vote Act of 2002 to prohibit a state from imposing additional conditions or requirements on the eligibility of an individual to cast a vote in federal elections by mail, except for purposes of obtaining signature verification for acceptance and processing of a submitted ballot, or to the extent that it imposes a deadline for requesting the ballot and returning it to the appropriate state or local election official. | {"src": "billsum_train", "title": "To amend the Help America Vote Act of 2002 to allow all eligible voters to vote by mail in Federal elections."} | 1,068 | 102 | 0.47858 | 1.220837 | 0.417508 | 4.070588 | 11.588235 | 0.917647 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Online Booking Scams Act of
2016''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The Internet has become an important channel of
commerce in the United States, accounting for billions of
dollars in retail sales every year.
(2) Hotel reservation transactions can be easily made
online and online commerce has created a marketplace where
consumers can shop for hotels, flights, car rentals, and other
travel-related services and products across thousands of brands
on a single platform.
(3) Consumers should have the utmost clarity as to the
company with which such consumers are transacting business
online.
(4) Actions by third-party sellers that misappropriate
brand identity, trademark, or other marketing content are
harmful to consumers.
(5) Platforms offered by online travel agencies provide
consumers with a valuable tool for comparative shopping for
hotels and should not be mistaken for the unlawful third-party
actors that commit such misappropriation.
(6) The misleading and deceptive sales tactics companies
use against customers booking hotel rooms online have resulted
in the loss of sensitive financial and personal information,
financial harm, and headache for consumers.
(b) Sense of Congress.--It is the sense of Congress that--
(1) consumers benefit from the ability to shop for travel-
related services and products on the innovative platforms
offered by online travel agencies;
(2) sellers on the Internet should provide consumers with
clear, accurate information and such sellers should have an
opportunity to compete fairly with one another; and
(3) the Federal Trade Commission should revise the Internet
Web site of the Commission to make it easier for consumers and
businesses to report complaints of deceptive practices with
respect to online booking of hotel reservations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Affiliation contract.--The term ``affiliation
contract'' means, with respect to a hotel, a contract with the
owner of the hotel, the entity that manages the hotel, or the
franchisor of the hotel to provide online hotel reservation
services for the hotel.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Exhibition organizer or meeting planner.--The term
``exhibition organizer or meeting planner'' means the person
responsible for all aspects of planning, promoting, and
producing a meeting, conference, event, or exhibition,
including overseeing and arranging all hotel reservation plans
and contracts for the meeting, conference, event, or
exhibition.
(4) Official housing bureau.--The term ``official housing
bureau'' means the organization designated by an exhibition
organizer or meeting planner to provide hotel reservation
services for meetings, conferences, events, or exhibitions.
(5) Party directly affiliated.--The term ``party directly
affiliated'' means, with respect to a hotel, a person who has
entered into an affiliation contract with the hotel.
(6) Third party online hotel reservation seller.--The term
``third party online hotel reservation seller'' means any
person that--
(A) sells any good or service with respect to a
hotel in a transaction effected on the Internet; and
(B) is not--
(i) a party directly affiliated with the
hotel; or
(ii) an exhibition organizer or meeting
planner or the official housing bureau for a
meeting, conference, event, or exhibition held
at the hotel.
SEC. 4. REQUIREMENTS FOR THIRD PARTY ONLINE HOTEL RESERVATION SELLERS.
(a) In General.--It shall be unlawful for a third party online
hotel reservation seller to charge or attempt to charge any consumer's
credit card, debit card, bank account, or other financial account for
any good or service sold in a transaction effected on the Internet with
respect to a hotel unless the third party online hotel reservation
seller--
(1) clearly and conspicuously discloses to the consumer all
material terms of the transaction, including--
(A) before the conclusion of the transaction--
(i) a description of the good or service
being offered; and
(ii) the cost of such good or service; and
(B) in a manner that is continuously visible to the
consumer throughout the transaction process, the fact
that the person is a third party online hotel
reservation seller and is not--
(i) affiliated with the person who owns the
hotel or provides the hotel services or
accommodations; or
(ii) an exhibition organizer or meeting
planner or the official housing bureau for a
meeting, conference, event, or exhibition held
at the hotel; or
(2) includes prominent and continuous disclosure of the
brand identity of the third party online hotel reservation
seller throughout the transaction process, both online and over
the phone.
(b) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) by a person subject to such subsection shall be
treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B)
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Commission shall enforce this
section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act.
(B) Privileges and immunities.--Any person who
violates this section shall be subject to the penalties
and entitled to the privileges and immunities provided
in the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(C) Rulemaking.--
(i) In general.--The Commission may
promulgate such rules as the Commission
considers appropriate to enforce this section.
(ii) Procedures.--The Commission shall
carry out any rulemaking under clause (i) in
accordance with section 553 of title 5, United
States Code.
(c) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely
affected by the engagement of any person subject to subsection
(a) in a practice that violates such subsection, the attorney
general of the State may, as parens patriae, bring a civil
action on behalf of the residents of the State in an
appropriate district court of the United States to obtain
appropriate relief.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Commission in writing that the
attorney general intends to bring a civil
action under paragraph (1) before initiating
the civil action against a person subject to
subsection (a).
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by federal trade commission.--The
Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1) against a person described in
subsection (d)(1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(3) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(4) State coordination with federal trade commission.--If
the Commission institutes a civil action or an administrative
action with respect to a violation of subsection (a), the
attorney general of a State shall coordinate with the
Commission before bringing a civil action under paragraph (1)
against any defendant named in the complaint of the Commission
for the violation with respect to which the Commission
instituted such action.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(6) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other officer of a State who is authorized by the State
to do so may bring a civil action under paragraph (1),
subject to the same requirements and limitations that
apply under this subsection to civil actions brought by
attorneys general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State. | Stop Online Booking Scams Act of 2016 This bill prohibits third party online hotel reservation sellers from charging a consumer's credit card or financial accounts in an Internet transaction for a hotel unless they disclose: (1) a description of the offered good or service, the cost, and other material terms before the conclusion of the transaction; (2) that the third party seller is not affiliated with the person who owns or provides the hotel services or accommodations and is not an exhibition organizer, a meeting planner, or the official housing bureau for an event at the hotel; and (3) the brand identity of the third party both online and over the phone. The bill provides authority to the Federal Trade Commission (FTC) and states to enforce against violations. The bill also expresses the sense of Congress that the FTC should revise its website to make it easier for consumers and businesses to report complaints of deceptive practices with respect to online booking of hotel reservations. | {"src": "billsum_train", "title": "Stop Online Booking Scams Act of 2016"} | 2,143 | 197 | 0.641887 | 2.110949 | 0.660234 | 3.491892 | 10.854054 | 0.908108 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Housing Fair Compensation Act
of 1993''.
SEC. 2. AUTHORITY AND AMOUNT.
Section 6(d) of the United States Housing Act of 1937 (42 U.S.C.
1437d(d)) is amended to read as follows:
``(d) Payments in Lieu of State and Local Taxes.--
``(1) In general.--Each contract for contributions with
respect to a low-income housing project shall provide that
contributions by the Secretary may not be made available for
the project unless the project (exclusive of any portion of the
project that is not assisted by contributions under this Act)
is exempt from all real and personal property taxes levied or
imposed by the State, city, county, or other political
subdivision. Each such contract shall require the public
housing agency to make payments in lieu of taxes, from amounts
provided to the agency pursuant to paragraph (5), in the amount
determined under paragraphs (2) and (3). If any low-income
housing project is not exempt from all real and personal
property taxes levied or imposed by the State, city, county, or
other political subdivision, such contract shall provide, in
lieu of the requirement for tax exemption and payment in lieu
of taxes, that contributions by the Secretary may not be made
available for the project unless and until the State, city,
county, or other political subdivision in which the project is
situated shall contribute, in the form of cash or tax
remission, the amount by which the taxes paid with respect to
the project exceed the amount determined under paragraph (2)(A)
for the project.
``(2) Determination of amount.--Subject to the limitations
under paragraph (4), the amount in lieu of taxes to be paid
under paragraph (1) by a public housing agency for a year for
any low-income housing project shall be--
``(A) the sum of the amounts determined, for units
of each size, by multiplying (i) the number of dwelling
units in the project of such size, by (ii) the
applicable adjusted per unit payment amount determined
under paragraph (3) for units of such size; or
``(B) such lesser amount that is--
``(i) prescribed by State law;
``(ii) agreed to by the local governing
body in its agreement for local cooperation
with the public housing agency required under
section 5(e)(2); or
``(iii) due to the failure of a local
public body or bodies other than the public
housing agency to perform any obligation under
such agreement.
``(3) Adjusted per unit payment amounts.--
``(A) In general.--For purposes of this subsection,
the Secretary shall determine the adjusted per unit
payment amounts for each fiscal year for dwelling units
of various sizes in low-income housing projects, as
determined by the Secretary. The per unit payment
amount for a dwelling unit for any fiscal year shall be
the pro rata share of the total amount available for
the fiscal year for all payments under this subsection
for all dwelling units, taking into consideration the
size of the dwelling unit (subject to subparagraph (B))
and the cost of housing in the area in which the
project containing the dwelling unit is located (based
on the median family income and fair market rentals as
established under section 8(c), for such area).
``(B) Dwelling size.--The Secretary shall provide
that (not taking into consideration any adjustment due
to area housing costs) the adjusted per unit payment
amount under this paragraph for single-room dwelling
units (not containing bathroom or kitchen facilities)
and units of 2 or more bedrooms is greater than such
amount for units of 1 bedroom that contain bathrooms
and kitchen facilities.
``(4) Limitations on amount.--Notwithstanding any other
provision of this subsection, the amount in lieu of taxes to be
paid under this subsection by a public housing agency in any
year may not exceed--
``(A) for any single dwelling unit, $1,400; and
``(B) for any project, the amount equal to the sum
of all real and personal property taxes that would be
levied or imposed with respect to the project by the
State, city, county, and other political subdivisions
were the project not exempt from all real and personal
property taxes.
``(5) Authorization of appropriations.--There are
authorized to be appropriated for providing amounts to public
housing agencies for making payments in lieu of taxes under
this subsection the following amounts for the following fiscal
years:
``(A) $500,000,000 for fiscal year 1994.
``(B) $1,000,000,000 for fiscal year 1995.
``(C) $2,000,000,000 for fiscal year 1996.
``(D) $2,000,000,000 for fiscal year 1997.
``(E) $2,000,000,000 for fiscal year 1998.''.
SEC. 3. APPLICABILITY.
The amendment made by section 2 shall apply only with respect to
fiscal year 1994 and fiscal years thereafter, and the provisions of
section 6(d) of the United States Housing Act of 1937, as in effect
immediately before the enactment of this section, shall apply with
respect to fiscal years preceding fiscal year 1994. | Public Housing Fair Compensation Act of 1993 - Amends the United States Housing Act of 1937 to revise the method of calculating the amounts paid by public housing agencies in lieu of State and local real and personal property taxes.
Authorizes appropriations for such payments. | {"src": "billsum_train", "title": "Public Housing Fair Compensation Act of 1993"} | 1,118 | 58 | 0.484615 | 1.137338 | 0.812244 | 3.375 | 22.916667 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Liberian Refugee Immigration
Protection Act of 2005''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN NATIONALS.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien
described in subsection (b) shall be adjusted by the Attorney
General to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment before April 1,
2007; and
(B) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), and (7)(A) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition on submitting or granting such
application, to file a motion to reopen, reconsider, or vacate
such order. If the Attorney General grants the application, the
Attorney General shall cancel the order. If the Attorney
General renders a final administrative decision to deny the
application, the order shall be effective and enforceable to
the same extent as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) is a national of Liberia; and
(2)(A) who was granted temporary protected status on or
after March 27, 1991; or
(B) was eligible to apply for temporary protected status on
or after March 27, 1991.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal or exclusion to seek a stay of such order based on
the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the
alien with an ``employment authorized'' endorsement or other
appropriate document signifying authorization of employment,
except that if such application is pending for a period
exceeding 180 days, and has not been denied, the Attorney
General shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of an alien shall
be adjusted by the Attorney General to that of an alien
lawfully admitted for permanent residence, if--
(A) the alien is a national of Liberia;
(B) the alien is the spouse, child, or unmarried
son or daughter, of an alien whose status is adjusted
to that of an alien lawfully admitted for permanent
residence under subsection (a), except that in the case
of such an unmarried son or daughter, the son or
daughter shall be required to establish that they have
been physically present in the United States for at
least 1 year and is physically present in the United
States on the date the application for such adjustment
is filed;
(C) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed; and
(D) the alien is otherwise eligible to receive an
immigration visa and is otherwise admissible to the
United States for permanent residence, except in
determining such admissibility the grounds for
exclusion specified in paragraphs (4), (5), (6)(A), and
(7)(A) of section 212(a) of the Immigration and
Nationality Act shall not apply.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(B), an alien shall not be
considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the United
States for any periods in aggregate not exceeding 180 days.
(e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this section is final and shall not be subject to review by any court.
(g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in this Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted the status of having been lawfully admitted
for permanent residence under this section shall not preclude the alien
from seeking such status under any other provision of law for which the
alien may be eligible. | Liberian Refugee Immigration Protection Act of 2005 - Provides for the permanent resident status adjustment of certain Liberian nationals who were granted, or are eligible to apply for, temporary protected status on or after March 27, 1991. | {"src": "billsum_train", "title": "To adjust the immigration status of certain Liberian nationals who were provided refuge in the United States."} | 1,418 | 49 | 0.62642 | 1.527003 | 1.01945 | 3.097561 | 32.829268 | 0.902439 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Budgeting Act of 1993''.
SEC. 2. STATEMENT OF FINDING AND PURPOSE.
(a) Statement of Finding.--The Congress finds that the existing
budget obscures the distinctions between capital activities and
operating activities, and between general funds, trust funds, and
enterprise funds, so as to hinder identification of the resources
needed to meet the needs of the Government and the investment needs of
the economy that are necessary for sustained economic growth.
(b) Purpose.--It is the purpose of this Act that the unified budget
present a capital budget and an operating budget, and distinguish
between general funds, trust funds, and enterprise funds, in order to
provide better and more relevant information on the revenues, expenses,
and financing requirements of Government programs and activities.
SEC. 3. CAPITAL AND OPERATING BUDGETS.
Title 31, United States Code, is amended by inserting after section
1105 the following new section:
Sec. 1105a. Capital and operating budgets
``(a)(1) The budget of the United States submitted by the President
under section 1105 of this title shall be a unified budget composed of
an operating budget and a capital budget.
``(2) Operating and capital budgets shall be presented separately
for unified funds, general funds, trust funds, and enterprise funds.
``(b)(1) Actual, estimated, and proposed amounts shall be presented
for unified funds, general funds, trust funds, and enterprise funds,
and, at a minimum, shall contain--
``(A) for the operating budget the following: (i) operating
revenues, (ii) operating expenses, (iii) operating surplus/
deficit before interfund transfers, (iv) interfund transfers,
(v) operating surplus/deficit, and (vi) Federal expenditures
financing the operating expenses of State and local
governments;
``(B) for the capital budget the following: (i) capital
revenues, (ii) capital investments, (iii) capital financing
requirements before interfund transfers, (iv) interfund
transfers, and (v) capital financing requirements; and
``(C) unified budget financing requirements.
``(2) The capital budget shall represent only the major activities,
projects, and programs which support the acquisition, construction,
alteration, and rehabilitation of capital assets. All other activities,
projects, and programs shall be represented in the operating budget.
``(c) In addition to the unified budget submitted by the President
as required by subsections (a) and (b) of this section, the President
shall present information in the form required by subsection (b)(1) for
accounts, agencies, and functions, to the extent applicable, the
capital investments by State and local governments not financed by the
Federal Government.
``(d) In this section--
``(1) `unified budget' means a budget in which revenues and
expenses for general funds, trust funds, and enterprise funds
are consolidated to display totals for the Federal Government
as a whole;
``(2) `trust funds' means--
``(A) the Federal Old-Age and Survivors Insurance
Trust Fund,
``(B) the Federal Hospital Insurance Trust Fund,
``(C) the Civil Service Retirement and Disability
Fund,
``(D) the Military Retirement Fund,
``(E) the Federal Supplementary Medical Insurance
Trust Fund,
``(F) the Unemployment Trust Fund,
``(G) the Federal Disability Insurance Trust Fund,
``(H) the Highway Trust Fund,
``(I) the Airport and Airway Trust Fund, and
``(J) such other funds or accounts of the
Government that the Director of the Office of
Management and Budget, in consultation with the
Comptroller General, determines should be classified as
trust funds in order to fulfill the purpose of this
section;
``(3) `enterprise funds' means--
``(A) the Postal Service,
``(B) the Resolution Trust Corporation,
``(C) the Federal Deposit Insurance Corporation
Fund,
``(D) the Federal Housing Administration,
``(E) the Tennessee Valley Authority Fund,
``(F) the Bonneville Power Administration Fund,
``(G) the Rural Electrification and Telephone
Revolving Loan Fund,
``(H) the Export-Import Bank of the United States,
``(I) the Southeastern Power Administration,
``(J) the Southwestern Power Administration,
``(K) the Western Area Power Administration,
``(L) the Alaska Power Administration,
``(M) the Overseas Private Investment Corporation,
``(N) the St. Lawrence Seaway Development
Corporation,
``(O) the Rural Telephone Bank,
``(P) the Pension Benefit Guaranty Corporation, and
``(Q) such other funds or accounts of the
Government that the Director of the Office of
Management and Budget, in consultation with the
Comptroller General, determines should be classified as
enterprise funds in order to fulfill the purpose of
this section;
``(4) `general funds' includes all accounts of the
Government that are not trust funds or enterprise funds;
``(5) `unified funds' means general funds, trust funds, and
enterprise funds and represents the unified budget;
``(6) `capital assets' means physical assets and financial
assets, but does not include consumable inventories;
``(7) `physical assets' means tangible assets (other than
assets used for national defense or security)--
``(A) the ownership of which is or will be in the
public domain;
``(B) that produce services or benefits for more
than 5 years;
``(C) that have an initial cost equal to or more
than $500,000; and
``(D) including--
``(i) roadways and bridges;
``(ii) airports and airway facilities;
``(iii) mass transportation systems;
``(iv) waste water treatment, water
distribution delivery, and related facilities;
``(v) water resource projects;
``(vi) medical facilities;
``(vii) resource recovery facilities;
``(viii) public structures;
``(ix) space and communication facilities;
and
``(x) strategic petroleum reserves and
mineral stockpiles;
``(8) `financial assets' means interests of the Federal
Government in, and claims of the Federal Government against,
foreign governments, States and their political subdivisions,
corporations, associations, and individuals and their resources
which are represented by a legal instrument (such as bonds,
debentures, notes, and other securities), less any credit
subsidy costs attributable to such financial assets;
``(9) `credit subsidy costs' means the losses incurred by
the Federal Government as a result of its direct and guaranteed
loans, including such costs as interest and default;
``(10) `consumable inventories' means tangible assets of
the Federal Government, including stockpiles, supplies, and
inventories, which typically are consumed within 5 years or
which have an initial price less than $500,000;
``(11) `operating revenues' means all receipts of the
Federal Government, other than those identified in paragraph
(17), including profits and interest earned on financial
assets;
``(12) `operating expenses' means all expenses of the
Federal Government, other than those identified in paragraph
(18), including interest payments on debts, asset consumption
charge, and credit subsidy costs;
``(13) `the operating surplus/deficit before interfund
transfers' means the difference between operating revenues and
operating expenses before interfund transfers;
``(14) `interfund transfers' means the flow of revenues
between general and enterprise funds and trust funds accounts
that are expenses from the account making the payments and
revenues to the account receiving the payments;
``(15) `operating surplus/deficit' means the operating
surplus/deficit before interfund transfers plus or minus
interfund transfers;
``(16) `asset consumption charge' means the systematic and
rational allocation of the cost--historical, replacement, or
current value--of a physical asset (having a useful life of
more than 5 years) financed by the appropriation accounts for
which the capital budget required by this section applies;
``(17) `capital revenues' means receipts of the Federal
Government derived from taxes, collections, and receipts
dedicated by statute, for the rehabilitation of capital assets
which relate to the activities, functions, and programs
represented by the capital budget;
``(18) `capital investments' means expenditures of the
Federal Government, including those under grants, contracts,
and leases, which are for the acquisition, construction, and
rehabilitation of capital assets; and Federal expenditures
(including tax expenditures) which are for the acquisition,
construction, and rehabilitation of the physical assets of
State and local governments;
``(19) `capital financing requirements before interfund
transfers' means the difference between capital revenues and
capital investments before interfund transfers;
``(20) `capital financing requirements' means financing
requirements before interfund transfers plus or minus interfund
transfers; and
``(21) `unified budget financing requirements' means the
total of the operating surplus/deficit and the capital
financing requirements; and
SEC. 4. CONFORMING AMENDMENTS
Section 1112 of title 31, United States Code, is amended--
(1) in subsection (c)(1) by inserting ``criteria,
principles, and standards for determining the contents of the
operating and capital budgets required under section 1105a of
this title, and'' after ``including''; and
(2) by adding the following subsection at the end thereof:
``(g) The Comptroller General shall review and report to the
Congress on the implementation of section 1105a of this title as the
Comptroller General deems necessary. A review by the Comptroller
General may include determining whether--
``(1) the actual, estimated, and proposed appropriations,
receipts, and investments presented in the capital budget
represent activities, functions, and programs which support the
acquisition, construction, alteration, and rehabilitation of
capital assets; and
``(2) the classifications made by the Director of the
Office of Management and Budget under section 1105a(d)(2)(H) of
this title further the purposes of section 1105a.''.
SEC. 5. REPORT BY THE COMMITTEE ON THE BUDGET.
Not later than September 30, 1994, the Committee on the Budget
shall submit to the House of Representatives proposed legislation which
shall establish additional deficit targets under the Balanced Budget
and Emergency Deficit Control Act of 1985 beginning in fiscal year 1995
which would require the eventual elimination of deficits in the
operating account as set forth in the amendments made by this Act in
accordance with the Committee on the Budget's proposed deficit targets.
SEC. 6. REPORT BY THE COMMITTEE ON GOVERNMENT OPERATIONS.
Not later than September 30, 1994, the Committee on Government
Operations of the House of Representatives shall report legislation
directing the Comptroller General to evaluate--
(1) on an annual basis, the value and usefulness of capital
investments in the capital account as set forth in the
amendments made by this Act; and
(2) the value and usefulness of proposed capital
investments submitted to the House of Representatives after the
enactment of this Act.
SEC. 7. REPORT BY THE COMMITTEE ON RULES.
Not later than September 30, 1994, the Committee on Rules of the
House of Representatives shall report legislation establishing rules to
facilitate the enforcement of the amendments made by this Act to title
31, United States Code.
SEC. 8. PUBLIC WORKS FINANCING INFORMATION.
Title VII of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3211-3226) is amended by adding at the end the following new
section:
``SEC. 717. PUBLIC WORKS FINANCING INFORMATION.
``(a) Transportation Reports.--Not later than 12 months after the
date of enactment of the Capital Budgeting Act of 1993, and annually
thereafter, the Secretary of Transportation shall report to the House
Committee on Public Works and Transportation and the Senate Committee
on Environment and Public Works, at the account, function, and agency
levels, the actual, estimated, and proposed appropriations, receipts,
and expenditures for capital activities and operating activities
associated with the following:
``(1) roadways and bridges;
``(2) airports and airway facilities; and
``(3) mass transportation systems.
``(b) Water Pollution Reports.--Not later than 12 months after the
date of enactment of the Capital Budgeting Act of 1993 and annually
thereafter, the Administrator of the Environmental Protection Agency
shall report to the House Committee on Public Works and Transportation
and the Senate Committee on Environment and Public Works, at the
account and function levels, the actual, estimated, and proposed
appropriations, receipts, and expenditures for capital activities and
operating activities associated with waste water treatment, water
distribution delivery, and related facilities.
``(c) Water Resources Reports.--Not later than 12 months after the
date of enactment of the Capital Budgeting Act of 1993 and annually
thereafter, the Assistant Secretary of the Army for Civil Works shall
report to the House Committee on Public Works and Transportation and
the Senate Committee on Environment and Public Works, at the account
and function levels, the actual, estimated, and proposed
appropriations, receipts, and expenditures for capital activities and
operating activities associated with water resource projects.
``(d) Public Buildings Reports.--Not later than 12 months after the
date of enactment of the Capital Budgeting Act of 1993 and annually
thereafter, the Administrator of the General Services Administration
shall report to the House Committee on Public Works and Transportation
and the Senate Committee on Environment and Public Works, at the
account and function levels, the actual, estimated, and proposed
appropriations, receipts, and expenditures for capital activities and
operating activities associated with public buildings.''. | Capital Budgeting Act of 1993 - Amends Federal law to require that the budget the President submits to the Congress be a unified budget comprising an operating budget and a capital budget, each presented separately for unified, general, trust, and enterprise funds. Restricts the capital budget to the major activities and programs supporting the acquisition, construction, alteration, and rehabilitation of capital assets and includes all other items in the operating budget. Requires the President to present certain additional information, including the capital investments by State and local governments not financed by the Federal Government.
Requires the House Committee on the Budget to submit legislation to establish additional deficit targets under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) beginning in FY 1995 which would require the eventual elimination of deficits in the operating account.
Requires the House Committee on Government Operations to report legislation directing the Comptroller General to evaluate the value and usefulness: (1) of capital investments in the capital account on an annual basis; and (2) of proposed capital investments submitted to the House after enactment of this Act.
Requires the House Committee on Rules to report legislation establishing rules to facilitate the enforcement of amendments made by this Act.
Amends the Public Works and Economic Development Act of 1965 to require reports to specified congressional committees on the actual, estimated, and proposed appropriations, receipts, and expenditures for capital and operating activities associated with certain transportation, water, and public buildings projects. | {"src": "billsum_train", "title": "Capital Budgeting Act of 1993"} | 3,066 | 329 | 0.596766 | 1.700944 | 0.796227 | 4.097902 | 10.36014 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Reinvestment Improvement
Act of 1993''.
SEC. 2. MODIFIED EVALUATIONS.
The Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) is
amended by adding at the end the following new section:
``SEC. 809. MODIFIED EVALUATIONS.
``(a) Scope.--In lieu of being evaluated under section 804 and
receiving a written evaluation under section 807, an institution's
record of meeting the credit needs of its entire community with respect
to any calendar year shall be evaluated pursuant to this section if the
institution--
``(1) has not been found to be in violation of section
701(a) of the Equal Credit Opportunity Act, or any other
provision of such Act, during the five-year period preceding
such calendar year;
``(2) has not received a rating of `needs to improve' or
`substantial noncompliance' from the supervisory agency in the
most recent evaluation of the institution under section 807;
``(3) has not been disqualified from evaluation under this
section by the supervisory agency pursuant to a provision of
this section; and
``(4) has, as of the December 31 preceding the beginning of
such calendar year, total assets of less than $500,000,000.
The dollar amount in this subsection shall be adjusted annually after
December 31, 1992, by the annual percentage increase in the Consumer
Price Index for Urban Wage Earners and Clerical Workers published by
the Bureau of Labor Statistics.
``(b) Modified Evaluation.--An institution which is described in
subsection (a) with respect to any calendar year shall, during such
year--
``(1) maintain internal policies to help meet the credit
needs of its local community consistent with the safe and sound
operation of such institution;
``(2) declare in writing to the supervisory agency, at such
time as the agency shall prescribe by regulation, that the
institution--
``(A) is an institution described in subsection
(a); and
``(B) is in compliance with this subsection;
``(3) display any notices as required by the supervisory
agency concerning the institution's compliance with the
requirements of this Act; and
``(4) make available for public inspection the following
information regarding the record of such institution in meeting
the credit needs of its entire community--
``(A) an identification of the community it serves;
``(B) a list of the types of credit offered by the
institution;
``(C) public comments received during such year or
any of the two years immediately preceding such year
regarding the institution's service of the entire
community's credit needs; and
``(D) copies of any declaration submitted under
subparagraph (2).
``(c) Regulatory Evaluation.--
``(1) In general.--The supervisory agency shall conduct an
evaluation of an institution's compliance with this section in
connection with its examination of such institution, or every
two years, whichever is more frequent.
``(2) Notice.--Upon commencing a compliance evaluation
pursuant to the section, the supervisory agency shall provide
public notice stating that it is conducting such evaluation of
the institution.
``(3) Procedure.--In performing periodic evaluations of
institutions pursuant to subsection (c) of this section, the
supervisory agency--
``(A) shall review the institution's existing
business records and shall not require the institution
to produce documentation other than existing business
records, and
``(B) shall review any additional information
provided by the institution or other interested
parties.
``(4) Disqualification.--In addition to any administrative
enforcement action authorized under any other provision of law,
if the supervisory agency determines after an evaluation under
this subsection that the institution is not in compliance with
this section, then the supervisory agency may determine that
the institution shall be disqualified from evaluation under
this section for such period as the agency may determine to be
appropriate.
``(e) Penalties.--In addition to any criminal or civil penalty or
any administrative enforcement action authorized under any other
provision of law, if the supervisory agency finds that an institution
has intentionally submitted false information to the supervisory agency
or otherwise willfully violated the requirements of subsection (b), the
institution shall be disqualified from evaluation under this section
such period, not to exceed ten years, as the agency may determine to be
appropriate.
``(f) Definitions.--
``(1) `Institution' means a regulated financial institution
meeting the requirements of subsection (a).
``(2) `Supervisory agency' means the appropriate Federal
financial supervisory agency of a regulated financial
institution.''.
SEC. 3. EVALUATION EXEMPTION.
The Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) is
amended by inserting after section 809 (as added by section 2 of this
Act) the following new section:
``SEC. 810. EVALUATION EXEMPTION.
``A regulated financial institution shall not be subject to the
evaluation requirements of this title or any regulations issued under
this title if--
``(1) the main office and each branch of such institution
is located in an incorporated city or town, or an
unincorporated place recognized by the Census Bureau that has a
population of not more than twenty-five thousand persons; and
``(2) the aggregate assets of the institution and any
company which is a depository holding company with respect to
such institution (as defined in section 3(w) of the Federal
Deposit Insurance Act) are less than $100,000,000.
The dollar amount in this section shall be adjusted annually after
December 31, 1993, by the annual percentage increase in the Consumer
Price Index for Urban Wage Earners and Clerical Workers published by
the Bureau of Labor Statistics.''.
SEC. 4. SAFE HARBOR.
The Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) is
amended by inserting after section 810 (as added by section 3 of this
Act) the following new section:
``SEC. 811. SAFE HARBOR.
``Notwithstanding section 804(2), an application for a deposit
facility by a regulated financial institution shall not be denied on
the basis of such institution's compliance with this Act if such
institution in the previous twenty-four months--
``(1) has received a rating of `Outstanding' or
`Satisfactory' from the appropriate Federal financial
supervisory agency in an evaluation of the institution under
section 807 conducted, or
``(2) has been found to be in compliance with section 809
in a regulatory review conducted under section 809(c),
unless such institution's compliance has materially deteriorated since
such evaluation.''. | Community Reinvestment Improvement Act of 1993 - Amends the Community Reinvestment Act of 1977 to set forth a modified evaluation procedure for certain mid-sized financial institutions which meet specified criteria.
Requires the appropriate financial institutions supervisory agency to: (1) conduct a compliance evaluation in connection with its examination of such institutions or every two years, whichever is more frequent; and (2) provide public notice of such evaluation upon its commencement.
Disqualifies from this Act's modified evaluation procedure for a ten-year period any institution that has intentionally submitted false information or willfully violated the requirements of this Act.
Exempts from the evaluation requirements of this Act certain small-sized regulated financial institutions.
Cites criteria under which a regulated financial institution's application for a deposit facility shall not be denied on the basis of its compliance with this Act. | {"src": "billsum_train", "title": "Community Reinvestment Improvement Act of 1993"} | 1,498 | 183 | 0.574981 | 1.559774 | 0.848833 | 2.583851 | 8.763975 | 0.869565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Court of Federal Claims
Administration Act of 1994''.
SEC. 2. EXTENDED SERVICE.
Section 172(a) of title 28, United States Code, is amended by
adding at the end thereof the following new sentence: ``If a judge is
not reappointed, such judge may continue in office until a successor is
appointed and takes office.''.
SEC. 3. SERVICE ON TERRITORIAL COURTS.
Section 174 of title 28, United States Code, is amended by adding
at the end thereof the following new subsection:
``(c) Upon request by or on behalf of a territorial court and with
the concurrence of the chief judge of the Court of Federal Claims and
the chief judge of the judicial circuit involved based upon a finding
of need, judges of the Court of Federal Claims shall have authority to
conduct proceedings in the district courts of territories to the same
extent as duly appointed judges of those courts.''.
SEC. 4. RESIDENCE OF RETIRED JUDGES.
Section 175 of title 28, United States Code, is amended by adding
at the end thereof the following new subsection:
``(c) Retired judges of the Court of Federal Claims are not subject
to restrictions as to residence. The place where a retired judge
maintains the actual abode in which such judge customarily lives shall
be deemed to be the judge's official duty station for the purposes of
section 456 of this title.''.
SEC. 5. JUDICIAL CONFERENCE PARTICIPATION.
Section 331 of title 28, United States Code, is amended--
(1) by inserting in the first sentence of the first
undesignated paragraph ``the chief judge of the United States
Court of Federal Claims,'' after ``Court of International
Trade,'';
(2) by inserting in the first sentence of the third
undesignated paragraph ``the chief judge of the United States
Court of Federal Claims,'' after ``the chief judge of the Court
of International Trade,''; and
(3) by inserting in the first sentence of the third
undesignated paragraph ``or United States Court of Federal
Claims,'' after ``any other judge of the Court of International
Trade,''.
SEC. 6. COURT OF FEDERAL CLAIMS JUDICIAL CONFERENCE.
(a) In General.--Chapter 15 of title 28, United States Code, is
amended by adding at the end thereof the following new section:
``Sec. 336. Judicial Conference of the Court of Federal Claims
``(a) The chief judge of the Court of Federal Claims is authorized
to summon annually the judges of such court to a judicial conference,
at a time and place that such chief judge designates, for the purpose
of considering the business of such court and improvements in the
administration of justice in such court.
``(b) The Court of Federal Claims shall provide by its rules or by
general order for representation and active participation at such
conference by members of the bar.''.
(b) Technical and Conforming Amendments.--The table of sections of
chapter 15 is amended by adding the following new item:
``336. Judicial Conference of the Court of Federal Claims.''.
SEC. 7. RECALL OF JUDGES ON DISABILITY STATUS.
Section 797(a) of title 28, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end thereof the following new
paragraph:
``(2) Any judge of the Court of Federal Claims receiving an annuity
pursuant to section 178(c) of this title (relating to disability) who,
in the estimation of the chief judge, has recovered sufficiently to
render judicial service, shall be known and designated as a senior
judge and may perform duties as a judge when recalled pursuant to
subsection (b) of this section.''.
SEC. 8. JURISDICTION.
Section 1491(a) of title 28, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``for monetary relief'' after
``any claim against the United States''; and
(B) by striking out ``or for liquidated or
unliquidated damages'';
(2) in paragraph (2)--
(A) by inserting ``(A) In any case within its
jurisdiction, the Court of Federal Claims shall have
the power to grant injunctive and declaratory relief
when appropriate.'' after ``(2)'';
(B) by striking out the last sentence; and
(C) by adding at the end thereof the following new
subparagraph:
``(B) The Court of Federal Claims shall have jurisdiction
to render judgment upon any claim by or against, or dispute
with, a contractor arising under section 10(a)(1) of the
Contract Disputes Act of 1978 (41 U.S.C. 609(a)(1)), including
a dispute concerning termination of a contract, rights in
tangible or intangible property, compliance with cost
accounting standards, and other nonmonetary disputes on which a
decision of the contracting officer has been issued under
section 6 of that Act (41 U.S.C. 605).''; and
(3) by adding at the end thereof the following new
paragraphs:
``(4) In cases otherwise within its jurisdiction, the Court
of Federal Claims shall also have ancillary jurisdiction,
concurrent with the courts designated in section 1346(b) of
this title, to render judgment upon any related tort claim
authorized by section 2674 of this title.
``(5) In cases within the jurisdiction of the Court of
Federal Claims which constitute judicial review of agency
action, the provisions of section 706 of title 5 shall
apply.''.
SEC. 9. SENIOR STATUS PROVISION.
Section 178 of title 28, United States Code, is amended by adding
at the end thereof the following new subsection:
``(m) For the purposes of applying section 3121(i)(5) of the
Internal Revenue Code of 1986 and section 209(h) of the Social Security
Act (42 U.S.C. 409(h)), the annuity of a Court of Federal Claims judge
on senior status after age 65 shall be deemed to be an amount paid
under section 371(b) of this title for performing services under the
provisions of section 294 of this title.''.
SEC. 10. MISCELLANEOUS PROVISION.
(a) In General.--Chapter 7 of title 28, United States Code, is
amended by adding after section 178 the following new section:
``Sec. 179. Court of Federal Claims judges as officers of the United
States
``(a) For the purpose of applying the provisions of title 5, a
judge of the United States Court of Federal Claims shall be deemed to
be an ``officer'' as defined under section 2104(a) of title 5.
``(b) For the purpose of applying chapter 87 of title 5, a judge of
the United States Court of Federal Claims who is retired under section
178 of this title shall be deemed to be a judge of the United States as
defined under section 8701(a)(5)(ii) of title 5.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 7 of title 28, United States Code, is amended by adding at the
end thereof the following new item:
``179. Court of Federal Claims judges as officers of the United
States.''.
SEC. 11. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act. | Court of Federal Claims Administration Act of 1994 - Amends the Federal judicial code to allow a judge of the U.S. Court of Federal Claims (Court) who is not reappointed to continue in office until a successor is appointed and takes office.
(Sec. 3) Grants judges of the Court authority to conduct proceedings in the district courts of territories to the same extent as duly appointed judges of those courts upon request by or on behalf of a territorial court and with the concurrence of the chief judge of the Court and the chief judge of the judicial circuit involved based upon a finding of need.
(Sec. 4) Exempts retired judges of the Court from residence restrictions. Provides that the place where a retired judge maintains the actual abode in which such judge customarily lives shall be the judge's official duty station.
(Sec. 5) Provides for Court membership on the Judicial Conference of the United States.
(Sec. 6) Authorizes the chief judge of the Court to summon the Court judges to a judicial conference annually to consider the business of, and improvements in the administration of justice in, the Court. Directs the Court to provide by its rules or by general order for representation and active participation at such conference by members of the bar.
(Sec. 7) Authorizes the chief judge of the Court to recall a formerly disabled judge who retires under the disability provisions of the Court's retirement system if, in the chief judge's view, such judge has recovered sufficiently to render judicial service.
(Sec. 8) Grants the Court: (1) the power to grant injunctive and declaratory relief; (2) jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor arising under specified provisions of the Contract Disputes Act of 1978; and (3) ancillary jurisdiction under the Federal Tort Claims Act when a claim is directly related to one otherwise within the Court's jurisdiction.
(Sec. 9) Provides that Court judges over age 65 who are on senior status will receive the same treatment as other Federal trial judges on senior status insofar as Social Security taxes and annuity payments are concerned.
(Sec. 10) Deems a Court judge to be a judicial officer eligible for coverage under annuity, insurance, and other programs available to other Federal trial judges, including the program for continued Federal life insurance coverage after retirement. | {"src": "billsum_train", "title": "Court of Federal Claims Administration Act of 1994"} | 1,723 | 543 | 0.647801 | 2.033301 | 0.678792 | 4.043197 | 3.386609 | 0.889849 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dolley Madison Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 150th anniversary of
the death of Dolley Madison, the Secretary of the Treasury (hereafter
in this Act referred to as the ``Secretary'') shall mint and issue not
more than 500,000 1 dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the 150th anniversary of the death
of Dolley Madison and the life and achievements of the wife of
the 4th President of the United States.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1999''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
executive director of Montpelier, the National Trust for
Historic Preservation, and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 1999.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 1999.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the National Trust for Historic Preservation in the
United States (hereafter in this Act referred to as the ``National
Trust'') to be used--
(1) to establish an endowment to be a permanent source of
support for Montpelier, the home of James and Dolley Madison
and a museum property of the National Trust; and
(2) to fund capital restoration projects at Montpelier.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the National
Trust unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the National Trust submits an audited financial
statement which demonstrates to the satisfaction of the
Secretary of the Treasury that, with respect to all projects or
purposes for which the proceeds of such surcharge may be used,
the National Trust has raised funds from private sources for
such projects and purposes in an amount which is equal to or
greater than the maximum amount the National Trust may receive
from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The National
Trust shall provide, as a condition for receiving any amount
derived from the proceeds of any surcharge imposed on the sale
of coins issued under this Act, for an annual audit, in
accordance with generally accepted government auditing
standards by an independent public accountant selected by the
National Trust, of all such payments to the National Trust
beginning in the first fiscal year of the National Trust in
which any such amount is received and continuing until all such
amounts received by the National Trust with respect to such
surcharges are fully expended or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the National Trust pursuant to paragraph (1)
shall report--
(A) the amount of payments received by the National
Trust during the fiscal year of the National Trust for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the National Trust from
the proceeds of such surcharges during the fiscal year
of the National Trust for which the audit is conducted;
and
(C) whether all expenditures by the National Trust
from the proceeds of such surcharges during the fiscal
year of the National Trust for which the audit is
conducted were for authorized purposes.
(3) Responsibility of National Trust to account for
expenditures of surcharges.--The National Trust shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the National Trust in each fiscal year of the
National Trust can be accounted for separately from all other
revenues and expenditures of the National Trust.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the National Trust for
which an audit is required under paragraph (1), the National
Trust shall--
(A) submit a copy of the report to the Secretary of
the Treasury; and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The National Trust may
use any amount received from payments derived from the proceeds
of any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary of the Treasury
may waive the application of any paragraph of this subsection
to the National Trust for any fiscal year after taking into
account the amount of surcharges which the National Trust
received or expended during such year.
(7) Availability of books and records.--The National Trust
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the National Trust, or by any
independent public accountant who audited the National Trust in
accordance with paragraph (1), which may relate to the receipt
or expenditure of any such amount by the National Trust.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the National Trust from
amounts derived from the proceeds of surcharges imposed on the sale of
coins issued under this Act may be used, directly or indirectly, by the
National Trust to compensate any agent or attorney for services
rendered to support or influence in any way legislative action of the
Congress relating to the coins minted and issued under this Act.
Passed the House of Representatives September 17, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Dolley Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 150th anniversary of the death of Dolley madison and the life and achievements of the wife of the fourth President of the United States.
Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James and Dolley Madison) as a museum; and (2) fund capital restoration projects at Montpelier.
Cites prerequisites for such distribution, including: (1) submission of an audited financial statement demonstrating to the Secretary's satisfaction that the Trust has raised funds from private sources equal to or greater than the maximum amount it may receive from surcharge proceeds; (2) an annual Trust audit; (3) a directive that the Trust maintain a separate accounting of surcharge proceeds and expenditures; (4) public disclosure of the Trust audit; (5) access to Trust records pertaining to receipts and expenditures; and (6) a proscription against the use of proceeds from surcharges to compensate agents or attorneys to influence commemorative coin legislation. | {"src": "billsum_train", "title": "Dolley Madison Commemorative Coin Act"} | 2,274 | 259 | 0.538445 | 1.661071 | 0.770831 | 3.464912 | 9.096491 | 0.885965 |
SECTION 1. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO
QUALIFIED SMALL BUSINESS STOCK.
(a) Increased Exclusion.--
(1) In general.--Subsection (a) of section 1202 of the
Internal Revenue Code of 1986 (relating to 50-percent exclusion
for gain from certain small business stock) is amended--
(A) by striking ``50 percent'' and inserting ``100
percent'', and
(B) by striking ``50-Percent'' in the heading and
inserting ``100-Percent''.
(2) Conforming amendments.--
(A) Subparagraph (A) of section 1(h)(5) of such
Code is amended to read as follows:
``(A) collectibles gain, over''.
(B) Section 1(h) of such Code is amended by
striking paragraph (8).
(C) Paragraph (9) of section 1(h) of such Code is
amended by striking ``, gain described in paragraph
(7)(A)(i), and section 1202 gain'' and inserting ``and
gain described in paragraph (7)(A)(i)''.
(D) The heading for section 1202 of such Code is
amended by striking ``50-percent'' and inserting ``100-
percent''.
(E) The table of sections for part I of subchapter
P of chapter 1 of such Code is amended by striking
``50-percent'' in the item relating to section 1202 and
inserting ``100-percent''.
(b) Reduction in Holding Period.--
(1) In general.--Subsection (a) of section 1202 of such
Code is amended by striking ``5 years'' and inserting ``3
years''.
(2) Conforming amendment.--Subsections (g)(2)(A) and
(j)(1)(A) of section 1202 of such Code are each amended by
striking ``5 years'' and inserting ``3 years''.
(c) Exclusion Available to Corporations.--
(1) In general.--Subsection (a) of section 1202 of such
Code is amended by striking ``other than a corporation''.
(2) Technical amendment.--Subsection (c) of section 1202 of
such Code is amended by adding at the end the following new
paragraph:
``(4) Stock held among members of controlled group not
eligible.--Stock of a member of a parent-subsidiary controlled
group (as defined in subsection (d)(3)) shall not be treated as
qualified small business stock while held by another member of
such group.''
(d) Repeal of Minimum Tax Preference.--
(1) In general.--Subsection (a) of section 57 of such Code
(relating to items of tax preference) is amended by striking
paragraph (7).
(2) Technical amendment.--Subclause (II) of section
53(d)(1)(B)(ii) of such Code is amended by striking ``, (5),
and (7)'' and inserting ``and (5)''.
(e) Stock of Larger Businesses Eligible for Exclusion.--
(1) In general.--Paragraph (1) of section 1202(d) of such
Code (defining qualified small business) is amended by striking
``$50,000,000'' each place it appears and inserting
``$300,000,000''.
(2) Inflation adjustment.--Section 1202(d) of such Code is
amended by adding at the end the following:
``(4) Inflation adjustment of asset limitation.--In the
case of stock issued in any calendar year after 2000, the
$300,000,000 amount contained in paragraph (1) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 1999' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the
nearest multiple of $10,000.''
(f) Repeal of Per-Issuer Limitation.--Section 1202 of such Code is
amended by striking subsection (b).
(g) Other Modifications.--
(1) Repeal of working capital limitation.--Section
1202(e)(6) of such Code (relating to working capital) is
amended--
(A) in subparagraph (B), by striking ``2 years''
and inserting ``5 years''; and
(B) by striking the last sentence.
(2) Exception from redemption rules where business
purpose.--Section 1202(c)(3) of such Code (relating to certain
purchases by corporation of its own stock) is amended by adding
at the end the following:
``(D) Waiver where business purpose.--A purchase of
stock by the issuing corporation shall be disregarded
for purposes of subparagraph (B) if the issuing
corporation establishes that there was a business
purpose for such purchase and one of the principal
purposes of the purchase was not to avoid the
limitations of this section.''
(h) Qualified Trade or Business.--Section 1202(e)(3) of such Code
(defining qualified trade or business) is amended by inserting ``and''
at the end of subparagraph (C), by striking ``, and'' at the end of
subparagraph (D) and inserting a period, and by striking subparagraph
(E).
(i) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section apply to stock issued after the
date of enactment of this Act.
(2) Special rule.--The amendments made by subsections (a),
(c), (e), (f), and (g)(1) apply to stock issued after August
10, 1993.
SEC. 2. REPEAL OF MINIMUM TAX PREFERENCE FOR EXCLUSION FOR INCENTIVE
STOCK OPTIONS.
(a) In General.--Subsection (b) of section 56 of the Internal
Revenue Code of 1986 is amended by striking paragraph (3).
(b) Effective Date.--The amendment made by this section shall apply
to options exercised in calendar years beginning after the date of the
enactment of this Act. | Repeals the minimum tax preference for the exclusion for incentive stock options. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase and modify the exclusion relating to qualified small business stock and to provide that the exclusion relating to incentive stock options will no longer be a minimum tax preference."} | 1,468 | 17 | 0.381705 | 0.859757 | -0.31648 | 2.769231 | 95.538462 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Affordability Act of
1996''.
SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) In General.--Part VII of subchapter B of chapter I of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 220 as
section 221 and by inserting after section 219 the following new
section:
``SEC. 220. HIGHER EDUCATION TUITION AND FEES.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction the amount of qualified higher
education expenses paid by the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The amount allowed as a deduction
under subsection (a) for any taxable year shall not exceed
$5,000 ($2,500 in the case of a married individual filing
separately).
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--The dollar limitation which
would (but for this paragraph) be taken into account
under paragraph (1) shall be reduced (but not below
zero) by the amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph equals the amount which bears
the same ratio to such dollar limitation as--
``(i) the excess (if any) of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $60,000 ($80,000 in the case
of a joint return), bears to
``(ii) $15,000.
``(C) Modified adjusted gross income.--For purposes
of subparagraph (B), the term `modified adjusted gross
income' means the adjusted gross income of the taxpayer
for the taxable year determined--
``(i) without regard to this section and
sections 911, 931, and 933, and
``(ii) after the application of sections
86, 135, 219, and 469.
For purposes of sections 86, 135, 219, and 469,
adjusted gross income shall be determined without
regard to the deduction allowed under this section.
``(c) Qualified Higher Education Expenses.--For purposes of this
section--
``(1) Qualified higher education expenses.--
``(A) In general.--The term `qualified higher
education expenses' means tuition and fees charged by
an educational institution and required for the
enrollment or attendance of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) any dependent of the taxpayer with
respect to whom the taxpayer is allowed a
deduction under section 151,
as an eligible student at an institution of higher
education.
``(B) Exception for education involving sports,
etc.--Such term does not include expenses with respect
to any course or other education involving sports,
games, or hobbies, unless such expenses--
``(i) are part of a degree program, or
``(ii) are deductible under this chapter
without regard to this section.
``(C) Exception for nonacademic fees.--Such term
does not include any student activity fees, athletic
fees, insurance expenses, or other expenses unrelated
to a student's academic course of instruction.
``(D) Eligible student.--For purposes of
subparagraph (A), the term `eligible student' means a
student who--
``(i) meets the requirements of section
484(a)(1) of the Higher Education Act of 1965
(20 U.S.C. 1091(a)(1)), as in effect on the
date of the enactment of this section, and
``(ii)(I) is carrying at least one-half the
normal full-time work load for the course of
study the student is pursuing, as determined by
the institution of higher education, or
``(II) is enrolled in a course which
enables the student to improve the student's
job skills or to acquire new job skills.
``(E) Identification requirement.--No deduction
shall be allowed under subsection (a) to a taxpayer
with respect to an eligible student unless the taxpayer
includes the name, age, and taxpayer identification
number of such eligible student on the return of tax
for the taxable year.
``(2) Institution of higher education.--The term
`institution of higher education' means an institution which--
``(A) is described in section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088), as in effect on
the date of the enactment of this section, and
``(B) is eligible to participate in programs under
title IV of such Act.
``(d) Special Rules.--
``(1) No double benefit.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for qualified higher education
expenses with respect to which a deduction is allowable
to the taxpayer under any other provision of this
chapter unless the taxpayer irrevocably waives his
right to the deduction of such expenses under such
other provision.
``(B) Dependents.--No deduction shall be allowed
under subsection (a) to any individual with respect to
whom a deduction under section 151 is allowable to
another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year
begins.
``(C) Savings bond exclusion.--A deduction shall be
allowed under subsection (a) for qualified higher
education expenses only to the extent the amount of
such expenses exceeds the amount excludable under
section 135 for the taxable year.
``(2) Limitation on taxable year of deduction.--
``(A) In general.--A deduction shall be allowed
under subsection (a) for any taxable year only to the
extent the qualified higher education expenses are in
connection with enrollment at an institution of higher
education during the taxable year.
``(B) Certain prepayments allowed.--Subparagraph
(A) shall not apply to qualified higher education
expenses paid during a taxable year if such expenses
are in connection with an academic term beginning
during such taxable year or during the first 3 months
of the next taxable year.
``(3) Adjustment for certain scholarships and veterans
benefits.--The amount of qualified higher education expenses
otherwise taken into account under subsection (a) with respect
to the education of an individual shall be reduced (before the
application of subsection (b)) by the sum of the amounts
received with respect to such individual for the taxable year
as--
``(A) a qualified scholarship (as defined in
section 117) which under section 117 is not includable
in gross income,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for educational expenses, or attributable to
enrollment at an eligible educational institution,
which is exempt from income taxation by any law of the
United States.
``(4) Married individuals filing separate returns.--In the
case of a married individual filing a separate return,
subsection (b)(2)(B) shall be applied by substituting `$40,000'
for `$60,000' and `$7,500' for `$15,000'. For purposes of this
section, marital status shall be determined under section 7703.
``(5) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall apply only if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(6) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this section, including regulations requiring recordkeeping and
information reporting.''
(b) Deduction Allowed in Computing Adjusted Gross Income.--Section
62(a) of such Code is amended by inserting after paragraph (15) the
following new paragraph:
``(16) Higher education tuition and fees.--The deduction
allowed by section 220.''
(c) Conforming Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 220 and inserting:
``Sec. 220. Higher education tuition and fees.
``Sec. 221. Cross reference.''
(d) Effective Date.--The amendments made by this section shall
apply to payments made after December 31, 1995. | Education Affordability Act of 1996 - Amends the Internal Revenue Code to allow an individual a deduction for the amount of qualified higher education expenses paid by the individual. Limits the amount allowed to $5,000 ($2,500 in case of a married individual filing separately). Provides for a limitation based on modified adjusted gross income and other limitations. | {"src": "billsum_train", "title": "Education Affordability Act of 1996"} | 1,991 | 74 | 0.58582 | 1.309296 | 0.919369 | 3.318182 | 27.151515 | 0.893939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Steel and Metal Consumers
Radioactivity Protection Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The metals industry in the United States is a
$100,000,000,000 plus industry and employs millions of
Americans.
(2) Because of their unique features, most metals can be
recycled over and over again which conserves the world's
natural resources and contributes to a healthy environment.
(3) Metal is an essential component of millions of
industrial, business, and consumer products. The presence of
radioactive contamination in steel scrap and other metals
resulting from the production, utilization, and fabrication of
nuclear fuel by the Department of Energy and other facilities
poses a risk to public safety, threatens the metals recycling
stream, and can cause millions of dollars worth of damage to
facilities that unknowingly process contaminated metals.
(4) The metals industry in the United States desires to
keep radioactive contamination resulting from the production,
utilization, and fabrication of nuclear fuel by the Department
of Energy and other facilities out of its facilities and
products.
(5) Currently there are no approved standards for the
unrestricted release of metals containing radioactive
contamination in the United States. The American public has
rejected all previous attempts by the Nuclear Regulatory
Commission to set a standard for such releases. It is expected
that American consumers will reject products that contain
unknown amounts of radioactive contamination from the
Department of Energy and nuclear fuel production, utilization,
and fabrication facilities. All such releases are now done only
with the specific approval of the Nuclear Regulatory Commission
or its agreement States.
(6) However, the Nuclear Regulatory Commission currently is
deliberating whether there is a need for a rulemaking to set a
specified level of radioactive material in scrap and other
metal that will be allowed in metals for unrestricted use.
(7) At present, there is a lack of accountability and a
lack of standards regarding radioactive content in metals
imported into the United States. The Nuclear Regulatory
Commission has no authority to regulate these metals at the
time of their importation.
SEC. 3. DUTIES OF FEDERAL AGENCIES.
(a) Nuclear Regulatory Commission.--
(1) Standard.--
(A) Establishment.--Not later than 24 months after
the date of enactment of this Act, the Nuclear
Regulatory Commission shall establish, through a
rulemaking under chapter 5 of title 5, United States
Code (relating to administrative procedures), a
standard that controls the free release of
radioactively contaminated scrap metal from the
Department of Energy or nuclear fuel cycle facilities
in order to protect the health and safety of the
American consumer.
(B) Limitation.-- Until such standard is
established, the Nuclear Regulatory Commission and
agreement States shall not take any action to
facilitate, implement, promulgate, or issue a rule or
guidance or take any other administrative action that
would allow the free release into commerce of
radioactively contaminated scrap metal.
(2) Release of radioactively contaminated equipment,
devices, commodities, and other materials.--Effective upon the
date of enactment of this Act, all radioactively contaminated
equipment, devices, commodities, and other materials approved
for general release to persons exempt from licensing by the
Nuclear Regulatory Commission or any of its agreement States
will be released only under the provisions of the Atomic Energy
Act of 1954 and its implementing regulations governing the
release of byproduct and source material (as defined in section
11 of such Act (42 U.S.C. 2014)). The Nuclear Regulatory
Commission is prohibited from establishing separate and
differing release regulations and standards for equipment,
devices, commodities, and other materials which are
contaminated during the nuclear fuel production, utilization,
and fabrication process from those regulations and standards
established for equipment, devices, commodities, and other
materials into which byproduct and source material have been
deliberately inserted for their beneficial use.
(b) Departments of Defense and Energy; Environmental Protection
Agency; Other Agencies.--The Departments of Defense and Energy, the
Environmental Protection Agency, and all other agencies that have
oversight or control over the release of radioactively contaminated
metals shall adopt standards that are no less stringent than the
standards established by the Nuclear Regulatory Commission under
subsection (a). Until such standards are established, the Secretary of
Energy, the Secretary of Defense, the Administrator of the
Environmental Protection Agency, and the heads of all other agencies
that have oversight or control over the release of radioactively
contaminated metals shall not take any action to facilitate, promote,
or allow the release into commerce of radioactively contaminated scrap
metal.
(c) United States Customs Service.--The United States Customs
Service shall, within 12 months after establishment of the standard
under subsection (a), monitor and enforce these standards at the
borders of the United States.
(d) Secretary of State.--After the standard is established under
subsection (a), the Secretary of State shall work with international
standard-writing bodies to adopt standards consistent with the standard
established under subsection (a).
(e) Interim Certifications.--Before the standard established under
subsection (a) takes effect, all scrap metal imported into the United
States must be accompanied by documentation--
(1) stating the amount of radioactive contamination as
certified by the government of the exporting country; and
(2) validating that the metal does not contain any
byproduct, source, or any special nuclear material.
Such information shall be readily available as part of the
documentation and must accompany the shipment of these products. This
requirement will go into effect 90 days after the date of enactment of
this Act and the Secretary of Commerce is directed to promulgate a
final rule implementing this requirement by that date.
SEC. 4. CIVIL PENALTY FOR FALSE DOCUMENTATION.
Any person who knowingly falsifies any documentation required under
section 3(e) or required under any standard in effect under section 3
shall be subject to a civil penalty of not more than $250,000 for each
violation.
SEC. 5. ANNUAL REPORT TO CONGRESS.
The Secretary of Commerce shall not later than one year after the
date of enactment of this Act and annually thereafter submit a report
to the Congress which--
(1) lists the number of violations of the standards in
effect under section 3 and the volume of tons of radioactively
contaminated metals involved in each violation reported on; and
(2) for each violation, lists the number of tons of
radioactively contaminated metals involved in each violation
reported on, the country of origin of such metals, and the type
of metal involved.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) Agreement state.--The term ``agreement State'' means a
State that--
(A) has entered into an agreement with the Nuclear
Regulatory Commission under section 274 of the Atomic
Energy Act of 1954 (42 U.S.C. 2021); and
(B) has authority to regulate the disposal of low-
level waste under such agreement.
(2) Nuclear fuel production, utilization, and fabrication
facility.--The term ``nuclear fuel production, utilization, and
fabrication facility'' means--
(A) any nuclear reactor, including those designed
or used primarily for the formation of plutonium or
uranium-233;
(B) any facility, equipment, or device designed or
used for the separation of the isotopes of plutonium,
except laboratory scale facilities designed or used for
experimental or analytical purposes only; or
(C) any facility, equipment, or device designed or
used for processing irradiated materials containing
special nuclear material or byproduct material,
except--
(i) laboratory scale facilities designed or
used for experimental or analytical purposes;
and
(ii) facilities in which processing is
conducted pursuant to a license issued under
parts 30 and 70 of title 10 of the Code of
Federal Regulations or the equivalent
regulations of an agreement State for the
receipt, possession, use, and transfer of
irradiated special nuclear material, which
license authorizes the processing of the
irradiated materials on a batch basis for the
separation of selected fission products and
limits the process batch to not more than 100
grams of uranium enriched in the isotope 235
and not more than 15 grams of any other special
nuclear material.
(3) Radioactively contaminated.--The term ``radioactively
contaminated'' means any material containing residual levels of
radiological contamination involving any source material, by-
product material, or special nuclear material as defined in
section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) or
any waste derived therefrom.
(4) Scrap metal.--The term ``scrap metal'' means ferrous or
non-ferrous metal equipment, vehicles, tools, and other metal
items (including metal pieces, parts, and bits) that are no
longer being used for their original purpose and are destined
to be processed as feedstock to produce new metal materials and
products. | Prohibits the NRC and agreement States from taking any action to facilitate, implement, promulgate, or issue any administrative guidance that would allow the free release into commerce of radioactively contaminated scrap metal until such standard has been established.
Mandates that: (1) radioactively contaminated equipment, devices, commodities, and other materials approved for release to persons exempt from NRC licensing requirements be released only pursuant to regulations governing the release of byproduct and source material under the Atomic Energy Act of 1954; and (2) the Departments of Defense and of Energy and all other agencies that oversee or control the release of radioactively contaminated metals adopt standards no less stringent than those established by the NRC.
Directs the U.S. Customs Service to monitor and enforce such standards at U.S. borders. Instructs the Secretary of State to work with international standard-writing bodies to adopt standards consistent with those of the NRC. Sets forth interim certification guidelines governing scrap metal imported into the United States.
Sets forth civil penalties for violations of this Act. Instructs the Secretary of Commerce to present an annual violations list to Congress. | {"src": "billsum_train", "title": "Steel and Metal Consumers Radioactivity Protection Act"} | 1,948 | 243 | 0.550438 | 1.627244 | 0.759108 | 3.425121 | 8.78744 | 0.89372 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SAVE for Small Businesses Act'' or
the ``Savings Accounts for a Variable Economy for Small Businesses
Act''.
SEC. 2. SMALL BUSINESS SAVINGS ACCOUNTS.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 7529. SMALL BUSINESS SAVINGS ACCOUNTS.
``(a) In General.--Any eligible small business may enter into an
agreement with the Secretary under this section to establish a small
business savings account with respect to such business under terms
which meet the requirements of this section.
``(b) Small Business Savings Accounts.--For purposes of this
section, the term `small business savings account' means a tax
preferred savings account which is designated at the time of
establishment of the plan as a small business savings account. Such
designation shall be made in such manner as the Secretary may by
regulation prescribe.
``(c) Contributions.--
``(1) Deduction.--There shall be allowed as a deduction an
amount equal to the contributions to a small business savings
account for the taxable year.
``(2) Limitation.--The aggregate amount of contributions
for any taxable year to all small business savings accounts
maintained for the benefit of an eligible small business shall
not exceed an amount equal to 10 percent of the gross profits
of the business for the preceding taxable year.
``(d) Distributions.--
``(1) In general.--Any qualified distribution from a small
business savings account shall not be includible in gross
income.
``(2) Inclusion of nonqualified distributions.--Any amounts
distributed out of a small business savings account that are
not qualified distributions shall be included in gross income
for the taxable year of the distribution.
``(3) Qualified distribution.--For purposes of this
subsection--
``(A) In general.--The term `qualified
distribution' means any amount--
``(i) distributed from a small business
savings account during a specified period of
economic hardship, and
``(ii) the distribution of which is
certified by the taxpayer as part of a plan
which provides for the reinvestment of such
distribution for the funding of worker hiring
or financial stabilization for the purposes of
job retention or creation.
``(B) Specified period of economic hardship.--The
term `specified period of economic hardship' means--
``(i) any 1-year period beginning
immediately after the end of any 3 consecutive
quarters during which the annual rate of real
gross domestic product (as determined by the
Bureau of Economic Analysis of the Department
of Commerce) decreases, or
``(ii) any period, in no event shorter than
1 year, specified by the Administrator of the
Small Business Administration for purposes of
this section.
``(C) Federally declared disaster areas.--The
Administrator of the Small Business Administration may
specify a period under subparagraph (B)(ii) with
respect to a specified area in the case of an area
determined by the President to warrant assistance from
the Federal Government under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (as in
effect on the date of the enactment of the SAVE for
Small Businesses Act).
``(D) Limitation.--The Administrator of the Small
Business Administration shall, in consultation with the
Secretary, for each specified period of economic
hardship establish a distribution limitation for
qualified distributions from eligible small business
accounts with respect to such period. The aggregate
qualified distributions for any such period from all
accounts with respect to an eligible small business
shall not exceed such limitation.
``(E) Amounts not used for reinvestment.--Any
distribution not used in the manner certified under
subparagraph (A)(ii) shall be treated as a distribution
other than a qualified distribution in the taxable year
of such distribution.
``(F) Eight-year rule.--Any amount contributed to a
small business savings account (and any earnings
attributable thereto), once distributed, shall not be
treated as a qualified distribution unless such
distribution is made not later than 8 years after the
date of such contribution. For purposes of the
preceding sentence, amounts (and the earnings
attributable thereto) shall be treated as distributed
on a first-in first-out basis.
``(e) Tax Treatment of Account.--Any small business savings account
is exempt from taxation under this subtitle A unless such account has
ceased to be a small business savings account. Notwithstanding the
preceding sentence, any such account is subject to the taxes imposed by
section 511 (relating to imposition of tax on unrelated business income
of charitable, etc. organizations).
``(f) Eligible Small Business.--For purposes of this section--
``(1) In general.--The term `eligible small business'
means, with respect to any calendar year, any person if the
annual average number of full-time employees employed by such
person during the preceding calendar year was 50 or fewer. For
purposes of the preceding sentence, a preceding calendar year
may be taken into account only if the person was in existence
throughout the year.
``(2) Full-time employees.--
``(A) In general.--The term `full-time employee'
means, with respect to any year, an employee who is
employed on average at least 40 hours of service per
week.
``(B) Hours of service.--The Secretary, in
consultation with the Secretary of Labor, shall
prescribe such regulations, rules, and guidance as may
be necessary to determine the hours of service of an
employee, including rules for the application of this
paragraph to employees who are not compensated on an
hourly basis.
``(3) Startups, controlled groups, and predecessors.--Rules
similar to the rules of subparagraphs (B) and (D) of section
220(c)(4) shall apply for purposes of this subsection.
``(g) Effect of Pledging Account as Security.--If, during any
taxable year of the eligible small business for whose benefit an
account is established, the account or any portion thereof is pledged
as security for a loan, the portion so pledged shall be treated as
distributed in a distribution other than a qualified distribution.''.
(b) Small Business Savings Account Programs.--
(1) In general.--The Secretary of the Treasury shall
establish a program to administer small business savings
accounts under section 7529 of the Internal Revenue Code of
1986.
(2) Account standards.--The Secretary shall establish
minimum standards for small business savings accounts and shall
establish accounts within the Department of the Treasury or
enter into agreements with trustees that meet these standards
to administer such accounts. In establishing such standards and
making such agreements the Secretary shall, to the extent
practicable, seek to minimize fees, minimize risk of loss of
principal, and ensure a range of investment risk options
available to account beneficiaries.
(c) Excess Contributions.--Section 4973 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subsection:
``(h) Excess Contributions to Small Business Savings Accounts.--For
purposes of this section, in the case of contributions to all small
business savings accounts (within the meaning of section 7529(b))
maintained for the benefit of an individual, the term `excess
contributions' means the sum of--
``(1) the excess (if any) of--
``(A) the amount contributed to such accounts for
the taxable year, over
``(B) the amount allowable as a contribution under
section 7529(c)(2) for such taxable year, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts for the
taxable year, and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a
contribution under section 7529(c)(2) for such
taxable year, over
``(ii) the amount contributed to such
accounts for such taxable year.''.
(d) Clerical Amendment.--The table of sections for chapter 77 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 7529. Small Business Savings Accounts.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | SAVE for Small Businesses Act or the Savings Accounts for a Variable Economy for Small Businesses Act - Amends the Internal Revenue Code to provide for tax-exempt small business savings accounts. Allows tax deductible contributions to such accounts of not more than 10% of the gross profits of an eligible small business (persons employing an average of 50 or fewer full-time employees) for the preceding taxable year. Excludes qualified distributions from such accounts from gross income for income tax purposes. Defines "qualified distribution" as: (1) any amount that is distributed from a small business savings account during a specified period of economic hardship, and (2) the distribution of which is certified as being part of a plan that provides for the reinvestment of such distribution for the funding of worker hiring or financial stabilization for the purposes of job retention or creation. Directs the Secretary of the Treasury to: (1) establish minimum standards for small business savings accounts that seek to minimize fees and risk of loss of principal, and (2) ensure a range of investment risk options available to account beneficiaries. | {"src": "billsum_train", "title": "Savings Accounts for a Variable Economy for Small Businesses Act"} | 1,916 | 236 | 0.716005 | 1.743492 | 0.789876 | 3.841346 | 8.370192 | 0.918269 |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Public Safety Officers' Benefits
Improvements Act of 2012''.
SEC. 2. BENEFITS FOR CERTAIN NONPROFIT EMERGENCY MEDICAL SERVICE
PROVIDERS; MISCELLANEOUS AMENDMENTS.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(1) in section 901(a) (42 U.S.C. 3791(a))--
(A) in paragraph (26), by striking ``and'' at the
end;
(B) in paragraph (27), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(28) the term `hearing examiner' includes any medical or
claims examiner.'';
(2) in section 1201 (42 U.S.C. 3796)--
(A) in subsection (a), by striking ``follows:'' and
all that follows and inserting the following: ``follows
(if the payee indicated is living on the date on which
the determination is made)--
``(1) if there is no child who survived the public safety
officer, to the surviving spouse of the public safety officer;
``(2) if there is at least 1 child who survived the public
safety officer and a surviving spouse of the public safety
officer, 50 percent to the surviving child (or children, in
equal shares) and 50 percent to the surviving spouse;
``(3) if there is no surviving spouse of the public safety
officer, to the surviving child (or children, in equal shares);
``(4) if there is no surviving spouse of the public safety
officer and no surviving child--
``(A) to the surviving individual (or individuals,
in shares per the designation, or, otherwise, in equal
shares) designated by the public safety officer to
receive benefits under this subsection in the most
recently executed designation of beneficiary of the
public safety officer on file at the time of death with
the public safety agency, organization, or unit; or
``(B) if there is no individual qualifying under
subparagraph (A), to the surviving individual (or
individuals, in equal shares) designated by the public
safety officer to receive benefits under the most
recently executed life insurance policy of the public
safety officer on file at the time of death with the
public safety agency, organization, or unit;
``(5) if there is no individual qualifying under paragraph
(1), (2), (3), or (4), to the surviving parent (or parents, in
equal shares) of the public safety officer; or
``(6) if there is no individual qualifying under paragraph
(1), (2), (3), (4), or (5), to the surviving individual (or
individuals, in equal shares) who would qualify under the
definition of the term `child' under section 1204 but for
age.'';
(B) in subsection (b)--
(i) by striking ``direct result of a
catastrophic'' and inserting ``direct and
proximate result of a personal'';
(ii) by striking ``pay,'' and all that
follows through ``the same'' and inserting
``pay the same'';
(iii) by striking ``in any year'' and
inserting ``to the public safety officer (if
living on the date on which the determination
is made)'';
(iv) by striking ``in such year, adjusted''
and inserting ``with respect to the date on
which the catastrophic injury occurred, as
adjusted'';
(v) by striking ``, to such officer'';
(vi) by striking ``the total'' and all that
follows through ``For'' and inserting ``for'';
and
(vii) by striking ``That these'' and all
that follows through the period, and inserting
``That the amount payable under this subsection
shall be the amount payable as of the date of
catastrophic injury of such public safety
officer.'';
(C) in subsection (f)--
(i) in paragraph (1), by striking ``, as
amended (D.C. Code, sec. 4-622); or'' and
inserting a semicolon;
(ii) in paragraph (2)--
(I) by striking ``. Such
beneficiaries shall only receive
benefits under such section 8191 that''
and inserting ``, such that
beneficiaries shall receive only such
benefits under such section 8191 as'';
and
(II) by striking the period at the
end and inserting ``; or''; and
(iii) by adding at the end the following:
``(3) payments under the September 11th Victim Compensation
Fund of 2001 (49 U.S.C. 40101 note; Public Law 107-42).'';
(D) by amending subsection (k) to read as follows:
``(k) As determined by the Bureau, a heart attack, stroke, or
vascular rupture suffered by a public safety officer shall be presumed
to constitute a personal injury within the meaning of subsection (a),
sustained in the line of duty by the officer and directly and
proximately resulting in death, if--
``(1) the public safety officer, while on duty--
``(A) engages in a situation involving nonroutine
stressful or strenuous physical law enforcement, fire
suppression, rescue, hazardous material response,
emergency medical services, prison security, disaster
relief, or other emergency response activity; or
``(B) participates in a training exercise involving
nonroutine stressful or strenuous physical activity;
``(2) the heart attack, stroke, or vascular rupture
commences--
``(A) while the officer is engaged or participating
as described in paragraph (1);
``(B) while the officer remains on that duty after
being engaged or participating as described in
paragraph (1); or
``(C) not later than 24 hours after the officer is
engaged or participating as described in paragraph (1);
and
``(3) the heart attack, stroke, or vascular rupture
directly and proximately results in the death of the public
safety officer,
unless competent medical evidence establishes that the heart attack,
stroke, or vascular rupture was unrelated to the engagement or
participation or was directly and proximately caused by something other
than the mere presence of cardiovascular-disease risk factors.''; and
(E) by adding at the end the following:
``(n) The public safety agency, organization, or unit responsible
for maintaining on file an executed designation of beneficiary or
executed life insurance policy for purposes of subsection (a)(4) shall
maintain the confidentiality of the designation or policy in the same
manner as the agency, organization, or unit maintains personnel or
other similar records of the public safety officer.'';
(3) in section 1202 (42 U.S.C. 3796a)--
(A) by striking ``death'', each place it appears
except the second place it appears, and inserting
``fatal''; and
(B) in paragraph (1), by striking ``or catastrophic
injury'' the second place it appears and inserting ``,
disability, or injury'';
(4) in section 1203 (42 U.S.C. 3796a-1)--
(A) in the section heading, by striking ``who have
died in the line of duty'' and inserting ``who have
sustained fatal or catastrophic injury in the line of
duty''; and
(B) by striking ``who have died in the line of
duty'' and inserting ``who have sustained fatal or
catastrophic injury in the line of duty'';
(5) in section 1204 (42 U.S.C. 3796b)--
(A) in paragraph (1), by striking ``consequences of
an injury that'' and inserting ``an injury, the direct
and proximate consequences of which'';
(B) in paragraph (3)--
(i) in the matter preceding clause (i)--
(I) by inserting ``or permanently
and totally disabled'' after
``deceased''; and
(II) by striking ``death'' and
inserting ``fatal or catastrophic
injury''; and
(ii) by redesignating clauses (i), (ii),
and (iii) as subparagraphs (A), (B), and (C),
respectively;
(C) in paragraph (5)--
(i) by striking ``post-mortem'' each place
it appears and inserting ``post-injury''; and
(ii) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively;
(D) in paragraph (7), by striking ``public employee
member of a rescue squad or ambulance crew;'' and
inserting ``employee or volunteer member of a rescue
squad or ambulance crew (including a ground or air
ambulance service) that--
``(A) is a public agency; or
``(B) is (or is a part of) a nonprofit entity
serving the public that--
``(i) is officially authorized or licensed
to engage in rescue activity or to provide
emergency medical services; and
``(ii) engages in rescue activities or
provides emergency medical services as part of
an official emergency response system;''; and
(E) in paragraph (9)--
(i) in subparagraph (A), by striking ``as a
chaplain, or as a member of a rescue squad or
ambulance crew;'' and inserting ``or as a
chaplain;'';
(ii) in subparagraph (B)(ii), by striking
``or'' after the semicolon;
(iii) in subparagraph (C)(ii), by striking
the period and inserting ``; or''; and
(iv) by adding at the end the following:
``(D) a member of a rescue squad or ambulance crew
who, as authorized or licensed by law and by the
applicable agency or entity, is engaging in rescue
activity or in the provision of emergency medical
services.''.
(6) in section 1205 (42 U.S.C. 3796c), by adding at the end
the following:
``(d) Unless expressly provided otherwise, any reference in this
part to any provision of law not in this part shall be understood to
constitute a general reference under the doctrine of incorporation by
reference, and thus to include any subsequent amendments to the
provision.'';
(7) in each of subsections (a) and (b) of section 1212 (42
U.S.C. 3796d-1), sections 1213 and 1214 (42 U.S.C. 3796d-2 and
3796d-3), and subsections (b) and (c) of section 1216 (42
U.S.C. 3796d-5), by striking ``dependent'' each place it
appears and inserting ``person'';
(8) in section 1212 (42 U.S.C. 3796d-1)--
(A) in subsection (a)--
(i) in paragraph (1), in the matter
preceding subparagraph (A), by striking
``Subject'' and all that follows through ``,
the'' and inserting ``The''; and
(ii) in paragraph (3), by striking
``reduced by'' and all that follows through
``(B) the amount'' and inserting ``reduced by
the amount'';
(B) in subsection (c)--
(i) in the subsection heading, by striking
``Dependent''; and
(ii) by striking ``dependent'';
(9) in paragraphs (2) and (3) of section 1213(b) (42 U.S.C.
3796d-2(b)), by striking ``dependent's'' each place it appears
and inserting ``person's'';
(10) in section 1216 (42 U.S.C. 3796d-5)--
(A) in subsection (a), by striking ``each
dependent'' each place it appears and inserting ``a
spouse or child''; and
(B) by striking ``dependents'' each place it
appears and inserting ``a person''; and
(11) in section 1217(3)(A) (42 U.S.C. 3796d-6(3)(A)), by
striking ``described in'' and all that follows and inserting
``an institution of higher education, as defined in section 102
of the Higher Education Act of 1965 (20 U.S.C. 1002); and''.
(b) Amendment Related to Expedited Payment for Public Safety
Officers Involved in the Prevention, Investigation, Rescue, or Recovery
Efforts Related to a Terrorist Attack.--Section 611(a) of the Uniting
and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42
U.S.C. 3796c-1(a)) is amended by inserting ``or an entity described in
section 1204(7)(B) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796b(7)(B))'' after ``employed by such agency''.
(c) Technical and Conforming Amendment.--Section 402(l)(4)(C) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``section 1204(9)(A)'' and inserting
``section 1204(10)(A)''; and
(2) by striking ``42 U.S.C. 3796b(9)(A)'' and inserting
``42 U.S.C. 3796b(10)(A)''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS; DETERMINATIONS; APPEALS.
The matter under the heading ``public safety officers benefits''
under the heading ``Office of Justice Programs'' under title II of
division B of the Consolidated Appropriations Act, 2008 (Public Law
110-161; 121 Stat. 1912; 42 U.S.C. 3796c-2) is amended--
(1) by striking ``decisions'' and inserting
``determinations'';
(2) by striking ``(including those, and any related
matters, pending)''; and
(3) by striking the period at the end and inserting the
following: ``: Provided further, That, on and after the date
of enactment of the Public Safety Officers' Benefits
Improvements Act of 2012, as to each such statute--
``(1) the provisions of section 1001(a)(4) of such title I
(42 U.S.C. 3793(a)(4)) shall apply;
``(2) payment (other than payment made pursuant to section
611 of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 (42 U.S.C. 3796c-1)) shall be
made only upon a determination by the Bureau that the facts
legally warrant the payment;
``(3) any reference to section 1202 of such title I shall
be deemed to be a reference to paragraphs (2) and (3) of such
section 1202; and
``(4) a certification submitted under any such statute
(other than a certification submitted pursuant to section 611
of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 (42 U.S.C. 3796c-1)) may be
accepted by the Bureau as prima facie evidence of the facts
asserted in the certification:
Provided further, That, on and after the date of enactment of the
Public Safety Officers' Benefits Improvements Act of 2012, no appeal
shall bring any final determination of the Bureau before any court for
review unless notice of appeal is filed (within the time specified
herein and in the manner prescribed for appeal to United States courts
of appeals from United States district courts) not later than 90 days
after the date on which the Bureau serves notice of the final
determination: Provided further, That any regulations promulgated by
the Bureau under such part (or any such statute) before, on, or after
the date of enactment of the Public Safety Officers' Benefits
Improvements Act of 2012 shall apply to any matter pending on, or filed
or accruing after, the effective date specified in the regulations.''.
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to any matter pending, before the Bureau of
Justice Assistance or otherwise, on the date of enactment of
this Act, or filed or accruing after that date.
(b) Exceptions.--
(1) Rescue squads and ambulance crews.--For a member of a
rescue squad or ambulance crew (as defined in section 1204(7)
of title I of the Omnibus Crime Control and Safe Streets Act of
1968, as amended by this Act), the amendments made by this Act
shall apply to injuries sustained on or after June 1, 2009.
(2) Heart attacks, strokes, and vascular ruptures.--Section
1201(k) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended by this Act, shall apply to
heart attacks, strokes, and vascular ruptures sustained on or
after December 15, 2003.
Passed the House of Representatives June 27, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Public Safety Officers' Benefits Improvements Act of 2012 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise provisions concerning public safety officer death or disability benefits, including by: (1) modifying the list of recipients of death benefits payable when a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty to include as an eligible individual, if there is no other individual meeting existing eligibility requirements, the surviving individual (or individuals, in equal shares) who would qualify as an eligible "child" but for age; (2) providing that disability benefits shall be payable when an officer has become permanently and totally disabled as the direct and proximate result of a personal injury (currently, as the direct result of a catastrophic injury) sustained in the line of duty; (3) eliminating the $5,000,000 limit on total annual disability benefits paid; (4) providing that death or disability benefits shall not be in addition to payments under the September 11th Victim Compensation Fund of 2001; (5) revising the criteria for death resulting from a heart attack, stroke, or vascular rupture suffered by a public safety officer while on duty; (6) including within the definitions of "member of a rescue squad or ambulance crew" and "public safety officer" an officially recognized or designated employee or volunteer member of a rescue squad or ambulance crew that is a public agency or a nonprofit entity serving the public that is officially authorized or licensed to engage in rescue activity or to provide emergency medical services and that engages in rescue activities or provides emergency medical services as part of an official emergency response system; and (7) making those who have sustained a catastrophic injury in the line of duty eligible for peer support and counseling programs.
Makes funds available for appeals from final determinations (currently, decisions) of the Bureau of Justice Assistance, and for expenses of representation of hearing examiners, with respect to public safety officer's death benefits under specified circumstances. Provides that no appeal shall bring a final determination of the Bureau before any court for review unless notice of appeal is filed within 90 days after the date on which the Bureau serves notice of the final determination. Defines a "hearing examiner" under such Act to include any medical or claims examiner.
Makes this Act applicable to injuries sustained by a member of a rescue squad or ambulance crew on or after June 1, 2009. Makes provisions regarding the presumption of a personal injury sustained in the line of duty for public safety officers applicable to heart attacks, strokes, and vascular ruptures sustained on or after December 15, 2003. | {"src": "billsum_train", "title": "To improve the Public Safety Officers' Benefits Program."} | 4,050 | 561 | 0.58819 | 1.881084 | 0.622531 | 3.913556 | 7.078585 | 0.891945 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Volunteer Pilot Organization
Protection Act of 2006''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Scores of public benefit nonprofit volunteer pilot
organizations provide valuable services to communities and
individuals.
(2) In calendar year 2001, nonprofit volunteer pilot
organizations provided long-distance, no-cost transportation
for over 30,000 people in times of special need.
(3) Such organizations are no longer able to reasonably
purchase non-owned aircraft liability insurance to provide
liability protection, and thus face a highly detrimental
liability risk.
(4) Such organizations have supported the interests of
homeland security by providing volunteer pilot services at
times of national emergency.
(b) Purpose.--The purpose of this Act is to promote the activities
of nonprofit volunteer pilot organizations flying for public benefit
and to sustain the availability of the services that such organizations
provide, including transportation at no cost to financially needy
medical patients for medical treatment, evaluation, and diagnosis, as
well as other flights of compassion and flights for humanitarian and
charitable purposes.
SEC. 3. LIABILITY PROTECTION FOR NONPROFIT VOLUNTEER PILOT
ORGANIZATIONS FLYING FOR PUBLIC BENEFIT AND TO PILOTS AND
STAFF OF SUCH ORGANIZATIONS.
Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503)
is amended--
(1) in subsection (a)(4)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) by inserting ``(A)'' after ``(4)'';
(C) by striking the period at the end and inserting
``; or''; and
(D) by adding at the end the following:
``(B) the harm was caused by a volunteer of a nonprofit
volunteer pilot organization that flies for public benefit,
while the volunteer was flying in furtherance of the purpose of
the organization and was operating an aircraft for which the
volunteer was properly licensed and insured, unless the conduct
constitutes a Federal crime of terrorism (as such term is
defined in section 2332b(g)(5) of title 18, United States Code)
or an act of domestic terrorism (as such term is defined in
section 2331 of such title), or unless the entity has been
convicted of an offense under section 2339A of such title.'';
(2) in subsection (b)--
(A) by amending the heading to read as follows:
``Concerning Responsibility of Volunteers'';
(B) by inserting ``(1)'' before ``Nothing''; and
(C) by adding at the end the following new
paragraph:
``(2) Nothing in this section shall be construed to affect
the liability for negligence of a volunteer of a nonprofit
volunteer pilot organization that flies for public benefit with
respect to amounts within the limits of liability insurance
coverage that such volunteer is required to obtain pursuant to
subsection (a)(4)(B) for liability protection under this
section.''; and
(3) in subsection (c)--
(A) by inserting ``(1)'' before ``Nothing''; and
(B) by adding at the end the following new
paragraph:
``(2) Notwithstanding paragraph (1), a nonprofit volunteer pilot
organization that flies for public benefit, and the staff, mission
coordinators, officers, and directors (whether volunteer or otherwise)
of such organization or a referring agency of such organization, shall
not be liable with respect to harm caused to any person by a volunteer
of such organization, while the volunteer is flying in furtherance of
the purpose of the organization and is operating an aircraft for which
the volunteer is properly licensed and has certified to such
organization that such volunteer has in force insurance for operating
such aircraft. Such referring agency shall include, among others, any
nonprofit organization that provides disaster relief services that
place staff, volunteers, evacuees, goods, supplies, or cargo on
aircraft flights being coordinated by volunteer pilot organizations in
circumstances of disaster response and relief.''.
SEC. 4. REPORT BY ATTORNEY GENERAL.
(a) Study Required.--The Attorney General shall carry out a study
on the availability of insurance to nonprofit volunteer pilot
organizations that fly for public benefit. In carrying out the study,
the Attorney General shall make findings with respect to--
(1) whether nonprofit volunteer pilot organizations are
able to obtain insurance;
(2) if no, then why;
(3) if yes, then on what terms such insurance is offered;
and
(4) if the inability of nonprofit volunteer pilot
organizations to obtain insurance has any impact on the
associations' ability to operate.
(b) Report.--After completing the study, the Attorney General shall
submit to Congress a report on the results of the study. The report
shall include the findings of the study and any conclusions and
recommendations that the Attorney General considers appropriate.
Passed the House of Representatives July 17, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Volunteer Pilot Organization Protection Act of 2006 - Amends the Volunteer Protection Act of 1997 to exempt from liability a nonprofit volunteer pilot organization or a referring agency of such organization that flies for public benefit, its staff members, and its volunteers for harm caused by a volunteer while flying on behalf of the organization an aircraft for which the volunteer was properly licensed and insured, unless the conduct constitutes a federal crime of terrorism, or an act of domestic terrorism, or the entity has been convicted of providing material support to terrorists. (Maintains the Act's current liability provisions for willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to rights or safety.) Declares that nothing in this Act shall be construed to affect the liability for negligence of a volunteer of a nonprofit volunteer pilot organization that flies for public benefit with respect to amounts within the limits of required liability insurance coverage.
Directs the Attorney General to study and report to Congress on the availability of insurance to nonprofit volunteer pilot organizations that fly for public benefit. | {"src": "billsum_train", "title": "To provide liability protection to nonprofit volunteer pilot organizations flying for public benefit and to the pilots and staff of such organizations."} | 1,121 | 237 | 0.59555 | 1.719138 | 1.079281 | 4.365 | 5.27 | 0.865 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Voting Act of 1993''.
SEC. 2. ADJUSTMENT OF APPROPRIATIONS COMMITTEES SECTION 302 AND SECTION
602 ALLOCATIONS AND SUBALLOCATIONS; ADJUSTMENT OF
DISCRETIONARY SPENDING CAPS.
(a) Section 302 Allocations.--Section 302(e) of the Congressional
Budget Act of 1974 is amended by inserting ``(1)'' before ``At'' and by
adding at the end the following new paragraphs:
``(2) If--
``(A) a general appropriation bill as reported by the
Committee on Appropriations of the House of Representatives is
amended and that bill as passed by the House reduces the amount
appropriated for any program, project, or activity from the
amount appropriated for that program, project, or activity in
that bill as so reported; and
``(B) that bill as passed by the Senate reduces the amount
appropriated for the same program, project, or activity from
the amount appropriated for that program, project, or activity
in that bill as reported initially in the House of
Representatives;
then, upon the passage of that bill by both Houses of Congress, the
suballocations for that fiscal year made by each Committee on
Appropriations under subsection (b)(1) to the subcommittee with
jurisdiction over that measure shall be reduced by the sum of the
lesser amount of reductions made for each such program, project, or
activity by the House of Representatives or the Senate, as the case may
be, and that committee shall report to its House--
``(i) an adjusted suballocation for that subcommittee with
the appropriate reductions in levels of total new budget
outlays and total new budget authority; and
``(ii) an adjusted allocation for the committee that is
reduced by the reductions in new budget outlays and new budget
authority made under clause (i).
``(3) Further Adjustments of Appropriations Committees Allocations
and Suballocations.--Upon the enactment of any rescission bill, the
suballocations for that fiscal year made by each Committee on
Appropriations under subsection (b)(1) to any subcommittee with
jurisdiction over that bill shall be reduced by the sum of the
rescissions contained in that bill over which it has jurisdiction, and
that committee shall report to its House--
``(A) an adjusted suballocation for that subcommittee with
the appropriate reductions in levels of total new budget
outlays and total new budget authority; and
``(B) an adjusted allocation for the committee that is
reduced by the reductions in new budget outlays and new budget
authority made under subparagraph (A).''.
(b) Section 602 Allocations.--Section 602 of the Congressional
Budget Act of 1974 is amended by adding at the end the following new
subsections:
``(f) Adjustments of Appropriations Committees Allocations and
Suballocations.--If--
``(1) a general appropriation bill as reported by the
Committee on Appropriations of the House of Representatives is
amended and that bill as passed by that House reduces the
amount appropriated for any program, project, or activity from
the amount appropriated for that program, project, or activity
in that bill as so reported; and
``(2) that bill as passed by the Senate reduces the amount
appropriated for the same program, project, or activity from
the amount appropriated for that program, project, or activity
in that bill as reported initially in the House of
Representatives;
then, upon the passage of that bill by both Houses of Congress, the
suballocations for that fiscal year made by each Committee on
Appropriations under subsection (b)(1) to the subcommittee with
jurisdiction over that measure shall be reduced by the sum of the
lesser amount of reductions made for each such program, project, or
activity by the House of Representatives or the Senate, as the case may
be, and that committee shall report to its House--
``(A) an adjusted suballocation for that subcommittee with
the appropriate reductions in levels of total new budget
outlays and total new budget authority; and
``(B) an adjusted allocation for the committee that is
reduced by the reductions in new budget outlays and new budget
authority made under subparagraph (A).
``(g) Further Adjustments of Appropriations Committees Allocations
and Suballocations.--Upon the passage of any rescission bill by both
Houses of Congress, the suballocations for that fiscal year made by
each Committee on Appropriations under subsection (b)(1) to any
subcommittee with jurisdiction over that bill shall be reduced by the
sum of the rescissions contained in that bill over which it has
jurisdiction, and that committee shall report to its House--
``(1) an adjusted suballocation for that subcommittee with
the appropriate reductions in levels of total new budget
outlays and total new budget authority; and
``(2) an adjusted allocation for the committee that is
reduced by the reductions in new budget outlays and new budget
authority made under paragraph (1).''.
(c) CBO Tracking.--Section 202 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(i) Scorekeeping Assistance.--To facilitate compliance by the
Committees on Appropriations with sections 302(e)(2) and 602(f), the
Office shall score all general appropriation measures as passed the
House of Representatives and as passed the Senate and have such
scorecard published in the Congressional Record.''.
(d) Adjustment of Discretionary Spending Limits.--Section 601(a)(2)
of the Congressional Budget Act of 1974 is amended by inserting before
the period at the end the following: ``and by the amounts of any
adjustments pursuant to section 602(f)(2)(B) and section 602(g)(2)''.
SEC. 3. PROHIBITION OF PROXY VOTING IN COMMITTEES.
Clause 2(f) of rule XI of the Rules of the House of Representatives
is amended to read as follows:
``(f) No vote by any member of any committee or subcommittee with
respect to any measure or matter may be cast by proxy.''.
SEC. 4. OPEN COMMITTEE MEETINGS.
Rule XI of the Rules of the House of Representatives is amended--
(1) in the first sentence of clause 2(g)(1), by inserting
``because disclosure of matter to be considered would endanger
the national security or would tend to defame, degrade, or
incriminate any person'' after ``public'' the second place it
appears;
(2) in clause 3(d), by striking ``is a privilege made
available by the House and''; and
(3) by striking clause 3(e) and inserting the following:
``(e) Whenever a hearing or meeting conducted by any committee of
the House is open to the public, those proceedings shall be open to
television broadcast, radio broadcast, and still photography, or by any
of such methods of coverage. No committee or subcommittee chairman may
limit the number of television or still cameras below 2 representatives
from each medium.''.
SEC. 5. APPLICATION OF FREEDOM OF INFORMATION ACT TO THE CONGRESS.
The Congress, and the instrumentalities of Congress, shall be
subject to section 552 of title 5, United States Code (commonly
referred to as the ``Freedom of Information Act'') to the same extent
that Executive agencies (as defined by section 105 of title 5, United
States Code) are subject to such section 552.
SEC. 6. MISCELLANEOUS AMENDMENTS TO THE RULES OF THE HOUSE OF
REPRESENTATIVES.
(a) 5-day Waiting Period.--(1) Clause 2(l)(6) of rule XI of the
Rules of the House of Representatives is amended by striking ``third''
and inserting ``fifth''.
(2) The first sentence of clause 2(a) of rule XXVIII of the Rules
of the House of Representatives is amended by striking ``third'' and
inserting ``fifth''.
(b) Two-thirds Required to Approve Restrictive Rules.--Clause 4 of
rule XI of the Rules of the House of Representatives is amended by
adding at the end the following new paragraph:
``(e) It shall not be in order to consider any resolution reported
from the Committee on Rules providing for the consideration of any bill
or resolution otherwise subject to amendment under House Rules if that
resolution limits the right of Members to offer germane amendments to
such bill, unless that resolution is agreed to by the affirmative vote
of at least two-thirds of the Members voting, a quorum being
present.''.
(c) Ban on King-of-the-hill Rules.--The last sentence of clause
4(b) of rule XI of the Rules of the House of Representatives is amended
by inserting before the period the following: ``; nor shall it report
any rule for the consideration of any measure commonly known as a
`king-of-the-hill' rule''.
(d) Ban on Self-executing Rules.--Clause 4 of rule XI of the Rules
of the House of Representatives (as amended by subsection (b)) is
amended by adding at the end the following new paragraph:
``(f) It shall not be in order to consider any order of business
resolution reported from the Committee on Rules which provides that,
upon the adoption of such resolution, the House shall be considered to
have automatically adopted a motion (other than for the previous
question), amendment, or resolution, or to have passed a bill, joint
resolution, or conference report thereon.''.
(e) Repeal of Rule XLIX.--Rule XLIX of the Rules of the House of
Representatives is repealed.
(f) Conference Committees.--(1) Clause 3 of rule XXVIII of the
Rules of the House of Representatives is amended by adding at the end
the following new sentence: ``Their report shall not fund any program,
project, or activity at a level higher than that contained in the bill
or resolution as passed the House or as passed the Senate and committed
to the conference committee or fund any program, project, or activity
not contained in that bill or resolution as passed the House or as
passed the Senate.''.
(2) Rule XXVIII of the Rules of the House of Representatives is
amended by adding at the end the following new clause:
``7. It shall not be in order in the House to consider a conference
report if that report would violate any motion to instruct conferees
that the House agreed to.''.
SEC. 7. BUDGET ENFORCEMENT.
(a) President's Budget.--Paragraph (5) of section 1105(a) of title
31, United States Code, is amended to read as follows:
``(5) except as provided in subsection (b) of this
section--
``(A) estimated expenditures and proposed
appropriations for each function and subfunction in the
current fiscal year;
``(B) estimated expenditures and proposed
appropriations the President decides are necessary to
support the Government for each function and
subfunction in the fiscal year for which the budget is
submitted; and
``(C) a comparison of levels of estimated
expenditures and proposed appropriations for each
function and subfunction in the current fiscal year and
the fiscal year for which the budget is submitted,
along with the proposed increase or decrease of
spending in percentage terms for each function and
subfunction;''.
(b) Congressional Budget.--Section 301(e) of the Congressional
Budget Act of 1974 is amended by--
(1) inserting after the second sentence the following:
``The starting point for any deliberations in the Committee on
the Budget of each House on the concurrent resolution on the
budget for the next fiscal year shall be the estimated level of
outlays for the current year in each function and subfunction.
Any increases or decreases in the Congressional budget for the
next fiscal year shall be from such estimated levels.'';
(2) striking paragraphs (2) and (3) and inserting the
following:
``(2) a comparison of levels for the current fiscal year
with proposed spending for the subsequent fiscal years along
with the proposed increase or decrease of spending in
percentage terms for each function and subfunction;
``(3) information, data, and comparisons indicating the
manner in which, and the basis on which, the committee
determined each of the matters set forth in the concurrent
resolution, including information on outlays for the current
fiscal year and the decisions reached to set funding for the
subsequent fiscal years;'';
(3) inserting ``and'' after the semicolon in paragraph (7);
(4) striking paragraph (8); and
(5) redesignating paragraph (9) as paragraph (8).
(c) CBO Report to Budget Committees.--The first sentence of section
202(f)(1) of the Congressional Budget Act of 1974 is amended to read as
follows: ``On or before February 15 of each year, the Director shall
submit to the Committees on the Budget of the House of Representatives
and the Senate a report, for the fiscal year commencing on October 1 of
that year, with respect to fiscal policy, including (A) estimated
budget outlays in all functions and subfunctions for appropriated
accounts for the current fiscal year and estimated budget outlays under
current law for all entitlement programs for the next fiscal year, (B)
alternative levels of total revenues, total new budget authority, and
total outlays (including related surpluses and deficits), and (C) the
levels of tax expenditures under existing law, taking into account
projected economic factors and any changes in such levels based on
proposals in the budget submitted by the President for such fiscal
year.''.
SEC. 8. ECONOMIC AND EMPLOYMENT IMPACT STATEMENTS.
(a) Preparation.--The Comptroller General of the United States
shall prepare an economic and employment impact statement, as described
in subsection (b), to accompany each bill, resolution, or conference
report reported by any committee of the House of Representatives or the
Senate or considered on the floor of either House.
(b) Contents.--Except as provided in subsection (c), the economic
and employment impact statement required by subsection (a) shall--
(1) state the extent to which enactment of the bill,
resolution, or conference report would result in increased
costs to the private sector, individuals, or State and local
governments; and
(2) include, at a minimum, a detailed assessment of the
annual impact of the bill, resolution, or conference report
(projected annually over a 5-year period from its effective
date, and, to the extent feasible, expressed in each case in
monetary terms) on--
(A) costs to United States consumers;
(B) costs to United States business;
(C) national employment;
(D) the ability of United States industries to
compete internationally;
(E) affected State and local governments, fiscal
and otherwise;
(F) outlays and revenues by the Federal Government
as compared to outlays and revenues for the same
activity in the current fiscal year (as reported by the
Congressional Budget Office); and
(G) impact on Gross Domestic Product.
(c) Exception.--The economic and employment impact statement
required by subsection (a) may consist of a brief summary assessment in
lieu of the detailed assessment set forth in subsection (b) if
preliminary analysis indicates that the aggregate effect of the bill,
resolution, or conference report as measured by the criteria set forth
in subparagraphs (A) through (G) of subsection (b) is less than
$100,000 or 1,000 jobs in national employment.
(d) Statement With All Legislation.--The economic and employment
impact statement required by this section shall accompany each bill,
resolution, or conference report before such bill, resolution, or
conference report may be reported or otherwise considered on the floor
of either House.
(e) Point of Order.--
(1) Rule.--It shall not be in order in either the House of
Representatives or the Senate to consider on the floor any
bill, resolution, or conference report, whether or not reported
by any committee of the House of Representatives or the Senate,
unless that bill, resolution, or conference report includes the
economic and employment impact statement required by this
section.
(2) Waiver.--A point of order made under this subsection
may be waived in the Senate by a two-thirds affirmative vote of
Senators, duly chosen and sworn, and in the House of
Representatives by a two-thirds affirmative vote of Members,
duly chosen and sworn.
(f) Executive Regulations.--Each regulation and proposed regulation
promulgated by a Federal department or executive agency shall be
accompanied by an economic and employment impact statement prepared, in
accordance with subsection (b), by the department or agency
promulgating the regulation or proposed regulation. The economic and
employment impact statement shall be published in the Federal Register
together with such regulation or proposed regulation.
(g) Provision for National Security Emergency Waiver.--
(1) Congressional economic impact statements.--The Congress
may waive the requirements of subsections (a) through (d) at
any time in which a declaration of war is in effect, or in
response to a national security emergency at the request of the
President.
(2) Executive regulations.--The President may waive the
requirements of subsection (f) at any time in which a
declaration of war is in effect, or in response to a national
security emergency as determined by the President in
consultation with Congress.
(h) Repeal of Senate Rule.--Paragraph 11 of rule XXVI of the
Standing Rules of the Senate is repealed.
HR 3633 IH----2 | Truth in Voting Act of 1993 - Amends the Congressional Budget Act of 1974 to provide for downward adjustments in Appropriations Committees allocations and suballocations when bills are passed that reduce appropriations and require rescissions. Requires the Congressional Budget Office to provide scorecards for such measures.
Amends rule XI of the Rules of the House of Representatives to prohibit proxy voting by any committee or subcommittee member.
Establishes conditions under which meetings of the standing committees and subcommittees may be closed to the public.
Requires proceedings of open committee hearings or meetings to be open to television or radio broadcast and still photography.
Applies the Freedom of Information Act to the Congress as such Act applies to executive agencies.
Prohibits the Committee on Rules from reporting any rule for the consideration of a measure commonly known as a "king of the hill" rule.
Repeals rule XLIX (statutory limit on the public debt).
Amends rule XXVIII to prohibit conference committee reports from funding any program or activity at a level higher than that contained in the bill or resolution as passed by the House or Senate or from funding any program not contained in such versions.
Requires the President's annual budget to include estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted.
Amends the Congressional Budget Act of 1974 to make the starting point for any deliberations on the budget in committee the estimated level of outlays for the current period in each function and subfunction. Requires the budget to include comparisons of current fiscal year and proposed subsequent fiscal year spending.
Requires the Comptroller General to prepare an economic and employment impact statement to accompany each bill, resolution, or conference report reported by a committee or considered on the floor. Makes it out of order to consider any legislation that is not accompanied by such statement unless the point of order is waived by a two-thirds vote. Requires regulations and proposed regulations promulgated by Federal agencies to be accompanied by such statements as well. | {"src": "billsum_train", "title": "Truth in Voting Act of 1993"} | 4,011 | 480 | 0.51413 | 1.548795 | 0.672476 | 3.342784 | 9.244845 | 0.878866 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Nursing Home Fire
Safety Act of 2004''.
(b) Findings.--Congress finds the following:
(1) On February 26, 2003, a fire at a Hartford,
Connecticut, nursing facility without an automatic fire
sprinkler system claimed the lives of 16 patients.
(2) On September 27, 2003, a fire at a Nashville,
Tennessee, nursing facility without an automatic fire sprinkler
system claimed the lives of 15 patients.
(3) The National Fire Protection Association finds no
record of a multiple death fire in a nursing facility equipped
with an automatic fire sprinkler system.
(4) An estimated 1.5 million of the nation's elderly
population reside in nursing facilities.
(5) The Centers for Medicare and Medicaid Services
estimates that of the approximate 17,000 nursing facilities
nationwide, about 25 percent do not have an automatic fire
sprinkler system.
(6) Many State governments lack requirements for their
nursing facilities that were not originally equipped with
automatic fire sprinkler systems to be retrofitted with such
systems.
(7) Automatic fire sprinkler systems greatly improve the
chances of survival for older adults in the event of a fire.
SEC. 2. REQUIRING AUTOMATIC FIRE SPRINKLER SYSTEMS IN MEDICARE AND
MEDICAID FUNDED NURSING FACILITIES.
(a) Requirement for Medicare Skilled Nursing Facilities.--
(1) In general.--Section 1819(d)(2) of the Social Security
Act (42 U.S.C. 1395i-3(d)(2)) is amended--
(A) in subparagraph (B), by inserting ``, subject
to subparagraph (C)'' after ``except that''; and
(B) by adding at the end the following new
subparagraph:
``(C) Automatic fire sprinkler system.--
``(i) In general.--A skilled nursing
facility shall be equipped with an operational
automatic fire sprinkler system that meets the
requirements for such a system under the
National Fire Protection Association's Standard
for the Installation of Sprinkler Systems (1999
edition), or, at the option of a facility, such
later edition of standard as the Secretary may
recognize.
``(ii) Period for compliance and disclosure
of compliance for current facilities.--In the
case of a skilled nursing facility that is
providing extended care services for which
payment is made under this title as of the date
of the enactment of this subparagraph and that
was not in compliance with the requirement of
clause (i) as of such date--
``(I) the requirement of clause (i)
shall not apply until such date, not
earlier than 3 years and not later than
5 years after the date of the enactment
of this subparagraph, as the Secretary
shall specify; and
``(II) the facility shall provide
for public disclosure, in a form and
manner specified by the Secretary, of
whether the facility is in compliance
with the standard described in clause
(i).
``(iii) Treatment of earlier state
deadline.--Nothing in clause (ii)(I) shall be
construed to prevent a State from establishing
a deadline for the installation of automatic
fire sprinkler systems for skilled nursing
facilities that is earlier than the deadline
specified by the Secretary under such
clause.''.
(2) Reimbursement of additional costs.--Section 1888(e) of
such Act (42 U.S.C. 1395yy(e)) is amended--
(A) in paragraph (1) by striking ``and (12)'' and
inserting ``(12), and (13)''; and
(B) by adding at the end the following new
paragraph:
``(13) Additional amount to amortize for costs of
installing automatic fire sprinkler system.--
``(A) In general.--In the case of a skilled nursing
facility that, as of a date that is on or after
September 11, 2003, is participating in the program
under this title, is not participating in the program
under title XIX, and does not have installed an
automatic fire sprinkler system that met the
requirements described in section 1819(d)(2)(C), and
which subsequently incurs expenses in order to meet
such requirements, in addition to any other payments
made to the facility under this subsection, there shall
be paid, in an amortized manner over a five year
period, an amount equal to the reasonable amount
incurred by the facility in meeting such requirements,
less the amount of any payment made before October 1,
2004, under this title or title XIX that is directly
attributable (such as through depreciation) to such
expenses. Such payments shall be made by the Secretary
in such form and manner as the Secretary shall specify
and based upon the presentation of such information as
the Secretary requires.
``(B) No effect on other payments.--The additional
payment under subparagraph (A) shall not affect the
amount of any other payment made under this subsection
and the incurred expenses described in subparagraph (A)
shall not be taken into account in making any other
payments to a facility under this title.''.
(b) Requirement for Medicaid Nursing Facilities.--
(1) In general.--Section 1919(d)(2) of the Social Security
Act (42 U.S.C. 1396r(d)(2)) is amended--
(A) in subparagraph (B), by inserting ``, subject
to subparagraph (C)'' after ``except that''; and
(B) by adding at the end the following new
subparagraph:
``(C) Automatic fire sprinkler system.--
``(i) In general.--A nursing facility shall
be equipped with an operational automatic fire
sprinkler system that meets the requirements
for such a system under the National Fire
Protection Association's Standard for the
Installation of Sprinkler Systems (1999
edition), or, at the option of a facility, such
later edition of standard as the Secretary may
recognize.
``(ii) Period for compliance and disclosure
of compliance for current facilities.--In the
case of a nursing facility that is providing
nursing facility services for which payment is
made under this title as of the date of the
enactment of this subparagraph and that was not
in compliance with the requirement of clause
(i) as of such date--
``(I) the requirement of clause (i)
shall not apply until such date, not
earlier than 3 years and not later than
5 years after the date of the enactment
of this subparagraph, as the Secretary
shall specify; and
``(II) the facility shall provide
for public disclosure, in a form and
manner specified by the Secretary, of
whether the facility is in compliance
with the standard described in clause
(i).
``(iii) Treatment of earlier state
deadline.--Nothing in clause (ii)(I) shall be
construed to prevent a State from establishing
a deadline for the installation of automatic
fire sprinkler systems for nursing facilities
that is earlier than the deadline specified by
the Secretary under such clause.''.
(2) Reimbursement of additional costs.--Section
1902(a)(13)(A) of such Act (42 U.S.C. 1396a(a)(13)(A)) is
amended--
(A) by striking ``and'' at the end of clause (iii);
(B) by striking ``; and'' at the end of clause (iv)
and inserting ``, and''; and
(C) by adding at the end the following new clause:
``(v) in the case of nursing facility
services furnished by a nursing facility that,
as of a date that is on or after September 11,
2003, is participating in the program under
this title but does not have installed an
automatic fire sprinkler system that met the
requirements described in section
1919(d)(2)(C), and that subsequently incurs
expenses in order to meet such requirements,
such rates shall provide for the payment, in an
amortized manner over a five year period and in
addition to the payment amounts otherwise
provided, of an amount equal to the reasonable
amount incurred by the facility in meeting such
requirements, less the payment amounts under
this title or title XVIII made before October
1, 2004, that are directly attributable (such
as through depreciation) to such expenses, and
the payment rates otherwise provided shall not
take into account such costs incurred in
meeting such requirements; and''.
(3) Full federal payment.--
(A) In general.--The third sentence of section 1905
of such Act (42 U.S.C. 1396d) is amended by inserting
before the period at the end the following: ``and with
respect to amounts expended as medical assistance in
providing the payment amounts required under section
1902(a)(13)(A)(v)''.
(B) Conforming amendment to apply to territories.--
Section 1108 of such Act (42 U.S.C. 1308) is amended--
(i) in subsection (f), by striking
``subsection (g)'' and inserting ``subsections
(g) and (h)''; and
(ii) by adding at the end the following new
subsection:
``(h) Exception for Payment for Automatic Fire Sprinkler Systems.--
The limitations on payments under subsection (f) shall not apply to
payments that are attributable to payments for medical assistance for
expenditures made under section 1902(a)(13)(A)(v).''.
(c) Reduction in Tax Basis.--Section 1016(a) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
paragraph (27), by striking the period at the end of paragraph (28) and
inserting ``, and'', and by adding at the end the following new
paragraph:
``(29) in the case of property with respect to which any
payment is made under section 1888(e)(13) or 1902(a)(13)(A)(v)
of the Social Security Act, by reducing the basis of such
property by the amount of such payment.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, except that the
amendments made by subsections (a)(2) and (b)(2) shall apply to
payments to facilities for periods beginning on or after October 1,
2004, regardless of whether the payments are for expenses incurred
before, on, or after such date. | Nursing Home Fire Safety Act of 2004 - Amends title XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require automatic fire sprinkler systems in all Medicare and Medicaid funded nursing facilities and provide for reimbursement of the additional costs incurred with respect to installing such systems. | {"src": "billsum_train", "title": "To amend titles XVIII and XIX of the Social Security Act to require automatic fire sprinkler systems in all nursing facilities participating in the Medicare or Medicaid Programs."} | 2,341 | 68 | 0.611808 | 1.658778 | 0.790942 | 2.555556 | 38.777778 | 0.925926 |
SECTION 1. CONVEYANCE OF PROPERTY TO THE TANANA TRIBAL COUNCIL.
(a) Conveyance of Property.--
(1) In general.--As soon as practicable, but not later than
180 days, after the date of enactment of this Act, the
Secretary of Health and Human Services (referred to in this Act
as the ``Secretary'') shall convey to the Tanana Tribal Council
located in Tanana, Alaska (referred to in this section as the
``Council''), all right, title, and interest of the United
States in and to the property described in subsection (b) for
use in connection with health and social services programs.
(2) Effect on any quitclaim deed.--The conveyance by the
Secretary of title by warranty deed under this subsection
shall, on the effective date of the conveyance, supersede and
render of no future effect any quitclaim deed to the property
described in subsection (b) executed by the Secretary and the
Council.
(3) Conditions.--The conveyance of the property under this
section--
(A) shall be made by warranty deed; and
(B) shall not--
(i) require any consideration from the
Council for the property;
(ii) impose any obligation, term, or
condition on the Council; or
(iii) allow for any reversionary interest
of the United States in the property.
(b) Property Described.--The property, including all land,
improvements, and appurtenances, described in this subsection is the
property included in U.S. Survey No. 5958, Lot 12, in the village of
Tanana, Alaska within surveyed Township 4N, Range 22W, Fairbanks
Meridian, Alaska, containing 11.25 acres.
(c) Environmental Liability.--
(1) Liability.--
(A) In general.--Notwithstanding any other
provision of law, the Council shall not be liable for
any soil, surface water, groundwater, or other
contamination resulting from the disposal, release, or
presence of any environmental contamination on any
portion of the property described in subsection (b) on
or before the date on which the property is conveyed to
the Council.
(B) Environmental contamination.--An environmental
contamination described in subparagraph (A) includes
any oil or petroleum products, hazardous substances,
hazardous materials, hazardous waste, pollutants, toxic
substances, solid waste, or any other environmental
contamination or hazard as defined in any Federal or
State of Alaska law.
(2) Easement.--The Secretary shall be accorded any easement
or access to the property conveyed under this section as may be
reasonably necessary to satisfy any retained obligation or
liability of the Secretary.
(3) Notice of hazardous substance activity and warranty.--
In carrying out this section, the Secretary shall comply with
subparagraphs (A) and (B) of section 120(h)(3) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)(3)).
SEC. 2. CONVEYANCE OF PROPERTY TO THE BRISTOL BAY AREA HEALTH
CORPORATION.
(a) Conveyance of Property.--
(1) In general.--As soon as practicable, but not later than
180 days, after the date of enactment of this Act, the
Secretary shall convey to the Bristol Bay Area Health
Corporation located in Dillingham, Alaska (referred to in this
section as the ``Corporation''), all right, title, and interest
of the United States in and to the property described in
subsection (b) for use in connection with health and social
services programs.
(2) Effect on any quitclaim deed.--The conveyance by the
Secretary of title by warranty deed under this subsection
shall, on the effective date of the conveyance, supersede and
render of no future effect any quitclaim deed to the property
described in subsection (b) executed by the Secretary and the
Corporation.
(3) Conditions.--The conveyance of the property under this
section--
(A) shall be made by warranty deed; and
(B) shall not--
(i) require any consideration from the
Corporation for the property;
(ii) impose any obligation, term, or
condition on the Corporation; or
(iii) allow for any reversionary interest
of the United States in the property.
(b) Property Described.--The property, including all land,
improvements, and appurtenances, described in this subsection is the
property included in Dental Annex Subdivision, creating tract 1, a
subdivision of Lot 2 of U.S. Survey No. 2013, located in Section 36,
Township 13 South, Range 56 West, Seward Meridian, Bristol Bay
Recording District, Dillingham, Alaska, according to Plat No. 2015-8,
recorded on May 28, 2015, in the Bristol Bay Recording District,
Dillingham, Alaska, containing 1.474 acres more or less.
(c) Environmental Liability.--
(1) Liability.--
(A) In general.--Notwithstanding any other
provision of law, the Corporation shall not be liable
for any soil, surface water, groundwater, or other
contamination resulting from the disposal, release, or
presence of any environmental contamination on any
portion of the property described in subsection (b) on
or before the date on which the property is conveyed to
the Corporation.
(B) Environmental contamination.--An environmental
contamination described in subparagraph (A) includes
any oil or petroleum products, hazardous substances,
hazardous materials, hazardous waste, pollutants, toxic
substances, solid waste, or any other environmental
contamination or hazard as defined in any Federal or
State of Alaska law.
(2) Easement.--The Secretary shall be accorded any easement
or access to the property conveyed under this section as may be
reasonably necessary to satisfy any retained obligation or
liability of the Secretary.
(3) Notice of hazardous substance activity and warranty.--
In carrying out this section, the Secretary shall comply with
subparagraphs (A) and (B) of section 120(h)(3) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)(3)). | . (Sec. 1) This bill directs the Department of Health and Human Services (HHS) to convey to the Tanana Tribal Council in Tanana, Alaska, all right, title, and interest of the United States in and to certain property (including all land, improvements, and appurtenances) containing 11.25 acres, in the village of Tanana for use in connection with health and social services programs. The bill states that this conveyance by warranty deed shall supersede and render of no future effect any quitclaim deed to the property executed by HHS and the Council. This conveyance: (1) shall be made by warranty deed; and (2) shall not require any consideration from the Council for the property, impose any obligation, term, or condition on the Council, or allow for any U.S. reversionary interest in the property. The Council shall not be liable for soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of environmental contamination (including oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard under any federal or Alaska law). HHS shall be accorded any easement or access to the conveyed property as may be necessary to satisfy any retained obligations and liability. HHS shall comply with requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 respecting certain deeds for the transfer of U.S.-owned real property on which any hazardous substance was stored for one year or more, disposed of, or known to have been released. (Sec. 2) HHS shall convey to the Bristol Bay Area Health Corporation in Dillingham, Alaska, all right, title, and interest of the United States in and to certain property included in the Dental Annex Subdivision (including all land, improvements, and appurtenances) containing 1.474 acres more or less, also for use in connection with health and social services programs. The bill states that this conveyance by warranty deed shall supersede and render of no future effect any quitclaim deed to the property executed by HHS and the Corporation. This conveyance: (1) shall be made by warranty deed; and (2) shall not require any consideration from the Corporation for the property, impose any obligation, term, or condition on the Corporation, or allow for any U.S. reversionary interest in the property. The Corporation shall not be liable for soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of environmental contamination (including oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard under any federal or Alaska law). HHS shall be accorded any easement or access to the conveyed property as may be necessary to satisfy any retained obligations and liability. HHS shall comply with requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 respecting certain deeds for the transfer of U.S.-owned real property on which any hazardous substance was stored for one year or more, disposed of, or known to have been released. | {"src": "billsum_train", "title": "A bill to provide for the conveyance of certain property to the Tanana Tribal Council located in Tanana, Alaska, and to the Bristol Bay Area Health Corporation located in Dillingham, Alaska, and for other purposes."} | 1,376 | 705 | 0.774418 | 3.035649 | 0.73672 | 4.639344 | 1.983607 | 0.891803 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tire Pile Improvement and
Remediation Effectiveness Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Solid Waste Disposal Act does not provide for the
current stabilization and removal of tire piles.
(2) There are currently 3,000,000,000 scrap tires located
in tire piles in the United States, and 250,000,000 tires are
added to tire piles each year.
(3) Tires, once burning, are difficult to extinguish
because tires contain oil (providing fuel), and the
interstitial spaces between the tires trap air (providing a
source of oxygen).
(4) Tire pile fires can burn at 2,000 degrees Fahrenheit
and put a column of black smoke tens of thousands of feet in
the air.
(5) Burning tires may produce oil as a byproduct of
combustion, and it is estimated that one tire can produce one
quart of light fraction oil, an extremely toxic form of oil
containing toxic substances such as benzene, toluene, and
xylene, which are listed as hazardous air pollutants under the
Clean Air Act.
(6) At any site where there is a pile of millions of tires,
there is a potential for a large amount of oil and other
pollutants to be released, presenting a profound threat to
public health and the environment. In the past such piles have
caught fire, causing extensive damage to property and the
environment.
(7) Tire piles containing more than 5,000,000 tires pose an
immediate potential threat to public health and the environment
and should be stabilized and removed with all practicable
speed.
SEC. 3. STABILIZATION AND REMOVAL OF SCRAP TIRE PILES.
Section 2004 of the Solid Waste Disposal Act (42 U.S.C. 6914) is
amended--
(1) by striking out the heading and designation for both
the section and subsection (a) of the section and inserting in
lieu thereof the following:
``SEC. 2004. TIRE GRANTS.
``(a) Grants for Discarded Tire Disposal.--(1)'';
(2) by striking out ``(b) Authorization.--'' and inserting
in lieu thereof ``(2)''; and
(3) by adding at the end the following:
``(b) Grants for Tire Pile Stabilization and Removal.--
``(1) Grants.--The Administrator shall make available
grants to States for purposes of constructing fire lanes in,
and removing, tire piles containing 1,000,000 or more tires.
``(2) Priority.--
``(A) Fire lane construction in piles containing
5,000,000 or more tires.--In awarding grants under this
subsection, the Administrator shall give first priority
to grants for the construction of fire lanes in tire
piles that contain 5,000,000 or more tires and that
meet the following criteria:
``(i) The tire pile is located within 10
miles of a community water system, as defined
by section 1401 of the Public Health Service
Act (42 U.S.C. 300f).
``(ii) The tire pile is located near an
area or building, such as a senior retirement
community or school, populated by persons who
are more sensitive to environmental
contaminants.
``(iii) The tire pile is on or adjacent to
a facility listed on the National Priorities
List under this Act.
``(B) Fire lane construction in piles containing
between 1,000,000 and 5,000,000 tires.--In awarding
grants under this subsection, the Administrator shall
give second priority to grants for the construction of
fire lanes in tire piles that contain 1,000,000 or more
tires but less than 5,000,000 tires and that meet the
criteria listed under subparagraph (A).
``(3) Compliance with guidelines.--Fire lanes constructed
using a grant under this subsection shall be in compliance with
the guidelines of the National Fire Prevention Association.
``(4) Supplement to existing state programs.--A grant
provided under this subsection shall be in addition to, not in
lieu of, any State funding provided for tire pile stabilization
and removal through a State tire program existing on the date
of the enactment of this subsection.
``(5) Application.--A grant may not be awarded under this
subsection unless an application is submitted to, and approved
by, the Administrator. Such an application shall be submitted
in such form and manner, and contain such information, as the
Administrator by regulation prescribes.
``(6) Regulations.--The Administrator shall promulgate
regulations to administer grants under this subsection.
``(7) Authorization.--There is authorized to be
appropriated $25,000,000 for fiscal year 1998 to provide grants
under this subsection.''. | Tire Pile Improvement and Remediation Effectiveness Act - Amends the Solid Waste Disposal Act to provide State grants for fire lane construction in, and removal of, certain scrap tire piles. Gives priority to piles near community water systems, schools or retirement communities, or National Priorities List facilities.
Authorizes appropriations. | {"src": "billsum_train", "title": "Tire Pile Improvement and Remediation Effectiveness Act"} | 1,038 | 75 | 0.502863 | 1.326759 | 0.561617 | 2.12069 | 16.37931 | 0.810345 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Robert Stodola Homeless Veterans
Assistance Act''.
SEC. 2. DEFINITION.
(a) In General.--Subtitle A of title IV of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended by adding
at the end the following new section:
``SEC. 402. DEFINITION OF VETERAN.
``For purposes of this title, the term `veteran' has the meaning
given such term in section 101 of title 38, United States Code.''.
(b) Clerical Amendment.--The table of contents in section 101(b) of
the Stewart B. McKinney Homeless Assistance Act is amended by inserting
after the item relating to section 401 the following new item:
``Sec. 402. Definition of veteran.''.
SEC. 3. EMERGENCY SHELTER GRANTS PROGRAM.
Section 413 of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11373) is amended by adding at the end the following new
subsection:
``(f) Veterans' Share.--
``(1) In general.--Each metropolitan city, urban county,
State, and Indian tribe for which assistance under this
subtitle is provided shall ensure that not less than 20 percent
of the total amount received by the city, county, State, or
tribe in each fiscal year shall be used for eligible activities
designed to serve primarily homeless persons who are veterans.
Such activities shall, to the extent possible, be integrated
and coordinated with services made available by the Department
of Veterans Affairs.
``(2) Exception.--Upon the request of a metropolitan city,
urban county, State, or Indian tribe, the Secretary may, with
respect to a fiscal year, waive the requirement under paragraph
(1) or reduce the percentage under such paragraph for the city,
county, State, or tribe if the city, county, State, or tribe
demonstrates to the satisfaction of the Secretary, and the
Secretary of Veterans Affairs concurs in the determination,
that but for such waiver or reduction amounts of assistance
under this subtitle for the city, county, State, or tribe will
remain unused for an unreasonable period of time.
``(3) Reports by grantees.--Each metropolitan city, urban
county, State, and Indian tribe for which assistance under this
subtitle is provided for a fiscal year shall submit a report to
the Secretary and the Secretary of Veterans Affairs for such
fiscal year describing each project and activity funded with
such assistance that is designed to serve primarily homeless
persons who are veterans, the location of the project or
activity, and the amount of such assistance provided for the
project or activity.''.
SEC. 4. SUPPORTIVE HOUSING PROGRAM.
(a) Selection Criteria.--Section 426(b) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11386(b)) is amended--
(1) in paragraph (6) by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) such factors as the Secretary, after consultation
with the Secretary of Veterans Affairs, considers necessary to
ensure compliance with the requirements under section
429(b)(4); and''.
(b) Veterans' Share.--Section 429(b) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11389(b)) is amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) not less than 20 percent shall be allocated for use
only for projects and supportive services designed to serve
primarily homeless persons who are veterans, except that--
``(A) the Secretary shall make assistance available
with such amounts only after consultation with and upon
the concurrence of the Secretary of Veterans Affairs;
``(B) projects and services provided with amounts
allocated under this paragraph shall, to the extent
possible, be integrated and coordinated with services
made available by the Department of Veterans Affairs;
and
``(C) the Secretary may, with respect to a fiscal
year, waive the requirement to reserve amounts under
this paragraph or reduce the percentage so reserved if
the Secretary determines (based on approvable
applications submitted for assistance under this
subtitle), and the Secretary of Veterans Affairs
concurs in the determination, that but for such waiver
or reduction amounts appropriated for such fiscal year
to carry out this subtitle will remain unused for an
unreasonable period of time.''.
(c) Report.--Section 426(c)(4) of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11386(c)(4)) is amended by inserting before
the semicolon at the end the following: ``, which shall include, in the
case of an applicant carrying out a project designed to serve primarily
homeless persons who are veterans, reporting to the Secretary and the
Secretary of Veterans Affairs for such fiscal year regarding the
activities funded during such fiscal year with such assistance that are
designed to serve primarily homeless persons who are veterans, the
location of the project and of such activities, and the amount of such
assistance provided for the project or such activities.''.
SEC. 5. SAFE HAVENS FOR HOMELESS INDIVIDUALS DEMONSTRATION PROGRAM.
(a) Selection Criteria.--Section 434(c) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11394(c)) is amended--
(1) in paragraph (6) by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) such factors as the Secretary, after consultation
with the Secretary of Veterans Affairs, considers necessary to
ensure compliance with the requirements under subsection (e);
and''.
(b) Veterans' Share.--Section 434 of the Stewart B. McKinney
Homeless Assistance Act is amended by adding at the end the following
new subsection:
``(e) Veterans' Share.--
``(1) In general.--In making grants to applicants under
this subtitle, the Secretary shall ensure that not less than 20
percent of the amount made available for each fiscal year to
carry out this subtitle is used for eligible activities
designed to serve primarily homeless persons who are veterans,
which activities shall, to the extent possible, be integrated
and coordinated with services made available by the Department
of Veterans Affairs. A grant shall be considered to comply with
the requirement under preceding sentence only if the Secretary
consults with and obtains the concurrence of the Secretary of
Veterans Affairs in making the grant.
``(2) Exception.--The Secretary may, with respect to a
fiscal year, waive the requirement under paragraph (1) or
reduce the percentage under such paragraph if the Secretary
determines (based on approvable applications submitted for
assistance under this subtitle), and the Secretary of Veterans
Affairs concurs in the determination, that but for such waiver
or reduction amounts made available for such fiscal year to
carry out this subtitle will remain unused for an unreasonable
period of time.
``(3) Reports by recipients.--Each recipient provided
assistance under this subtitle for a fiscal year shall submit a
report to the Secretary and the Secretary of Veterans Affairs
for such fiscal year describing each facility and activity
funded with such assistance that is designed to serve primarily
homeless persons who are veterans, the location of the facility
or activity, and the amount of such assistance provided for the
facility or activity.''.
SEC. 6. SECTION 8 PROGRAM FOR SINGLE ROOM OCCUPANCY DWELLINGS.
(a) Selection Criteria.--Section 441(c) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11401(c)) is amended by striking the
period at the end of the first sentence and inserting the following:
``, while ensuring compliance with the requirements under subsection
(k). The Secretary, after consultation with the Secretary of Veterans
Affairs, shall establish any criteria for such competition necessary to
ensure compliance with the requirements under subsection (k).''.
(b) Veterans' Share.--Section 441 of the Stewart B. McKinney
Homeless Assistance Act is amended by adding at the end the following
new subsection:
``(k) Veterans' Share.--
``(1) In general.--In allocating amounts to applicants
under this section, the Secretary shall ensure that not less
than 20 percent of the amounts made available for each fiscal
year to carry out this section are used for assistance designed
to serve primarily homeless persons who are veterans, which
assistance shall, to the extent possible, be integrated and
coordinated with services made available by the Department of
Veterans Affairs. Assistance shall be considered to comply with
the requirement under preceding sentence only if the Secretary
consults with and obtains the concurrence of the Secretary of
Veterans Affairs in allocating the assistance.
``(2) Exception.--The Secretary may, with respect to a
fiscal year, waive the requirement under paragraph (1) or
reduce the percentage under such paragraph if the Secretary
determines (based on approvable applications submitted for
assistance under this section), and the Secretary of Veterans
Affairs concurs in the determination, that but for such waiver
or reduction amounts made available for such fiscal year to
carry out this section will remain unused for an unreasonable
period of time.
``(3) Reports by recipients.--Each applicant that receives
assistance under this section for a fiscal year shall submit a
report to the Secretary and the Secretary of Veterans Affairs
for such fiscal year describing each dwelling unit occupied by
a homeless person who is a veteran that is assisted with such
assistance, the location of the dwelling unit, and the amount
of such assistance provided for the dwelling unit.''.
SEC. 7. SHELTER PLUS CARE PROGRAM.
(a) Selection Criteria.--Section 455(a) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11403d(a)) is amended--
(1) in paragraph (8) by striking ``and'' at the end;
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following new
paragraph:
``(9) such factors as the Secretary, after consultation
with the Secretary of Veterans Affairs, considers necessary to
ensure compliance with the requirements under subsection (d);
and''.
(b) Veterans' Share.--Section 455 of the Stewart B. McKinney
Homeless Assistance Act is amended by adding at the end the following
new subsection:
``(d) Veterans' Share.--
``(1) In general.--In providing assistance to applicants
under this subtitle, the Secretary shall ensure that not less
than 20 percent of the amount made available for each fiscal
year to carry out this subtitle is used for rental assistance
designed to serve primarily homeless persons who are veterans,
which assistance shall, to the extent possible, be integrated
and coordinated with services made available by the Department
of Veterans Affairs. Assistance shall be considered to comply
with the requirement under preceding sentence only if the
Secretary consults with and obtains the concurrence of the
Secretary of Veterans Affairs in providing the assistance.
``(2) Exception.--The Secretary may, with respect to a
fiscal year, waive the requirement under paragraph (1) or
reduce the percentage under such paragraph if the Secretary
determines (based on approvable applications submitted for
assistance under this subtitle), and the Secretary of Veterans
Affairs concurs in the determination, that but for such waiver
or reduction amounts made available for such fiscal year to
carry out this subtitle will remain unused for an unreasonable
period of time.
``(3) Reports by recipients.--Each recipient provided
assistance under this subtitle for a fiscal year shall submit a
report to the Secretary and the Secretary of Veterans Affairs
for such fiscal year describing assistance funded with such
amounts that is designed to serve primarily homeless persons
who are veterans, the location of the housing or activity so
assisted, and the amount of such assistance provided for the
housing or activity.''.
SEC. 8. RURAL HOMELESSNESS GRANT PROGRAM.
Section 491(c) of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11408(c)) is amended by adding at the end the following new
paragraph:
``(4) Veterans' share.--
``(A) In general.--In awarding grants under
subsection (a) for a fiscal year, the Secretary shall
ensure that not less than 20 percent of the amount made
available for the fiscal year for such grants is used
for eligible activities under subsection (b) designed
to serve primarily homeless persons who are veterans,
which activities shall, to the extent possible,
be integrated and coordinated with services made available by the
Department of Veterans Affairs. A grant shall be considered to comply
with the requirement under preceding sentence only if the Secretary
consults with and obtains the concurrence of the Secretary of Veterans
Affairs in providing the grant.
``(B) Exception.--The Secretary may, with respect
to a fiscal year, waive the requirement under
subparagraph (A) or reduce the percentage under such
subparagraph if the Secretary determines (based on
approvable applications submitted for grants under this
section), and the Secretary of Veterans Affairs concurs
in the determination, that but for such waiver or
reduction amounts made available for such fiscal year
to carry out this section will remain unused for an
unreasonable period of time.
``(C) Reports by recipients.--Each eligible
organization receiving a grant under this section for a
fiscal year shall submit a report to the Secretary and
the Secretary of Veterans Affairs for such fiscal year
describing assistance funded with such amounts that is
designed to serve primarily homeless persons who are
veterans, the location of the housing or activities so
assisted, and the amount of such amounts provided for
the housing or activities.''.
SEC. 9. TECHNICAL ASSISTANCE AND ANNUAL REPORTS.
(a) In General.--Subtitle A of title IV of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C 11361), as amended by section 2 of
this Act, is further amended by adding at the end the following new
section:
``SEC. 403. TECHNICAL ASSISTANCE AND REPORTS REGARDING ACTIVITIES
BENEFITING HOMELESS VETERANS.
``(a) Technical Assistance.--The Secretary, after consultation with
and upon the concurrence of the Secretary of Veterans Affairs, shall
carry out a program to provide technical advice, training, and outreach
activities necessary to facilitate and encourage the funding, with
grant amounts under this title, of projects and activities designed to
serve primarily homeless persons who are veterans. The program shall
include--
``(1) providing notice of availability of amounts set-aside
under this title for eligible activities designed to serve
primarily homeless persons who are veterans to agencies and
organizations who are qualified or could qualify as grantees
for such amounts and project sponsors for such activities;
``(2) increasing participation, by agencies and
organizations interested in carrying out eligible activities
designed to serve primarily homeless persons who are veterans,
in developing plans required under section 401;
``(3) providing assistance to increase the capability of
such agencies and organizations in developing plans and
applications for grants under this title and activities funded
with such grant amounts (including providing assistance in
integrating and coordinating such activities with services made
available by the Department of Veterans Affairs).
``(b) Annual Reports.--Not later than 6 months after the conclusion
of each fiscal year, the Secretary shall submit a report to the
Congress and the Secretary of Veterans Affairs regarding activities and
assistance provided with grant amounts under this title that are
designed to serve primarily homeless persons who are veterans. The
report shall analyze the extent of compliance with the requirements
under this title to reserve amounts for such activities and assistance
and shall summarize the reports regarding such assistance and
activities submitted under sections 413(f)(3), 426(c)(4), 434(e)(3),
441(k)(3), 455(d)(3), and 491(c)(4)(C) by grant recipients. After
submitting each report under this subsection, the Secretary shall
consult with the Secretary of Veterans Affairs regarding any
recommendations of such Secretary in response to the report.''.
(b) Clerical Amendment.--The table of contents in section 101(b) of
the Stewart B. McKinney Homeless Assistance Act is amended by inserting
after the item relating to section 402 (as added by section 2(b) of
this Act) the following new item:
``Sec. 403. Technical assistance and reports regarding activities
benefiting homeless veterans.''. | Robert Stodola Homeless Veterans Assistance Act - Amends the Stewart B. McKinney Homeless Assistance Act to require each city, county, State, and Indian tribe which is provided assistance under the following programs to ensure that not less than 20 percent of the total amount received by such entity is used for activities benefiting homeless veterans: (1) the emergency shelter grants program; (2) the supportive housing program; (3) the safe havens for homeless individuals demonstration program; (4) a program for single room occupancy dwellings; (5) the shelter plus care program; and (6) the rural homelessness grant program. Provides for related technical assistance. Allows a waiver of such requirement in each case upon a determination that general program funds will remain unused for an unreasonable period of time unless the waiver is permitted. | {"src": "billsum_train", "title": "Robert Stodola Homeless Veterans Assistance Act"} | 3,708 | 171 | 0.56953 | 1.822629 | 0.687574 | 3.207547 | 21.477987 | 0.90566 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``She Is Ready Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On January 24, 2013, Secretary of Defense Leon Panetta
and Chairman of the Joint Chiefs of Staff Martin Dempsey
rescinded the 1994 Direct Ground Combat Definition and
Assignment Rule and directed the Armed Forces to open closed
occupations, positions, and units to female members of the
Armed Forces no later than January 1, 2016.
(2) The rescission of the 1994 policy was based on the
knowledge that success in the Armed Forces results solely from
a member's ability, qualifications, and performance, and the
decision to rescind the policy is consistent with America's
values and enhances military readiness.
(3) The change in policy is reflective of the ``on the
ground'' reality that female members of the Armed Forces,
particularly in Iraq and Afghanistan, have been serving in
combat.
(4) A directive from the Chairman of the Joint Chiefs of
Staff requires the development, review, and validation of
gender-neutral occupational standards ``reflecting the
knowledge, skills and abilities necessary for each occupation''
to be used to assess and assign members not later than
September 2015.
(5) There are concerns in regards to the lack of
transparency and the type of research the Armed Forces are
planning and pursuing in opening closed occupations, positions,
and units to female members of the Armed Forces.
(6) The largest number of closed occupations, positions,
and units are in the Army and Marine Corps. The Department of
Defense announced its intention, pursuant to the January 2013
Directives, to open for assignment of female members of the
Armed Forces thousands of previously closed positions and
units, but thousands of positions and units remain closed
female members of the Armed Forces.
SEC. 3. REMOVAL OF ARTIFICIAL BARRIERS TO THE SERVICE OF WOMEN IN THE
ARMED FORCES.
(a) Prompt Assignment.--
(1) Cadre or critical mass not required.--The Secretaries
of the military departments shall not unduly delay the
assignment of female members of the Armed Forces to military
occupational specialties, positions, and units because of the
absence of a cadre or critical mass of female members available
for such assignment.
(2) Open occupation precedence.--As soon as possible after
the date of the enactment of this Act, the Secretary of Defense
shall direct the Secretaries of the military departments to
open for assignment of women to all positions in occupations
that, on or after the date of the enactment of this Act, are
open to female members of the Armed Forces in any unit of the
Armed Forces.
(b) Validation and Oversight of Gender-Neutral Occupational
Standards.--
(1) Validation; purpose.--As soon as possible after the
date of the enactment of this Act, the Secretary of Defense
shall direct the Secretary of each military department to
validate the gender-neutral occupational standards used by the
Armed Forces under the jurisdiction of that Secretary for the
purpose of ensuring that the standards--
(A) are consistent with section 543 of the National
Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 10 U.S.C. 113 note), as amended by section
523 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 127 Stat. 756),
which requires gender-neutral occupational standards,
requiring performance outcome-based standards for the
successful accomplishment of the necessary and required
specific tasks associated with the qualifications and
duties performed;
(B) accurately predict performance of actual,
regular, and recurring duties of a military occupation;
and
(C) are applied equitably to measure individual
capabilities.
(2) Role of independent research entity.--The Secretaries
of the military departments shall work with an independent
research entity to comply with paragraph (1).
SEC. 4. IMPROVED LEADERSHIP AND RESPONSIVENESS IN IMPLEMENTATION OF THE
WOMEN IN SERVICE IMPLEMENTATION PLAN.
(a) Transparency and Goals.--The Secretary of Defense shall direct
the Secretaries of the military departments to provide greater
transparency of its women in service implementation plan, ensure that a
statement of administration policy is created to reflect the mission of
the implementation plan and its intent on responsibly opening all jobs,
positions and units to female members of the Armed Forces.
(b) Response and Notice of Openings.--The Office of the Secretary
of Defense shall promptly respond whenever the Secretary of a military
department submits a notice of newly opened jobs, positions, of units
to female members of the Armed Forces and avoid any delays in
transmitting such notices to Congress.
(c) Final Deadline.--The Secretary of Defense shall ensure all
closed positions and units are open to female members of the Armed
Forces no later than January 1, 2016, consistent with the Joint
Memorandum issued on January 24, 2013, regarding the elimination of the
1994 Direct Ground Combat Definition and Assignment Rule.
SEC. 5. EFFECTIVE EVALUATION OF PHYSICAL STANDARDS AND OVERSIGHT OF
ARMED FORCES IMPLEMENTATION PLANS.
(a) Navy and Marine Corps.--
(1) Validation of physical standards.--As soon as possible
after the date of the enactment of this Act, the Secretary of
the Navy shall provide Congress with information on what
process and metrics were used to validate the physical
standards applicable to members of the Navy and the Marine
Corps.
(2) Infantry training courses.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
the Navy shall provide Congress with information in regards to
the Marine Corps research involving female members of the
Marine Corps who volunteer for the Infantry Officers Course
(IOC), the enlisted infantry training course (ITB), and the
Ground Combat Element Experimental Task Force (GCEXTF) for the
purpose of--
(A) determining what metrics the Marine Corps used
to develop the research requirements and elements for
the Marine Corps Expanded Entry-Level Training
Research;
(B) indicating what is being evaluated during these
research studies, along with how long both research
studies will last;
(C) identifying how data gathered during the
research studies will be used to open infantry and
other closed occupations; and
(D) assuring that infantry and other closed
occupations will not remain closed based on physical
tests that have not been validated or any other
improper evaluation mechanisms.
(3) Enlisted infantry course graduates.--Effective upon the
enactment of this Act, any female member of the Marine Corps
who graduates from the enlisted infantry course shall be
eligible for assignment to an infantry occupational specialty.
(b) Army.--Effective upon the enactment of this Act, the Secretary
of the Army shall permit female members of the Army to apply to Army
Ranger School as Ranger School is not solely intended for members of
the Army who plan to join the Ranger Regiment, but is also intended to
provide leadership training opportunities that members can utilize in
all jobs, positions, and units.
(c) Special Operations Command.--The Secretary of Defense shall
direct the Special Operations Command to submit to Congress, not later
than 90 days after the date of the enactment of this Act, the type of
approach and methodology it will be using for the integration of women
into the Special Operations Forces.
SEC. 6. FEMALE PERSONAL PROTECTION GEAR.
The Secretary of Defense shall direct each Secretary of a military
department to take immediate steps to ensure that properly designed and
fitted combat equipment is available and distributed to female members
of the Armed Forces under the jurisdiction of that Secretary.
SEC. 7. REVIEW OF OUTREACH AND RECRUITMENT EFFORTS FOCUSED ON OFFICERS.
(a) Review Required.--The Comptroller General of the United States
shall conduct a review of Services' Outreach and Recruitment Efforts
gauged toward women representation in the officer corps.
(b) Elements of Review.--In conducting the review under subsection
(a), the Secretary of Defense shall--
(1) identify and evaluate current initiatives the Armed
Forces are using to increase accession of women into the
officer corps;
(2) identify new recruiting efforts to increase accessions
of women into the officer corps specifically at the military
service academies, Officer Candidate Schools, Officer Training
Schools, the Academy of Military Science, and Reserve Officer
Training Corps; and
(3) identify efforts, resources, and funding required to
increase military service academy accession by an additional 20
percent by the end of the four-year period beginning on the
date of the enactment of this Act.
(c) Submission of Results.--Not later than 90 days after the date
of the enactment of this Act, the Comptroller General shall submit to
Congress a report containing the results of the review under subsection
(a). | She Is Ready Act - Prohibits the Secretaries of the military departments (the Secretaries) from unduly delaying the assignment of female members of the Armed Forces to military occupational specialties, positions, and units because of the absence of a cadre or critical mass of female members available for such assignment. Requires the Secretary of Defense (DOD) to direct the Secretaries to open for assignment of women all positions in occupations that are open to female members in any unit of the Armed Forces. Requires the Secretary of Defense to direct: (1) the Secretaries to validate the gender-neutral occupational standards used by the Armed Forces for the purpose of ensuring that such standards: (1) are consistent with provisions requiring performance outcome-based standards for the successful accomplishment of the necessary and required specific tasks associated with the qualifications and duties performed; (2) accurately predict performance of actual, regular, and recurring duties of a military occupation; and (3) are applied equitably to measure individual capabilities. Requires the Secretary of Defense to: (1) direct the Secretaries to provide greater transparency of women in service implementation plans and ensure that a statement of administration policy is created to reflect the mission of the plan and its intent on responsibly opening all jobs, positions, and units to female members of the Armed Forces; (2) promptly respond whenever one of the Secretaries submits a notice of newly opened jobs, positions, or units to female members of the Armed Forces; and (3) ensure all closed positions and units are open to female members of the Armed Forces by January 1, 2016, consistent with the Joint Memorandum issued on January 24, 2013, regarding the elimination of the 1994 Direct Ground Combat Definition and Assignment Rule. Requires the Secretary of the Navy to provide Congress with information on: (1) what process and metrics were used to validate the physical standards applicable to members of the Navy and Marine Corps; and (2) Marine Corps research involving female members of the Marine Corps who volunteer for the Infantry Officers Course, the enlisted infantry training course, and the Ground Combat Element Experimental Task Force. Makes any female member of the Marine Corps who graduates from the enlisted infantry course eligible for assignment to an infantry occupational specialty. Requires: (1) the Secretary of the Army to permit female members of the Army to apply to Army Ranger School for leadership training opportunities, and (2) the Secretary of Defense to direct the Special Operations Command to submit to Congress the type of approach and methodology it will be using for the integration of women into the Special Operations Forces. Requires the Secretary of Defense to direct the Secretaries to take immediate steps to ensure that properly designed and fitted combat equipment is available and distributed to female members of the Armed Forces. Directs the Comptroller General to conduct a review of Services' Outreach and Recruitment Efforts gauged toward women representation in the officer corps. | {"src": "billsum_train", "title": "She Is Ready Act"} | 1,969 | 618 | 0.748647 | 2.764145 | 0.88377 | 6.479279 | 3.210811 | 0.987387 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reservist Access to Justice Act of
2007''.
SEC. 2. IMPROVEMENTS TO VETERANS' REEMPLOYMENT RIGHTS.
(a) Liquidated Damages.--
(1) State and private employers.--Section 4323(d)(1)(C) of
title 38, United States Code, is amended to read as follows:
``(C) If the court determines that the employer's failure
to comply with the provisions of this chapter was willful, the
court may require the employer to pay the person an amount
equal to the greater of--
``(i) the amount referred to in subparagraph (B) as
liquidated damages; or
``(ii) $20,000.''.
(2) Federal government employers.--Section 4324 of such
title is amended by adding at the end the following new
subsection:
``(e)(1) In any action under this section, the court may award
relief as follows:
``(A) The court may require the employer to comply with the
provisions of this chapter.
``(B) The court may require the employer to compensate the
person for any loss of wages or benefits suffered by reason of
such employer's failure to comply with the provisions of this
chapter.
``(C) If the court determines that the employer's failure
to comply with the provisions of this chapter was willful, the
court may require the employer to pay the person an amount
equal to the greater of--
``(i) the amount referred to in subparagraph (B) as
liquidated damages; or
``(ii) $20,000.
``(2)(A) Any compensation awarded under subparagraph (B) or (C) of
paragraph (1) shall be in addition to, and shall not diminish, any of
the other rights and benefits provided for under this chapter.
``(B) In the case of an action commenced in the name of the United
States for which the relief includes compensation awarded under
subparagraph (B) or (C) of paragraph (1), such compensation shall be
held in a special deposit account and shall be paid, on order of the
Attorney General, directly to the person. If the compensation is not
paid to the person because of inability to do so within a period of 3
years, the compensation shall be covered into the Treasury of the
United States as miscellaneous receipts.''.
(b) Injunctive Relief.--Section 4323(e) of such title is amended by
striking ``may'' and inserting ``shall''.
(c) Punitive Damages Authorized for Certain State and Private
Employers Who Violate Chapter 43 of Title 38, United States Code.--
Section 4323(d) of title 38, United States Code, is amended by adding
at the end the following new subparagraph:
``(D) In the case of an employer with 15 or more employees,
the court may require the employer to pay the person punitive
damages, if the court determines that the employer's failure to
comply with the provisions of this chapter was done with malice
or reckless indifference to the federally-protected rights of
the person.''.
(d) Clarification of Right of Action Under USERRA.--Section 4323 of
title 38, United States Code, is amended--
(1) in subsection (b), by striking paragraphs (2) and (3)
and inserting the following new paragraph (2):
``(2) In the case of an action against a State (as an
employer) or a private employer by a person, the action may be
brought in a district court of the United States or State court
of competent jurisdiction.'';
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following new
subsection (j):
``(j)(1)(A) A State's receipt or use of Federal financial
assistance for any program or activity of a State shall constitute a
waiver of sovereign immunity, under the eleventh amendment to the
Constitution or otherwise, to a suit brought by an employee of that
program or activity under this chapter for the rights or benefits
authorized the employee by this chapter.
``(B) In this paragraph, the term `program or activity' has the
meaning given the term in section 309 of the Age Discrimination Act of
1975 (42 U.S.C. 6107).
``(2) An official of a State may be sued in the official capacity
of the official by any person covered by paragraph (1) who seeks
injunctive relief against a State (as an employer) under subsection
(e). In such a suit the court may award to the prevailing party those
costs authorized by section 722 of the Revised Statutes (42 U.S.C.
1988).''.
SEC. 3. EXEMPTION FROM CHAPTER 1 OF TITLE 9, UNITED STATES CODE, OF
CLAIMS BY MEMBERS OF THE UNIFORMED SERVICES FOR
EMPLOYMENT AND REEMPLOYMENT RIGHTS AND BENEFITS.
Section 4322 of title 38, United States Code, is amended by adding
at the end the following:
``(g) Chapter 1 of title 9 shall not apply with respect to
employment or reemployment rights or benefits claimed under this
subchapter.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to an
action commenced after the date of the enactment of this Act.
| Reservist Access to Justice Act of 2007 - Allows a court, if it determines that a federal, state, or private employer's failure to comply with a veteran's reemployment rights was willful, to require the employer to pay the individual the greater of any loss of wages or benefits, or $20,000. Requires (current law authorizes) a court to exercise injunctive relief to fully vindicate such rights.
Authorizes a court to require a state or private employer to pay punitive damages for violations found to be with malice or reckless indifference to the individual's federally-protected reemployment rights.
Makes federal arbitration procedures inapplicable to claims for veterans' employment and reemployment rights and benefits. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to improve veterans' reemployment rights under chapter 43 of such title, to exempt claims brought under that chapter from arbitration under chapter 1 of title 9 of such Code, and for other purposes."} | 1,234 | 174 | 0.542874 | 1.50132 | 0.709543 | 2.576923 | 8.576923 | 0.853846 |
SECTION 1. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended to
read as follows:
``SEC. 216. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
``(a) Policy.--It is the policy of the United States that the
national interstate transmission system should be guided by the goal of
maximizing the net benefits of the electricity system, taking into
consideration--
``(1) support for the development of new, cleaner power
generation capacity, including renewable energy generation
located distant from load centers;
``(2) opportunities for reduced emissions from regional
power production;
``(3) transmission needs driven by public policy
requirements established by State or Federal laws (including
regulations);
``(4) cost savings resulting from--
``(A) reduced transmission congestion;
``(B) enhanced opportunities for intraregional and
interregional electricity trades;
``(C) reduced line losses;
``(D) generation resource-sharing; and
``(E) enhanced fuel diversity;
``(5) reliability benefits, including satisfying
reliability standards and guidelines for resource adequacy and
system security;
``(6) diversification of risk relating to events affecting
fuel supply or generating resources in a particular region;
``(7) the enhancement of competition in electricity markets
and mitigation of market power;
``(8) the ability to collocate facilities on existing
rights-of-way;
``(9) competing land use priorities, including land
protected under Federal or State law;
``(10) the requirements of section 217(b)(4); and
``(11) the contribution of demand side management
(including energy efficiency and demand response), energy
storage, distributed generation resources, and smart grid
investments.
``(b) Definitions.--In this section:
``(1) High-priority regional transmission project.--The
term `high-priority regional transmission project' means an
overhead, submarine, or underground transmission facility,
including conductors or cables, towers, manhole duct systems,
reactors, capacitors, circuit breakers, static VAR
compensators, static synchronous compensators, power
converters, transformers, synchronous condensers, braking
resistors, and any ancillary facilities and equipment necessary
for the proper operation of the facility, that is selected in a
regional transmission plan for the purposes of cost allocation
under Order Number 1000 of the Commission (or any successor
order), including an interregional project selected under that
plan.
``(2) Indian land.--The term `Indian land' means land--
``(A) the title to which is held by the United
States in trust for an Indian tribe or individual
Indian; or
``(B) that is held by an Indian tribe or individual
Indian subject to a restriction by the United States
against alienation or encumbrance.
``(3) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village or regional or
village corporation (as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
``(c) Siting.--
``(1) Purposes.--The purpose of this subsection is to
ensure that high-priority regional transmission projects are in
the public interest and advance the policy established under
subsection (a).
``(2) State review of project siting.--
``(A) In general.--No developer of a high-priority
regional transmission project may seek a certificate
for construction under subsection (d) unless the
developer first seeks authorization to construct the
high-priority regional transmission project under
applicable State law concerning authorization and
routing of transmission facilities.
``(B) Federal authority.--The Commission may
authorize, in accordance with subsection (d),
construction of a high-priority regional transmission
project that the Commission finds to be required by the
present or future public convenience and necessity and
in accordance with this section if--
``(i) a State--
``(I) fails to approve construction
and authorize routing of a high-
priority regional transmission project
not later than 1 year after the date
the applicant submits a completed
application for authorization to the
State;
``(II) rejects or denies the
application for a high-priority
regional transmission project;
``(III) authorizes the high-
priority regional transmission project
subject to conditions that unreasonably
interfere with the development of a
high-priority regional transmission
project contrary to the purposes of
this section; or
``(IV) does not have authority to
approve the siting of the high-priority
regional transmission project; or
``(ii) the developer seeking a certificate
for construction under subsection (d) does not
qualify to apply for State authorization to
construct a high-priority regional transmission
project because the developer does not serve
end-users in the State.
``(d) Construction.--
``(1) Application for certificate.--
``(A) In general.--An applicant for a high-priority
regional transmission project may apply to the
Commission for a certificate of public convenience and
necessity with respect to construction of the high-
priority regional transmission project only under a
circumstance described in subsection (c)(2)(B).
``(B) Form.--The application for a certificate
shall be made in writing in such form and containing
such information as the Commission may by regulation
require.
``(C) Hearing.--On receipt of an application under
this paragraph, the Commission--
``(i) shall provide public notice and
opportunity for hearing; and
``(ii) may approve (with or without
conditions) or disapprove the application, in
accordance with paragraph (2).
``(D) Administration.--
``(i) In general.--The Commission shall act
as the lead agency for purposes of coordinating
all applicable Federal authorizations and
related environmental reviews for a high-
priority regional transmission project under
this section.
``(ii) Coordination.--To the maximum extent
practicable, the Commission shall--
``(I) coordinate the Federal
authorization and related environmental
review process with any Indian tribe,
multistate entity, or State agency
responsible for conducting any separate
permitting or environmental review of a
high-priority regional transmission
project; and
``(II) ensure timely and efficient
review and permit decisions.
``(iii) Timeline.--The Commission, in
consultation with the applicable agencies
described in clause (ii)(I) and consistent with
applicable law, shall establish a coordinated
project plan with milestones for all Federal
authorizations described in clause (i).
``(2) Grant of certificate.--
``(A) In general.--A certificate shall be issued to
a qualified applicant for a certificate authorizing the
whole or partial operation, construction, acquisition,
or modification covered by the application, if the
Commission determines that the proposed operation,
construction, acquisition, or modification, to the
extent authorized by the certificate, is required by
the present or future public convenience and necessity.
``(B) Terms and conditions.--The Commission shall
have the power to attach to the issuance of a
certificate under this paragraph and to the exercise of
the rights granted under the certificate such
reasonable terms and conditions as the public
convenience and necessity may require.
``(C) Record of state proceeding.--Any party,
including the State, to a State proceeding in which an
application for a high-priority regional transmission
project was rejected or denied may file with the
Commission for its consideration any portion of the
record of the State proceeding.
``(D) Public convenience and necessity.--In making
a determination with respect to public convenience and
necessity, the Commission shall consider whether the
facilities covered by an application are included in an
Interconnection-wide transmission grid plan for a high-
priority regional transmission project.
``(3) Right of eminent domain.--If any holder of a
certificate issued under paragraph (2) cannot acquire by
contract, or is unable to agree with the owner of property on
the compensation to be paid for, the necessary right-of-way to
construct, operate, and maintain the high-priority regional
transmission project to which the certificate relates, and the
necessary land or other property necessary to the proper
operation of the high-priority regional transmission project,
the holder may acquire the right-of-way by the exercise of the
right of eminent domain in--
``(A) the United States district court for the
district in which the property is located; or
``(B) a State court.
``(4) Federal, state and tribal recommendations.--In
granting a certificate under paragraph (2), the Commission
shall--
``(A) seek from Federal resource agencies, State
regulatory agencies, and affected Indian tribes
recommended mitigation measures, based on habitat
protection, environmental considerations, or cultural
site protection; and
``(B)(i) incorporate those identified mitigation
measures as conditions to the certificate; or
``(ii) if the Commission determines that a
recommended mitigation measure is inconsistent with the
purposes of this section or with other applicable
provisions of law, is infeasible or not cost-effective,
or for any other reason--
``(I) consult with the Federal resource
agency, State regulatory agency, and affected
Indian tribe to seek to resolve the issue;
``(II) incorporate as conditions to the
certificate such recommended mitigation
measures as are determined to be appropriate by
the Commission, based on those consultations
and the record before the Commission; and
``(III) if, after consultation, the
Commission does not adopt in whole or in part a
recommendation of an agency or affected Indian
tribe, publish a statement of a finding that
the adoption of the recommendation is
infeasible, not cost-effective, or otherwise
inconsistent with this section or other
applicable provisions of law.
``(5) State or local authorizations.--An applicant
receiving a certificate under this subsection with respect to
construction or modification of a high-priority regional
transmission project in a State shall not be required to obtain
a separate siting authorization from the State or any local
authority within the State.
``(6) Rights-of-way over indian land.--Notwithstanding
paragraph (3), in the case of siting, construction, operation,
and maintenance of a transmission facility to be located on or
over Indian land, a certificate holder under this section shall
comply with the requirements of Federal law for obtaining
rights-of-way on or over Indian land.
``(e) Relationship to Other Laws.--
``(1) In general.--Except as specifically provided in this
section, nothing in this section affects any requirement of an
environmental or historic preservation law of the United
States, including--
``(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
``(B) the Wilderness Act (16 U.S.C. 1131 et seq.);
or
``(C) the National Historic Preservation Act (16
U.S.C. 470 et seq.).
``(2) State law.--Nothing in this section precludes any
person from constructing or modifying any transmission facility
in accordance with State law.
``(f) Applicability.--
``(1) Project developers.--Nothing in this section
precludes the development, subject to applicable regulatory
requirements, of transmission projects that are not selected in
a regional transmission plan.
``(2) Exclusions.--This section does not apply in the State
of Alaska or Hawaii or to the Electric Reliability Council of
Texas.''. | This bill amends the Federal Power Act to declare U.S. policy regarding the national interstate electricity transmission system, and to ensure that high-priority regional transmission (HPRT) projects are in the public interest. The bill prohibits a project developer from seeking a certificate for construction without first seeking authorization under applicable state law. The Federal Energy Regulatory Commission (FERC) may authorize HPRT project construction found to be required by public convenience and necessity if the state: fails to approve the project, rejects the project application, has no authority to approve the project siting, or authorizes the project subject to conditions that unreasonably interfere with an HPRT project. FERC is designated the lead agency to coordinate both federal authorizations and related environmental reviews for an HPRT project. FERC shall: (1) coordinate the federal authorization and related environmental review process with any Indian tribe, multistate entity, or state agency responsible for separate permitting or environmental review of a project; and (2) ensure timely and efficient review and permit decisions. FERC must incorporate into the certificate certain mitigation measures recommended by federal and state agencies, including affected Indian tribes. Excludes from coverage by this Act Alaska, Hawaii, and the Electric Reliability Council of Texas. | {"src": "billsum_train", "title": "A bill to amend the Federal Power Act to improve the siting of interstate electric transmission facilities, and for other purposes."} | 2,626 | 264 | 0.458361 | 1.331619 | 0.650001 | 2.564655 | 10.655172 | 0.883621 |
SECTION 1. SHORT TITLE, FINDINGS, PURPOSES.
(a) Short Title.--This Act may be cited as the ``Colorado River
Indian Reservation Boundary Correction Act''.
(b) Findings.--Congress finds the following:
(1) The Act of March 3, 1865, created the Colorado River
Indian Reservation (hereinafter ``Reservation'') along the
Colorado River in Arizona and California for the ``Indians of
said river and its tributaries''.
(2) In 1873 and 1874, President Grant issued Executive
orders to expand the Reservation southward and to secure its
southern boundary at a clearly recognizable geographic location
in order to forestall non-Indian encroachment and conflicts
with the Indians of the Reservation.
(3) In 1875, Mr. Chandler Robbins surveyed the Reservation
(hereinafter ``the Robbins Survey'') and delineated its new
southern boundary, which included approximately 16,000
additional acres (hereinafter ``the La Paz lands''), as part of
the Reservation.
(4) On May 15, 1876, President Grant issued an Executive
order that established the Reservation's boundaries as those
delineated by the Robbins Survey.
(5) In 1907, as a result of increasingly frequent
trespasses by miners and cattle and at the request of the
Bureau of Indian Affairs, the General Land Office of the United
States provided for a resurvey of the southern and southeastern
areas of the Reservation.
(6) In 1914, the General Land Office accepted and approved
a resurvey of the Reservation conducted by Mr. Guy Harrington
in 1912 (hereinafter the ``Harrington Resurvey'') which
confirmed the boundaries that were delineated by the Robbins
Survey and established by Executive order in 1876.
(7) On November 19, 1915, the Secretary of the Interior
reversed the decision of the General Land Office to accept the
Harrington Resurvey, and upon his recommendation on November
22, 1915, President Wilson issued Executive Order No. 2273 ``*
* * to correct the error in location said southern boundary
line * * *''--and thus effectively excluded the La Paz from the
Reservation.
(8) Historical evidence compiled by the Department of the
Interior supports the conclusion that the reason given by the
Secretary in recommending that the President issue the 1915
Executive order--``to correct an error in locating the southern
boundary''--was itself in error and that the La Paz lands
should not have been excluded from the Reservation.
(9) The La Paz lands continue to hold cultural and
historical significance, as well as economic development
potential, for the Colorado River Indian tribes, who have
consistently sought to have such lands restored to their
Reservation.
(c) Purposes.--The purposes of this Act are:
(1) To correct the south boundary of the Reservation by
reestablishing such boundary as it was delineated by the
Robbins Survey and affirmed by the Harrington Resurvey.
(2) To restore the La Paz lands to the Reservation, subject
to valid existing rights under Federal law and to provide for
continued reasonable public access for recreational purposes.
(3) To provide for the Secretary of the Interior to review
and ensure that the corrected Reservation boundary is
resurveyed and marked in conformance with the public system of
surveys extended over such lands.
SEC. 2. BOUNDARY CORRECTION, RESTORATION, DESCRIPTION.
(a) Boundary.--The boundaries of the Colorado River Indian
Reservation are hereby declared to include those boundaries as were
delineated by the Robbins Survey, affirmed by the Harrington Survey,
and described as follows: The approximately 15,375 acres of Federal
land described as ``Lands Identified for Transfer to Colorado River
Indian Tribes'' on the map prepared by the Bureau of Land Management
entitled ``H.R. 2981, Colorado River Indian Reservation Boundary
Correction Act, and dated May 14, 2004'', (hereinafter referred to as
the ``Map'')
(b) Map.--The Map shall be available for review at the Bureau of
Land Management.
(c) Restoration.--Subject to valid existing rights under Federal
law, all right, title, and interest of the United States to those lands
within the boundaries declared in subsection (a) that were excluded
from the Colorado River Indian Reservation pursuant to Executive Order
No. 2273 (November 22, 1915) are hereby restored to the Reservation and
shall be held in trust by the United States on behalf of the Colorado
River Indian Tribes.
(d) Exclusion.--Excluded from the lands restored to trust status on
behalf of the Colorado River Indian Tribes that are described in
subsection (a) are 2 parcels of Arizona State Lands identified on the
Map as ``State Lands'' and totaling 320 acres and 520 acres.
SEC. 3. RESURVEY AND MARKING.
The Secretary of the Interior shall ensure that the boundary for
the restored lands described in section 2(a) is surveyed and clearly
marked in conformance with the public system of surveys extended over
such lands.
SEC. 4. WATER RIGHTS.
The restored lands described in section 2(a) and shown on the Map
shall have no Federal reserve water rights to surface water or ground
water from any source.
SEC. 5. PUBLIC ACCESS.
Continued access to the restored lands described in section (2)(a)
for hunting and other existing recreational purposes shall remain
available to the public under reasonable rules and regulations
promulgated by the Colorado River Indian Tribes.
SEC. 6. ECONOMIC ACTIVITY.
(a) In General.--The restored lands described in section (2)(a)
shall be subject to all rights-of-way, easements, leases, and mining
claims existing on the date of the enactment of this Act. The United
States reserves the right to continue all Reclamation projects,
including the right to access and remove mineral materials for Colorado
River maintenance on the restored lands described in section (2)(a).
(b) Additional Rights-of-way.--Notwithstanding any other provision
of law, the Secretary, in consultation with the Tribe, shall grant
additional rights-of-way, expansions, or renewals of existing rights-
of-way for roads, utilities, and other accommodations to adjoining
landowners or existing right-of-way holders, or their successors and
assigns, if--
(1) the proposed right-of-way is necessary to the needs of
the applicant;
(2) the proposed right-of-way acquisition will not cause
significant and substantial harm to the Colorado River Indian
Tribes; and
(3) the proposed right-of-way complies with the procedures
in part 169 of title 25, Code of Federal Regulations consistent
with this subsection and other generally applicable Federal
laws unrelated to the acquisition of interests on trust lands,
except that section 169.3 of those regulations shall not be
applicable to expansions or renewals of existing rights-of-way
for roads and utilities.
(c) Fees.--The fees charged for the renewal of any valid lease,
easement, or right-of-way subject to this section shall not be greater
than the current Federal rate for such a lease, easement, or right-of-
way at the time of renewal if the holder has been in substantial
compliance with all terms of the lease, easement, or right-of-way.
SEC. 7. GAMING.
Land taken into trust under this Act shall neither be considered to
have been taken into trust for gaming nor be used for gaming (as that
term is used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.)).
Passed the House of Representatives September 28, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Colorado River Indian Reservation Boundary Correction Act - Declares that the boundaries of the Colorado River Indian Reservation are the boundaries delineated by the Robbins Survey of 1875 and affirmed by the Harrington Resurvey of 1912 (which include 16,000 acres known as the La Paz lands).
Restores to the Reservation all right, title, and interest of the United States to those lands within such boundaries that were excluded from the Reservation pursuant to Executive Order No. 2273 (November 22, 1915), which shall be held in trust by the United States on behalf of the Colorado River Indian Tribes. (Excludes from such restored lands specified lands under title to the Arizona State Lands Department.)
Subjects the restored lands to all existing rights-of-way, easements, leases, and mining claims. Declares that the United States reserves the right to continue all Reclamation projects, including the right to access and remove mineral materials for Colorado River maintenance on the restored lands. Requires the Secretary of the Interior to grant additional rights-of-way, expansions, or renewals of existing rights-of-way for roads, utilities, and other accommodations to adjoining landowners or existing right-of-way holders, if certain criteria are met.
Prohibits gaming on lands taken into trust under this Act. | {"src": "billsum_train", "title": "To correct the south boundary of the Colorado River Indian Reservation in Arizona, and for other purposes."} | 1,732 | 294 | 0.526765 | 1.687553 | 0.896287 | 6.365854 | 6.268293 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Comprehensive
Study of Voting Procedures Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Americans are increasingly concerned about current
voting procedures;
(2) Americans are increasingly concerned about the speed
and timeliness of vote counts;
(3) Americans are increasingly concerned about the accuracy
of vote counts;
(4) Americans are increasingly concerned about the security
of voting procedures;
(5) the shift in the United States is to the increasing use
of technology which calls for a reassessment of the use of
standardized technology for Federal elections; and
(6) there is a need for Congress to establish a method for
standardizing voting procedures in order to ensure the
integrity of Federal elections.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established the Commission on the Comprehensive Study of
Voting Procedures (in this Act referred to as the ``Commission'').
SEC. 4. DUTIES OF THE COMMISSION; MATCHING GRANT PROGRAM.
(a) Study.--Not later than 1 year after the date on which all of
the members of the Commission have been appointed under section 5, the
Commission shall complete a thorough study of all issues relating to
voting procedures in Federal, State, and local elections, including the
following:
(1) Voting procedures in Federal, State, and local
government elections.
(2) Voting procedures that represent the best practices in
Federal, State, and local government elections.
(3) Legislation and regulatory efforts that affect voting
procedures issues.
(4) The implementation of standardized voting procedures,
including standardized technology, for Federal, State, and
local government elections.
(5) The speed and timeliness of vote counts in Federal,
State and local elections.
(6) The accuracy of vote counts in Federal, State and local
elections.
(7) The security of voting procedures in Federal, State and
local elections.
(8) The accessibility of voting procedures for individuals
with disabilities and the elderly.
(9) The level of matching grant funding necessary to enable
States and localities to implement the recommendations made by
the Commission under subsection (b) for the modernization of
State and local voting procedures.
(b) Recommendations.--The Commission shall develop recommendations
with respect to Federal elections matters.
(c) Reports.--
(1) Final report.--Not later than 180 days after the
expiration of the period referred to in subsection (a), the
Commission shall submit a report, that has been approved by a
majority of the members of the Commission, to the President and
Congress which shall contain a detailed statement of the
findings and conclusions of the Commission, together with its
recommendations for such legislation and administrative actions
as it considers appropriate.
(2) Interim reports.--The Commission may submit to the
President and Congress any interim reports that are approved by
a majority of the members of the Commission.
(3) Additional reports.--The Commission may, together with
the report submitted under paragraph (1), submit additional
reports that contain any dissenting or minority opinions of the
members of the Commission.
(d) Matching Grant Program.--
(1) Authority.--After the submission of the final report
under subsection (c)(1), the Attorney General, acting through
the Assistant Attorney General for the Office of Justice
Programs, shall award grants to State and local governments to
enable such governments to implement the recommendations made
by the Commission under subsection (b).
(2) Application.--To be eligible to receive a grant under
paragraph (1), a State or local government shall prepare and
submit to the Attorney General an application at such time, in
such manner, and containing such information as the Attorney
General may require including an assurance that the applicant
will comply with the requirements of paragraph (3).
(3) Matching funds.--The Attorney General may not award a
grant to a State or local government under this subsection
unless the government agrees to make available (directly or
through donations from public or private entities) non-Federal
contributions toward the activities to be conducted under the
grant in an amount equal to not less than $1 for each $1 of
Federal funds provided under the grant.
(4) Amount of grant.--The Attorney General shall determine
the amount of each grant under this subsection based on the
recommendations made by the Commission under subsection (b).
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, the amounts
recommended for each fiscal year by the Commission under
subsection (b) as being necessary for the modernization of
State and local voting procedures with respect to Federal
elections.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of--
(1) five voting members of whom--
(A) one shall be appointed by the President;
(B) one shall be appointed by the majority leader
of the Senate;
(C) one shall be appointed by the minority leader
of the Senate;
(D) one shall be appointed by the Speaker of the
House of Representatives; and
(E) one shall be appointed by the minority leader
of the House of Representatives; and
(2) the Director of the Office of Election Administration
of the Federal Election Commission who shall be an advisory,
nonvoting member.
(b) Date of Appointment.--The appointments of the members of the
Commission shall be made not later than 30 days after the date of
enactment of this Act.
(c) Terms.--Each member of the Commission shall be appointed for
the life of the Commission.
(d) Vacancies.--A vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the original
appointment was made.
(e) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson or a majority of its members.
(2) 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.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among its members.
SEC. 6. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may hold such hearings
for the purpose of carrying out this Act, 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. The Commission
may administer oaths and affirmations to witnesses appearing before the
Commission.
(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 Chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(c) Website.--For purposes of conducting the study under section
4(a), the Commission shall establish a website to facilitate public
comment and participation.
(d) 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.
(e) Administrative Support Services.--Upon the request of the
Chairperson of the Commission, the Administrator of the General
Services Administration shall provide to the Commission, on a
reimbursable basis, the administrative support services that are
necessary to enable the Commission to carry out its duties under this
Act.
(f) Contracts.--The Commission may contract with and compensate
persons and Federal agencies for supplies and services without regard
to section 3709 of the Revised Statutes (42 U.S.C. 5).
(g) Gifts and Donations.--The Commission may accept, use, and
dispose of gifts or donations of services or property to carry out this
Act.
SEC. 7. 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 Chairperson 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 Chairperson 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
Chairperson 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. 8. LIMITATION ON CONTRACTING AUTHORITY.
Any new contracting authority provided for in this Act shall be
effective only to the extent, or in the amounts, provided for in
advance in appropriations Acts.
SEC. 9. TERMINATION OF THE COMMISSION.
The Commission shall terminate 30 days after the date on which the
Commission submits its report under section 4.
SEC. 10. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to prohibit the enactment of
an Act with respect to voting procedures during the period in which the
Commission is carrying out its duties under this Act.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to the Commission to carry out this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended. | Commission on the Comprehensive Study of Voting Procedures Act of 2001 - Establishes the Commission on the Comprehensive Study of Voting Procedures to: (1) study and report to the President and Congress on all issues relating to voting procedures in Federal, State, and local elections; and (2) develop recommendations with respect to Federal election matters.Directs the Attorney General to award grants to eligible State and local government applicants to enable them to implement Commission recommendations. | {"src": "billsum_train", "title": "A bill to establish a Commission for the comprehensive study of voting procedures in Federal, State, and local elections, and for other purposes."} | 2,439 | 92 | 0.596069 | 1.491435 | 1.059962 | 3.976744 | 26.755814 | 0.953488 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conscience Protection Act of 2016''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Thomas Jefferson stated a conviction common to our
Nation's founders when he declared in 1809 that ``[n]o
provision in our Constitution ought to be dearer to man than
that which protects the rights of conscience against the
enterprises of the civil authority''.
(2) In 1973, the Supreme Court concluded that the
government must leave the abortion decision ``to the medical
judgment of the pregnant woman's attending physician'',
recognizing that a physician may choose not to participate in
abortion. Roe v. Wade, 410 U.S. 113, 164 (1973). The Court
cited with approval a policy that ``neither physician,
hospital, nor hospital personnel shall be required to perform
any act violative of personally-held moral principles'', 410
U.S. at 143 n. 38, and cited State laws upholding this
principle. Doe v. Bolton, 410 U.S. 179, 197-8 (1973).
(3) Congress' enactments to protect this right of
conscience in health care include the Church amendment of 1973
(42 U.S.C. 300a-7), the Coats/Snowe amendment of 1996 (42
U.S.C. 238n), and the Hyde/Weldon amendment approved by
Congresses and Presidents of both parties every year since
2004.
(4) None of these laws explicitly provides a ``private
right of action'' so victims of discrimination can defend their
conscience rights in court, and administrative enforcement by
the Department of Health and Human Services Office for Civil
Rights has been lax, at times allowing cases to languish for
years without resolution.
(5) Defying the Federal Hyde/Weldon amendment, California's
Department of Managed Health Care has mandated coverage for all
elective abortions in all health plans under its jurisdiction.
Other States such as New York and Washington have taken or
considered similar action, and some States may go further to
require all physicians and hospitals to provide or facilitate
abortions.
(6) Members of Congress have repeatedly questioned U.S.
Health and Human Services Secretary Sylvia Burwell about
California's ongoing violation which began in August 2014. The
Department of Health and Human Services has acknowledged
California's violations and indicated that the Department was
taking them ``seriously'' and that the matter would be resolved
``expeditiously''. Despite numerous complaints and calls for
prompt enforcement of the Hyde/Weldon amendment in California,
however, the Department has failed to resolve the matter.
(7) The vast majority of medical professionals do not
perform abortions, with 86 percent of ob/gyns unwilling to
provide them in a recent study (Obstetrics & Gynecology, Sept.
2011) and the great majority of hospitals choosing to do so in
rare cases or not at all. Therefore, a policy requiring all
health care providers to be involved in abortion could
seriously disrupt the health care system, reducing the number
and diversity of providers available to serve the basic health
needs of American women and men.
(8) A health care provider's decision not to participate in
an abortion, like Congress' decision not to fund most
abortions, erects no new barrier to those seeking to perform or
undergo abortions but leaves each party free to act as he or
she wishes.
(9) Such protection poses no conflict with other Federal
laws, such as the law requiring emergency stabilizing treatment
for a pregnant woman and her unborn child when either is in
distress (Emergency Medical Treatment and Active Labor Act). As
the Obama administration has said, these areas of law have
operated side by side for many years and both should be fully
enforced (76 Fed. Reg. 9968-77 (2011) at 9973).
(10) Reaffirming longstanding Federal policy on conscience
rights and providing a right of action in cases where it is
violated allows longstanding and widely supported Federal laws
to work as intended.
SEC. 3. GOVERNMENTAL DISCRIMINATION AGAINST PROVIDERS OF HEALTH
SERVICES THAT ARE NOT INVOLVED IN ABORTION.
Title II of the Public Health Service Act (42 U.S.C. 202 et seq.)
is amended by inserting after section 245 the following:
``SEC. 245A. GOVERNMENTAL DISCRIMINATION AGAINST PROVIDERS OF HEALTH
SERVICES THAT ARE NOT INVOLVED IN ABORTION.
``(a) In General.--Notwithstanding any other law, the Federal
Government, and any State or local government that receives Federal
financial assistance, may not penalize, retaliate against, or otherwise
discriminate against a health care provider on the basis that the
provider does not--
``(1) perform, refer for, pay for, or otherwise participate
in abortion;
``(2) provide or sponsor abortion coverage; or
``(3) facilitate or make arrangements for any of the
activities specified in this subsection.
``(b) Rule of Construction.--Nothing in this section shall be
construed--
``(1) to prevent any health care provider from voluntarily
electing to participate in abortions or abortion referrals;
``(2) to prevent any health care provider from voluntarily
electing to provide or sponsor abortion coverage or health
benefits coverage that includes abortion;
``(3) to prevent an accrediting agency or a Federal, State
or local government from establishing standards of medical
competency applicable only to those who have knowingly,
voluntarily, and specifically elected to perform abortions, or
from enforcing contractual obligations applicable only to those
who, as part of such contract, knowingly, voluntarily, and
specifically elect to provide abortions;
``(4) to affect, or be affected by, section 1867 of the
Social Security Act (42 U.S.C. 1395dd, commonly referred to as
the `Emergency Medical Treatment and Active Labor Act'); or
``(5) to supersede any law enacted by any State for the
purpose of regulating insurance, except as specified in
subsection (a).
``(c) Administration.--The Secretary shall designate the Director
of the Office for Civil Rights of the Department of Health and Human
Services--
``(1) to receive complaints alleging a violation of this
section, section 245 of this Act, or any of subsections (b)
through (e) of section 401 of the Health Programs Extension Act
of 1973; and
``(2) to pursue the investigation of such complaints in
coordination with the Attorney General.
``(d) Definitions.--For purposes of this section:
``(1) Federal financial assistance.--The term `Federal
financial assistance' means Federal payments to cover the cost
of health care services or benefits, or other Federal payments,
grants, or loans to promote or otherwise facilitate health-
related activities.
``(2) Health care provider.--The term `health care
provider' means--
``(A) an individual physician or other health
professional;
``(B) a hospital, health system, or other health
care facility or organization (including a party to a
proposed merger or other collaborative arrangement
relating to health services, and an entity resulting
therefrom);
``(C) a provider-sponsored organization, an
accountable care organization, or a health maintenance
organization;
``(D) a social services provider that provides or
authorizes referrals for health care services;
``(E) a program of training in the health
professions or an applicant to or participant in such a
program;
``(F) an issuer of health insurance coverage; or
``(G) a group health plan or student health plan,
or a sponsor or administrator thereof.
``(3) State or local government that receives federal
financial assistance.--The term `State or local government that
receives Federal financial assistance' includes every agency
and other governmental unit and subdivision of a State or local
government, if such State or local government, or any agency or
governmental unit or subdivision thereof, receives Federal
financial assistance.
``SEC. 245B. CIVIL ACTION FOR CERTAIN VIOLATIONS.
``(a) In General.--A qualified party may, in a civil action, obtain
appropriate relief with regard to a designated violation.
``(b) Definitions.--For purposes of this section:
``(1) Qualified party.--The term `qualified party' means--
``(A) the Attorney General of the United States; or
``(B) any person or entity adversely affected by
the designated violation.
``(2) Designated violation.--The term `designated
violation' means an actual or threatened violation of--
``(A) section 245 or 245A of this Act; or
``(B) any of subsections (b) through (e) of section
401 of the Health Programs Extension Act of 1973
regarding an objection to abortion.
``(c) Administrative Remedies Not Required.--An action under this
section may be commenced, and relief may be granted, without regard to
whether the party commencing the action has sought or exhausted
available administrative remedies.
``(d) Defendants in Actions Under This Section May Include
Governmental Entities as Well as Others.--
``(1) In general.--An action under this section may be
maintained against, among others, a party that is a Federal or
State governmental entity. Relief in an action under this
section may include money damages even if the defendant is such
a governmental entity.
``(2) Definition.--For the purposes of this subsection, the
term `State governmental entity' means a State, a local
government within a State, and any agency or other governmental
unit or subdivision of a State or of such a local government.
``(e) Nature of Relief.--In an action under this section, the court
shall grant--
``(1) all necessary equitable and legal relief, including,
where appropriate, declaratory relief and compensatory damages,
to prevent the occurrence, continuance, or repetition of the
designated violation and to compensate for losses resulting
from the designated violation; and
``(2) to a prevailing plaintiff, reasonable attorneys' fees
and litigation expenses as part of the costs.''. | Conscience Protection Act of 2016 This bill amends the Public Health Service Act to codify the prohibition against the federal government and state and local governments that receive federal financial assistance for health-related activities penalizing or discriminating against a health care provider based on the provider's refusal to be involved in, or provide coverage for, abortion. Health care providers include health care professionals, health care facilities, social services providers, health care professional training programs, and health insurers. The Office for Civil Rights of the Department of Health and Human Services, in coordination with the Department of Justice (DOJ), must investigate complaints alleging discrimination based on an individual's religious belief, moral conviction, or refusal to be involved in an abortion. DOJ or any entity adversely affected by such discrimination may obtain equitable or legal relief in a civil action. Administrative remedies do not need to be sought or exhausted prior to commencing an action or granting relief. Such an action may be brought against a governmental entity. | {"src": "billsum_train", "title": "Conscience Protection Act of 2016"} | 2,301 | 210 | 0.425038 | 1.408194 | 0.853185 | 2.515957 | 11.101064 | 0.87766 |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Class Action
Jurisdiction Act of 1998''.
(b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of title 28, United States Code.
SEC. 2. JURISDICTION OF DISTRICT COURTS.
(a) Expansion of Federal Jurisdiction.--Section 1332 is amended by
redesignating subsections (b), (c), and (d) as subsections (c), (d),
and (e), respectively, and by inserting after subsection (a) the
following:
``(b)(1) The district courts shall have original jurisdiction of
any civil action, regardless of the sum or value of the matter in
controversy therein, which is brought as a class action and in which--
``(A) any member of a proposed plaintiff class is a citizen
of a State different from any defendant;
``(B) any member of a proposed plaintiff class is a foreign
state or a citizen or subject of a foreign state and any
defendant is a citizen of a State; or
``(C) any member of a proposed plaintiff class is a citizen
of a State and any defendant is a citizen or subject of a
foreign state.
As used in this paragraph, the term `foreign state' has the meaning
given that term in section 1603(a).
``(2)(A) In a civil action described in paragraph (1) in which--
``(i) the substantial majority of the members of all
proposed plaintiff classes are citizens of a single State of
which the primary defendants are also citizens, and
``(ii) the claims asserted will be governed primarily by
the laws of that State,
the district court should abstain from hearing such action.
``(B) In a civil action described in paragraph (1) in which--
``(i) all matters in controversy asserted by the individual
members of all proposed plaintiff classes in the aggregate do
not exceed the sum or value of $1,000,000, exclusive of
interest and costs,
``(ii) the number of members of all proposed plaintiff
classes in the aggregate is less than 100, or
``(iii) the primary defendants are States, State officials,
or other governmental entities against whom the district court
may be foreclosed from ordering relief,
the district court may, in its discretion, abstain from hearing such
action.
``(3)(A) Paragraph (1) and section 1453 shall not apply to any
class action that is brought under the Securities Act of 1933.
``(B) Paragraph (1) and section 1453 shall not apply to a class
action described in subparagraph (C) that is based upon the statutory
or common law of the State in which the issuer concerned is
incorporated (in the case of a corporation) or organized (in the case
of any other entity).
``(C) A class action is described in this subparagraph if it
involves--
``(i) the purchase or sale of securities by an issuer or an
affiliate of an issuer exclusively from or to holders of equity
securities of the issuer; or
``(ii) any recommendation, position, or other communication
with respect to the sale of securities of an issuer that--
``(I) is made by or on behalf of the issuer or an
affiliate of the issuer to holders of equity securities
of the issuer; and
``(II) concerns decisions of those equity holders
with respect to voting their securities, acting in
response to a tender or exchange offer, or exercising
dissenters' or appraisal rights.
``(D) As used in this paragraph, the terms `issuer', `security',
and `equity security' have the meanings given those terms in section 3
of the Securities Exchange Act of 1934.''.
(b) Conforming Amendment.--Section 1332(c) (as redesignated by this
section) is amended by inserting after ``Federal courts'' the
following: ``pursuant to subsection (a) of this section''.
(c) Determination of Diversity.--Section 1332, as amended by this
section, is further amended by adding at the end the following:
``(f) For purposes of subsection (b), a member of a proposed class
shall be deemed to be a citizen of a State different from a defendant
corporation only if that member is a citizen of a State different from
all States of which the defendant corporation is deemed a citizen.''.
SEC. 3. REMOVAL OF CLASS ACTIONS.
(a) In General.--Chapter 89 is amended by adding after section 1452
the following:
``Sec. 1453. Removal of class actions
``(a) In General.--A class action may be removed to a district
court of the United States in accordance with this chapter, except that
such action may be removed--
``(1) by any defendant without the consent of all
defendants; or
``(2) by any plaintiff class member who is not a named or
representative class member of the action for which removal is
sought, without the consent of all members of such class.
``(b) When Removable.--This section shall apply to any class action
before or after the entry of any order certifying a class.
``(c) Procedure for Removal.--The provisions of section 1446(a)
relating to a defendant removing a case shall apply to a plaintiff
removing a case under this section. With respect to the application of
subsection (b) of such section, the requirement relating to the 30-day
filing period shall be met if a plaintiff class member who is not a
named or representative class member of the action for which removal is
sought files notice of removal within 30 days after receipt by such
class member, through service or otherwise, of the initial written
notice of the class action provided at the district court's direction
in accordance with Rule 23(c)(2) of the Federal Rules of Civil
Procedure.''.
(b) Removal Limitations.--Section 1446(b) is amended in the second
sentence--
(1) by inserting ``, by exercising due diligence,'' after
``ascertained''; and
(2) by inserting ``(a)'' after ``section 1332''.
(c) Technical and Conforming Amendments.--The table of sections for
chapter 89 is amended by adding after the item relating to section 1452
the following:
``1453. Removal of class actions.''.
(d) Application of Substantive State Law.--Nothing in this section
or the amendments made by this section shall alter the substantive law
applicable to an action to which the amendments made by section 2 of
this Act apply.
(e) Procedure After Removal.--Section 1447 is amended by adding at
the end the following new subsection:
``(f) If, after removal, the court determines that no aspect of an
action that is subject to its jurisdiction solely under the provisions
of section 1332(b) may be maintained as a class action under Rule 23 of
the Federal Rules of Civil Procedure, the court shall strike the class
allegations from the action and remand the action to the State court.
Upon remand of the action, the period of limitations for any claim that
was asserted in the action on behalf of any named or unnamed member of
any proposed class shall be deemed tolled to the full extent provided
under Federal law.''.
SEC. 4. APPLICABILITY.
The amendments made by this Act shall apply to any action commenced
on or after the date of the enactment of this Act.
SEC. 5. GAO STUDY.
The Comptroller General of the United States shall, by not later
than 1 year after the date of the enactment of this Act, conduct a
study of the impact of the amendments made by this Act on the workload
of the Federal courts, and report to the Congress on the results of the
study. | Class Action Jurisdiction Act of 1998 - Amends the Federal judicial code to grant the district courts original jurisdiction of any civil action, regardless of the sum or value of the matter in controversy, which is brought as a class action in which any member of a proposed plaintiff class is: (1) a citizen of a State different from any defendant; (2) a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or (3) a citizen of a State and any defendant is a citizen or subject of a foreign state.
Directs the district court to abstain from hearing any such action in which: (1) the substantial majority of the members of all proposed plaintiff classes are citizens of a single State of which the primary defendants are also citizens; and (2) the claims asserted will be governed primarily by the laws of that State.
Authorizes the district court to abstain from hearing any such action in which: (1) all matters in controversy asserted by the individual members of all proposed plaintiff classes in the aggregate do not exceed the sum or value of $1 million, exclusive of interest and costs; (2) the number of members of all proposed plaintiff classes in the aggregate is less than 100; or (3) the primary defendants are States, State officials, or other governmental entities against whom the district court may be foreclosed from ordering relief.
Makes provisions of this Act regarding district court jurisdiction and removal of class actions (
see
sec. 3) inapplicable to any class action that is brought under the Securities Act of 1933 and to specified other securities-related class actions.
Considers a member of a proposed class to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen.
(Sec. 3) Authorizes a class action to be removed to a United States district court by any: (1) defendant without the consent of all defendants; or (2) plaintiff class member who is not a named or representative class member of the action for which removal is sought, without the consent of all members of such class. Makes such provision applicable to any class action before or after the entry of any order certifying a class.
Specifies that the removal requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal within 30 days after receipt by such class member of the initial written notice of the class action provided at the district court's direction in accordance with rule 23 of the Federal Rules of Civil Procedure. Provides that if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after defendant's receipt of a copy of an amended paper from which it may first be ascertained by exercising due diligence (exercising due diligence is not a requirement of current law) that the case is one which is or has become removable, with an exception.
Directs the court to strike the class allegations from the action and remand it to State court, if, after removal, it determines that no aspect of an action that is subject to its jurisdiction may be maintained as a class action under rule 23. Provides that upon remand of the action, the period of limitations for any claim that was asserted in the action on behalf of any named or unnamed member of any proposed class shall be deemed tolled as provided under Federal law.
(Sec. 5) Directs the Comptroller General of the United States to conduct a study of the impact of the amendments made by this Act on the workload of the Federal courts, and to report the results to the Congress. | {"src": "billsum_train", "title": "Class Action Jurisdiction Act of 1998"} | 1,842 | 829 | 0.697565 | 2.217282 | 0.757877 | 6.567639 | 2.220159 | 0.949602 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshoring Prevention Act''.
SEC. 2. TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS
ATTRIBUTABLE TO IMPORTED PROPERTY.
(a) General Rule.--Subsection (a) of section 954 of the Internal
Revenue Code of 1986 is amended by striking the period at the end of
paragraph (5) and inserting ``, and'', by redesignating paragraph (5)
as paragraph (4), and by adding at the end the following new paragraph:
``(5) imported property income for the taxable year
(determined under subsection (j) and reduced as provided in
subsection (b)(5)).''.
(b) Definition of Imported Property Income.--Section 954 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(j) Imported Property Income.--
``(1) In general.--For purposes of subsection (a)(5), the
term `imported property income' means income (whether in the
form of profits, commissions, fees, or otherwise) derived in
connection with--
``(A) manufacturing, producing, growing, or
extracting imported property;
``(B) the sale, exchange, or other disposition of
imported property; or
``(C) the lease, rental, or licensing of imported
property.
Such term shall not include any foreign oil and gas extraction
income (within the meaning of section 907(c)) or any foreign
oil related income (within the meaning of section 907(c)).
``(2) Imported property.--For purposes of this subsection--
``(A) In general.--Except as otherwise provided in
this paragraph, the term `imported property' means
property which is imported into the United States by
the controlled foreign corporation or a related person.
``(B) Imported property includes certain property
imported by unrelated persons.--The term `imported
property' includes any property imported into the
United States by an unrelated person if, when such
property was sold to the unrelated person by the
controlled foreign corporation (or a related person),
it was reasonable to expect that--
``(i) such property would be imported into
the United States; or
``(ii) such property would be used as a
component in other property which would be
imported into the United States.
``(C) Exception for property subsequently
exported.--The term `imported property' does not
include any property which is imported into the United
States and which--
``(i) before substantial use in the United
States, is sold, leased, or rented by the
controlled foreign corporation or a related
person for direct use, consumption, or
disposition outside the United States; or
``(ii) is used by the controlled foreign
corporation or a related person as a component
in other property which is so sold, leased, or
rented.
``(D) Exception for certain agricultural
commodities.--The term `imported property' does not
include any agricultural commodity which is not grown
in the United States in commercially marketable
quantities.
``(3) Definitions and special rules.--
``(A) Import.--For purposes of this subsection, the
term `import' means entering, or withdrawal from
warehouse, for consumption or use. Such term includes
any grant of the right to use intangible property (as
defined in section 936(h)(3)(B)) in the United States.
``(B) United states.--For purposes of this
subsection, the term `United States' includes the
Commonwealth of Puerto Rico, the Virgin Islands of the
United States, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(C) Unrelated person.--For purposes of this
subsection, the term `unrelated person' means any
person who is not a related person with respect to the
controlled foreign corporation.
``(D) Coordination with foreign base company sales
income.--For purposes of this section, the term
`foreign base company sales income' shall not include
any imported property income.''.
(c) Separate Application of Limitations on Foreign Tax Credit for
Imported Property Income.--
(1) In general.--Paragraph (1) of section 904(d) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at
the end of subparagraph (A), by redesignating subparagraph (B)
as subparagraph (C), and by inserting after subparagraph (A)
the following new subparagraph:
``(B) imported property income, and''.
(2) Imported property income defined.--Paragraph (2) of
section 904(d) of such Code is amended by redesignating
subparagraphs (I), (J), and (K) as subparagraphs (J), (K), and
(L), respectively, and by inserting after subparagraph (H) the
following new subparagraph:
``(I) Imported property income.--The term `imported
property income' means any income received or accrued
by any person which is of a kind which would be
imported property income (as defined in section
954(j)).''.
(3) Conforming amendment.--Clause (ii) of section
904(d)(2)(A) of such Code is amended by inserting ``or imported
property income'' after ``passive category income''.
(d) Technical Amendments.--
(1) Clause (iii) of section 952(c)(1)(B) of the Internal
Revenue Code of 1986 is amended--
(A) by redesignating subclauses (II), (III), (IV),
and (V) as subclauses (III), (IV), (V), and (VI), and
(B) by inserting after subclause (I) the following
new subclause:
``(II) imported property income,''.
(2) The last sentence of paragraph (4) of section 954(b) of
such Code is amended by striking ``subsection (a)(5)'' and
inserting ``subsection (a)(4)''.
(3) Paragraph (5) of section 954(b) of such Code is amended
by striking ``and the foreign base company oil related income''
and inserting ``the foreign base company oil related income,
and the imported property income''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years of foreign corporations beginning after the date
of the enactment of this Act, and to taxable years of United States
shareholders within which or with which such taxable years of such
foreign corporations end. | Offshoring Prevention Act - Amends the Internal Revenue Code to include in foreign base company income, for purposes of determining the foreign trade income of controlled foreign corporations, imported property income. Defines "imported property income" as, with certain exceptions, income attributable to property manufactured outside of the United States and imported for sale into the United States. Provides for a separate application of limitations on the foreign tax credit for imported property income. | {"src": "billsum_train", "title": "Offshoring Prevention Act"} | 1,510 | 97 | 0.560187 | 1.352766 | 0.883868 | 2.414634 | 16.463415 | 0.878049 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Track Modernization Act of
2003''.
SEC. 2. CAPITAL GRANTS FOR RAILROAD TRACK.
(a) Amendment.--Chapter 223 of title 49, United States Code, is
amended to read as follows:
``CHAPTER 223--CAPITAL GRANTS FOR RAILROAD TRACK
``Sec.
``22301. Capital grants for railroad track.
``Sec. 22301. Capital grants for railroad track
``(a) Establishment of Program.--
``(1) Establishment.--The Secretary of Transportation shall
establish a program of capital grants for the rehabilitation,
preservation, or improvement of railroad track (including
roadbed, bridges, and related track structures) of class II and
class III railroads. Such grants shall be for rehabilitating,
preserving, or improving track used primarily for freight
transportation to a standard ensuring that the track can be
operated safely and efficiently, including grants for
rehabilitating, preserving, or improving track to handle
286,000 pound rail cars. Grants may be provided under this
chapter--
``(A) directly to the class II or class III
railroad; or
``(B) with the concurrence of the class II or class
III railroad, to a State or local government.
``(2) State cooperation.--Class II and class III railroad
applicants for a grant under this chapter are encouraged to
utilize the expertise and assistance of State transportation
agencies in applying for and administering such grants. State
transportation agencies are encouraged to provide such
expertise and assistance to such railroads.
``(3) Interim regulations.--Not later than December 31,
2003, the Secretary shall issue temporary regulations to
implement the program under this section. Subchapter II of
chapter 5 of title 5 does not apply to a temporary regulation
issued under this paragraph or to an amendment to such a
temporary regulation.
``(4) Final regulations.--Not later than October 1, 2004,
the Secretary shall issue final regulations to implement the
program under this section.
``(b) Maximum Federal Share.--The maximum Federal share for
carrying out a project under this section shall be 80 percent of the
project cost. The non-Federal share may be provided by any non-Federal
source in cash, equipment, or supplies. Other in-kind contributions may
be approved by the Secretary on a case by case basis consistent with
this chapter.
``(c) Project Eligibility.--For a project to be eligible for
assistance under this section the track must have been operated or
owned by a class II or class III railroad as of the date of the
enactment of the Railroad Track Modernization Act of 2003.
``(d) Use of Funds.--Grants provided under this section shall be
used to implement track capital projects as soon as possible. In no
event shall grant funds be contractually obligated for a project later
than the end of the third Federal fiscal year following the year in
which the grant was awarded. Any funds not so obligated by the end of
such fiscal year shall be returned to the Secretary for reallocation.
``(e) Employee Protection.--The Secretary shall require as a
condition of any grant made under this section that the recipient
railroad provide a fair arrangement at least as protective of the
interests of employees who are affected by the project to be funded
with the grant as the terms imposed under section 11326(a), as in
effect on the date of the enactment of the Railroad Track Modernization
Act of 2003.
``(f) Labor Standards.--
``(1) Prevailing wages.--The Secretary shall ensure that
laborers and mechanics employed by contractors and
subcontractors in construction work financed by a grant made
under this section will be paid wages not less than those
prevailing on similar construction in the locality, as
determined by the Secretary of Labor under the Act of March 3,
1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a et seq.).
The Secretary shall make a grant under this section only after
being assured that required labor standards will be maintained
on the construction work.
``(2) Wage rates.--Wage rates in a collective bargaining
agreement negotiated under the Railway Labor Act (45 U.S.C. 151
et seq.) are deemed for purposes of this subsection to comply
with the Act of March 3, 1931 (known as the Davis-Bacon Act; 40
U.S.C. 276a et seq.).
``(g) Study.--The Secretary shall conduct a study of the projects
carried out with grant assistance under this section to determine the
public interest benefits associated with the light density railroad
networks in the States and their contribution to a multimodal
transportation system. Not later than March 31, 2005, the Secretary
shall report to Congress any recommendations the Secretary considers
appropriate regarding the eligibility of light density rail networks
for Federal infrastructure financing.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation $350,000,000 for each
of the fiscal years 2004 through 2006 for carrying out this section.''.
(b) Conforming Amendment.--The item relating to chapter 223 in the
table of chapters of subtitle V of title 49, United States Code, is
amended to read as follows:
``223. CAPITAL GRANTS FOR RAILROAD TRACK.................... 22301''. | Railroad Track Modernization Act of 2003 - Amends federal rail transportation law to replace the Secretary of Transportation's discretionary program of grants to states for light density rail line pilot projects with a mandatory program of capital grants for railroad track. Directs the Secretary to establish a program of capital grants to class II and class III railroads (or, with the concurrence of such a railroad, to a state or local government) to rehabilitate, preserve, or improve railroad track (including roadbed, bridges, and related track structures) used primarily for freight transportation. Requires rehabilitation, preservation, or improvement to a standard ensuring that the track can be operated safely and efficiently and accommodate 286,000 pound rail cars.
Sets forth certain employee protection and prevailing wage requirements with respect to grant projects. Directs the Secretary to study and report to Congress on such projects to determine the public interest benefits associated with the light density railroad networks in the states and their contribution to a multimodal transportation system. | {"src": "billsum_train", "title": "To authorize the Secretary of Transportation to establish a grant program for the rehabilitation, preservation, or improvement of railroad track."} | 1,213 | 214 | 0.643765 | 1.703565 | 0.770023 | 4.076087 | 5.869565 | 0.880435 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puget Sound Recovery Act of 2008''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Puget Sound, as the Nation's second largest estuary, is
a cornerstone of the Pacific Northwest's regional identity and
at the heart of the region's prosperity, supporting a thriving
natural resource and marine industry.
(2) The water quality of Puget Sound is in decline, with
areas of deadly low oxygen and increasing toxic pollutants.
Resident species such as salmon and orcas are endangered.
(3) The declining health of Puget Sound threatens the
economic and environmental vitality of the Pacific Northwest.
(4) The Governor of the State of Washington has taken steps
to combat the decline of Puget Sound at the State government
level.
(5) The Federal Government should now match the efforts of
the State of Washington. The Environmental Protection Agency
should take the lead at the Federal level to create a
comprehensive recovery package for Puget Sound, in coordination
with the comprehensive conservation and management plan for
Puget Sound, and should establish a Puget Sound office in the
State of Washington. Other Federal agencies to be involved
should include the United States Fish and Wildlife Service, the
National Park Service, the United States Geological Survey, the
Forest Service, the Natural Resources Conservation Service, the
Corps of Engineers, and the Departments of Commerce, Homeland
Security, Defense, and Transportation.
(6) The Puget Sound recovery plan efforts should be listed
in the President's annual budget and should serve as a model of
the use of science and efficient coordination between Federal,
tribal, State, regional, and local efforts with an emphasis on
monitoring, assessment, and reaching demonstrable goals.
(7) Canada should join in this enhanced effort, given that
Puget Sound and the Georgia Straits are the same waterway.
SEC. 3. PUGET SOUND.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 123. PUGET SOUND.
``(a) Program Office.--
``(1) Establishment.--The Administrator shall establish in
the Environmental Protection Agency a Puget Sound Program
Office (in this section referred to as the `Office').
``(2) Appointment of director.--The Office shall be headed
by a Director who, by reason of management experience and
technical expertise relating to Puget Sound, is highly
qualified to direct the development of programs and plans on a
variety of issues relating to Puget Sound. The Office shall be
located in the State of Washington.
``(3) Delegation of authority; staffing.--The Administrator
shall delegate to the Director such authority, and provide such
additional staff, as may be necessary to carry out the duties
of the Director under this section.
``(b) Duties of Director.--
``(1) In general.--The Director shall assist the management
conference convened for Puget Sound under section 320 (in this
section referred to as the `Conference') in carrying out its
goals.
``(2) Specific duties.--In carrying out paragraph (1), the
Director shall--
``(A) assist and support the implementation of the
comprehensive conservation and management plan
developed by the Conference pursuant to section 320 (in
this section referred to as the `Comprehensive Plan'),
including efforts to establish, within the process for
granting watershed general permits, a system for
promoting innovative methodologies and technologies
that are cost-effective and consistent with the goals
of the Comprehensive Plan;
``(B) to the extent practicable, coordinate the
major functions of the Federal Government related to
the implementation of the Comprehensive Plan, including
programs and activities for water quality improvements,
wetland and estuary restoration and protection,
endangered species recovery, and research and studies
commissioned under this Act;
``(C) conduct or commission studies and research
considered necessary for strengthened implementation of
the Comprehensive Plan, including studies and research
described in paragraph (3);
``(D) coordinate and manage environmental data
related to Puget Sound;
``(E) coordinate the grant, research, and planning
programs authorized under this section;
``(F) coordinate activities for the protection of
Puget Sound and the Georgia Straits with Canadian
authorities;
``(G) coordinate activities and implementation
responsibilities, including activities under species
recovery plans, through cooperation with other Federal
agencies that have jurisdiction in the Puget Sound
watershed;
``(H) collect and make available to the public
publications, and other forms of information the
Conference determines to be appropriate, relating to
the environmental quality of Puget Sound; and
``(I) biennially issue a report to Congress that--
``(i) summarizes the progress made in
implementing the Comprehensive Plan;
``(ii) summarizes any modifications to the
Comprehensive Plan in the 12-month period
immediately preceding such report; and
``(iii) incorporates specific
recommendations concerning the implementation
of the Comprehensive Plan.
``(3) Studies and research.--Areas for studies and research
under paragraph (2)(C) shall include--
``(A) population growth and the adequacy of
wastewater treatment facilities and on-site septic
systems;
``(B) the use of physical, chemical, and biological
methods for nutrient removal in sewage treatment
plants;
``(C) contaminated sediments and dredging
activities;
``(D) nonpoint source pollution abatement,
including pollution from stormwater discharges, and
land use activities in the Puget Sound watershed;
``(E) wetland, riparian, and near shore protection
and restoration;
``(F) flood abatement and floodplain restoration
techniques;
``(G) the impacts of forest and agricultural
practices on the health of Puget Sound;
``(H) atmospheric deposition of pollutants into the
Puget Sound watershed;
``(I) water quality requirements to sustain fish,
shellfish, and wildlife populations, and the use of
indicator species to assess environmental quality;
``(J) State water quality programs, for their
adequacy pursuant to implementation of the
Comprehensive Plan;
``(K) options for long-term financing of wastewater
treatment projects and water pollution control
programs;
``(L) water usage and efficiency;
``(M) toxic pollutants; and
``(N) such other areas as the Director considers
appropriate.
``(4) Implementation methods.--The Director may enter into
interagency agreements, make intergovernmental personnel
appointments, and utilize other available methods in carrying
out the Director's duties under this subsection.
``(c) Grants To Implement Comprehensive Plan.--
``(1) In general.--The Administrator may make grants to
eligible recipients for projects and studies that will help
implement the Comprehensive Plan.
``(2) Eligible activities.--Projects and studies eligible
for assistance under this subsection include planning,
research, modeling, construction, monitoring, implementation,
citizen involvement and education, and such other activities as
the Administrator considers appropriate.
``(3) Federal share.--The Federal share of the cost of a
project or study receiving grant assistance under this
subsection shall not exceed 50 percent of the cost of the
project or study.
``(4) Eligible recipient defined.--In this subsection, the
term `eligible recipient' means a State, interstate, tribal,
regional, or local water pollution control agency or other
public or nonprofit private agency, institution, or
organization.
``(d) Grants for Projects To Address Sewage and Stormwater
Discharges.--
``(1) In general.--The Administrator may make grants to
eligible recipients for projects to address sewage and
stormwater discharges into the Puget Sound watershed.
``(2) Eligible projects.--Projects eligible for assistance
under this subsection include demonstration and research
projects that provide treatment for, or that minimize, sewage
or stormwater discharges using one or more approaches,
including decentralized or distributed stormwater controls,
decentralized wastewater treatment, low-impact development
practices, conservation easements, stream buffers, and wetlands
restoration.
``(3) Award of grants.--
``(A) In general.--Subject to subparagraph (B), the
Administrator shall award grants under this subsection
on a competitive basis.
``(B) Distressed communities.--In awarding grants
under this subsection, the Administrator may give
priority to a project located in a distressed
community.
``(4) Federal share.--
``(A) In general.--Subject to subparagraph (B), the
Federal share of the cost of a project receiving grant
assistance under this subsection shall not exceed 75
percent of the cost of the project.
``(B) Distressed communities.--The Federal share of
the cost of a project receiving grant assistance under
this subsection shall not exceed 100 percent of the
cost of the project if the project is located in a
distressed community.
``(5) Definitions.--In this subsection, the following
definitions apply:
``(A) Eligible recipient.--The term `eligible
recipient' means a State, interstate, tribal, regional,
or local water pollution control agency or other public
or nonprofit private agency, institution, or
organization.
``(B) Distressed community.--The term `distressed
community' means a community that meets affordability
criteria established by the State in which the
community is located, if such criteria are developed
after public review and comment.
``(e) Annual Budget Plan.--
``(1) In general.--The President, as part of the annual
budget of the United States Government, shall submit
information regarding each Federal agency involved in Puget
Sound protection and restoration, including--
``(A) an interagency crosscut budget that displays
for each Federal agency--
``(i) amounts obligated in the preceding
fiscal year for protection and restoration
activities relating to Puget Sound;
``(ii) the estimated budget for the current
fiscal year for protection and restoration
activities relating to Puget Sound; and
``(iii) the proposed budget for protection
and restoration activities relating to Puget
Sound; and
``(B) a description of the Federal role in the
Puget Sound Program and the specific role of each
agency involved in Puget Sound protection and
restoration, including specific activities conducted or
planned to achieve the goals of the Comprehensive Plan.
``(2) Coordination with the conference.--In carrying out
this subsection, the President, to the extent practical, shall
coordinate reporting, data collection, and planning activities
with the Conference.
``(f) Authorizations.--There are authorized to be appropriated to
the Administrator to carry out this section such sums as may be
necessary for each of fiscal years 2009 through 2013.''. | Puget Sound Recovery Act of 2008 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to direct the Administrator of the Environmental Protection Agency (EPA) to establish a Puget Sound Program Office, to be located in the state of Washington and headed by a Director who shall assist the management conference convened for Puget Sound in carrying out its goals.
Requires the Director to: (1) assist and support the implementation of the comprehensive conservation and management plan developed by the conference ("Comprehensive Plan"); (2) coordinate the major functions of the federal government related to the implementation of the Comprehensive Plan; (3) carry out studies and research necessary for strengthened implementation of the Comprehensive Plan; (4) coordinate and manage environmental data related to Puget Sound; (5) coordinate the grant, research, and planning programs authorized under this Act; (6) coordinate activities for the protection of Puget Sound and the Georgia Straits with Canadian authorities and responsibilities, including under species recovery plans, through cooperation with other federal agencies that have jurisdiction in the Puget Sound watershed; and (7) collect and make available to the public information relating to the environmental quality of Puget Sound.
Requires a biennial report to Congress on the implementation of the Comprehensive Plan.
Allows the Administrator to make grants for projects and studies that will help implement the Comprehensive Plan and for projects to address sewage and stormwater discharges into the Puget Sound watershed.
Requires the President, as part of the annual budget, to submit information regarding expenditures and roles of each federal agency involved in Puget Sound protection and restoration. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to provide assistance for programs and activities to protect the water quality of Puget Sound, and for other purposes."} | 2,364 | 340 | 0.574143 | 1.791065 | 0.764939 | 4.386581 | 7.194888 | 0.955272 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Scams Prevention Act''.
SEC. 2. SENIOR SCAMS PREVENTION ADVISORY COUNCIL.
(a) Establishment.--There is established a Senior Scams Prevention
Advisory Council (referred to in this Act as the ``Advisory Council'').
(b) Members.--The Advisory Council shall be composed of the
following members or the designees of those members:
(1) The Chairman of the Federal Trade Commission.
(2) The Secretary of the Treasury.
(3) The Attorney General.
(4) The Director of the Bureau of Consumer Financial
Protection.
(5) Not more than 2 representatives from each of the
following sectors, including trade associations, to be selected
by the Chairman of the Federal Trade Commission:
(A) Retail.
(B) Gift card.
(C) Telecommunications.
(D) Wire transfer services.
(E) Senior peer advocates.
(F) Consumer advocacy organization with efforts
focused on preventing seniors from becoming the victims
of scams.
(G) Financial services, including institutions who
engage in digital currency.
(H) Prepaid cards.
(6) Any other Federal, State, or local agency, industry
representative, consumer advocate, or entity, as determined by
the Chairman of the Federal Trade Commission.
(c) Duties.--
(1) In general.--The Advisory Council shall, while
considering public comment--
(A) collect information on the existence, use, and
success of model educational materials and programs for
retailers, financial services and wire transfer
companies, which--
(i) may be used as a guide to educate
employees on how to identify and prevent scams
that affect seniors; and
(ii) include--
(I) useful information for
retailers, financial services, and wire
transfer companies for the purpose
described in clause (i);
(II) training for employees on ways
to identify and prevent senior scams;
(III) the best methods for keeping
employees up to date on current scams;
(IV) the most effective signage and
best placement for signage in retail
locations to warn seniors about
scammers' use of gift cards and wire
transfer services;
(V) suggestions on effective
collaborative community education
campaigns;
(VI) available technology to assist
in identifying possible scams at the
point of sale; and
(VII) other information that would
be helpful to retailers and wire
transfer companies and their employees
as they work to prevent fraud affecting
seniors; and
(B) based on the findings in subparagraph (A)--
(i) identify inadequacies, omissions, or
deficiencies in those educational materials and
programs for the categories listed in
subparagraph (A) and their execution in
reaching employees to protect older adults; and
(ii) create model materials to fill those
inadequacies, omissions, or deficiencies.
(2) Encouraged use.--The Chairman of the Federal Trade
Commission shall, after the public comment period is complete--
(A) make the model educational materials and
programs and information about execution of the
programs described in paragraph (1) publicly available;
and
(B) encourage the use and distribution of the
materials created under this subsection to prevent
scams affecting seniors by governmental agencies and
the private sector.
(d) Reports.--Section 101(c) of the Elder Abuse Prevention and
Prosecution Act (34 U.S.C. 21711(c)) 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 ``; and''; and
(3) by adding at the end the following:
``(E) for the Federal Trade Commission, include
information on--
``(i) the Senior Scams Prevention Advisory
Council's newly created model materials, any
recommendations of the Advisory Council, and
any views or considerations made by members of
the Advisory Council or by public comment that
were not included in the Advisory Council's
model materials or considered an official
recommendation by the Advisory Council;
``(ii) the Senior Scams Prevention Advisory
Council's findings about senior scams
(including information about the ways scams
affect seniors, including the negative effects
on their well-being); and
``(iii) any recommendations on ways
stakeholders can continue to work together to
reduce scams affecting seniors.''.
(e) Termination.--This Act, and the amendments made by this Act,
ceases to be effective on the date that is 5 years after the date of
enactment of this Act. | Senior Scams Prevention Act This bill establishes a Senior Scams Prevention Advisory Council, which shall create model educational materials to educate employees of retailers, financial-services companies, and wire-transfer companies on how to identify and prevent scams that affect seniors. | {"src": "billsum_train", "title": "Senior Scams Prevention Act"} | 1,002 | 99 | 0.57891 | 1.536524 | 0.915567 | 2.878049 | 23.487805 | 0.829268 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Trafficking Fraud Enforcement
Act of 2014''.
SEC. 2. OFFICE FOR TAX LAW ENFORCEMENT RELATING TO HUMAN TRAFFICKING
AND PROMOTION OF COMMERCIAL SEX ACTS.
(a) Establishment.--The Secretary of the Treasury shall establish
an office within the Internal Revenue Service to investigate and
prosecute violations of the internal revenue laws by persons that
appear to be engaged in conduct in violation of any of the provisions
specified in subsection (b).
(b) Certain Criminal Provisions Relating to Human Trafficking and
Promotion of Commercial Sex Acts.--The provisions of law referenced in
this subsection are as follows:
(1) The following provisions of title 18, United States
Code:
(A) Section 1351.
(B) Section 1589.
(C) Section 1590.
(D) Section 1591(a).
(E) Section 1952.
(F) Section 2421.
(G) Section 2422.
(H) Subsection (a), (d), or (e) of section 2423.
(2) Section 1328 of title 8, United States Code.
(3) The laws of any State or territory that prohibit the
promotion of prostitution or of any commercial sex act (as such
term is defined in section 1591(e)(3) of title 18, United
States Code).
(c) Cooperation With Department of Justice.--To the extent
possible, the office established under subsection (a) shall cooperate
with the Child Exploitation and Obscenity Section of the Department of
Justice and the Innocence Lost National Initiative of the Federal
Bureau of Investigation.
(d) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of the Treasury shall report to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate on the enforcement activities of the
office established under subsection (a) and shall include any
recommendations for statutory changes to assist in future prosecutions
pursuant to this section.
(e) Applicability of Whistleblower Awards to Victims of Human
Trafficking.--For purposes of making an award under paragraph (1) or
(2) of section 7623(b) of the Internal Revenue Code of 1986 with
respect to information provided by victims of any person convicted of
violating any of the provisions specified in subsection (b), the
determination of whether such person is described in such paragraph
shall be made without regard to paragraph (3) of section 7623(b) of
such Code.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated not
more than $4,000,000 for fiscal year 2015 to carry out
subsection (a).
(2) Additional funding for administration of office.--
Unless specifically appropriated otherwise, there is authorized
to be appropriated and is appropriated to the office
established under subsection (a) for fiscal years 2015 and 2016
for the administration of such office an amount equal to the
sum of--
(A) the amount of any tax under chapter 1 of the
Internal Revenue Code of 1986 (including any interest)
collected during such fiscal years as the result of the
actions of such office, plus
(B) the amount of any civil or criminal monetary
penalties imposed under such Code relating to such tax
and so collected.
Amounts not expended under the preceding sentence shall be
transferred to and deposited in the Crime Victims Fund in the
Treasury (42 U.S.C. 10601).
SEC. 3. INCREASE IN CRIMINAL MONETARY PENALTIES.
(a) Attempt To Evade or Defeat Tax.--Section 7201 of the Internal
Revenue Code of 1986 (relating to attempt to evade or defeat tax) is
amended--
(1) by striking ``Any person'' and inserting the following:
``(a) In General.--Any person'', and
(2) by adding at the end the following new subsection:
``(b) Attempt To Evade or Defeat Tax Attributable to Human
Trafficking and Commercial Sex Acts.--
``(1) In general.--In the case of any attempt to evade or
defeat any tax attributable to income derived from an act
described in paragraph (2), subsection (a) shall be applied--
``(A) by substituting `$500,000 ($1,000,000' for
`$100,000 ($500,000', and
``(B) by substituting `10 years' for `5 years'.
``(2) Human trafficking and commercial sex acts.--For
purposes of paragraph (1), an act described in this paragraph
is any act which is a violation of any of the provisions
specified in section 2(b) of the Human Trafficking Fraud
Enforcement Act of 2014.''.
(b) Willful Failure To File Return, Supply Information, or Pay
Tax.--
(1) General increase in monetary penalty.--Section 7203 of
the Internal Revenue Code of 1986 (relating to willful failure
to file return, supply information, or pay tax) is amended by
striking ``$25,000'' and inserting ``$50,000''.
(2) Increase in penalties for failure to file with respect
to tax attributable to human trafficking and commercial sex
acts.--
(A) In general.--Section 7203 of the Internal
Revenue Code of 1986 (relating to willful failure to
file return, supply information, or pay tax), as
amended by paragraph (1), is amended by striking ``Any
person'' in the first sentence and inserting the
following:
``(a) In General.--Any person'', and
(B) by adding at the end the following new
subsection:
``(b) Failure To File With Respect to Tax Attributable to Human
Trafficking and Commercial Sex Acts.--In the case of any failure with
respect to any tax attributable to income derived from an act described
in paragraph (2) of section 7201(b), the first sentence of subsection
(a) shall be applied by substituting--
``(1) `felony' for `misdemeanor',
``(2) `$500,000 ($1,000,000' for `$50,000 ($100,000', and
``(3) `10 years' for `1 year'.''.
(3) Conforming amendment.--The third sentence of section
7203(a) of the Internal Revenue Code of 1986 (as amended by
paragraph (1)) is amended by striking ``this section'' and
inserting ``this subsection''.
(c) Fraud and False Statements.--Section 7206 of the Internal
Revenue Code of 1986 (relating to fraud and false statements) is
amended--
(1) by striking ``Any person'' and inserting the following:
``(a) In General.--Any person'', and
(2) by adding at the end the following new subsection:
``(b) Fraud and False Statements With Respect to Tax Attributable
to Human Trafficking and Commercial Sex Acts.--In the case of any
violation of subsection (a) relating to any tax attributable to income
derived from an act described in paragraph (2) of section 7201(b),
subsection (a) shall be applied--
``(1) by substituting `$500,000 ($1,000,000' for `$100,000
($500,000', and
``(2) by substituting `5 years' for `3 years'.''.
(d) Penalties May Be Applied in Addition to Other Penalties.--
Section 7204 of the Internal Revenue Code of 1986 (relating to
fraudulent statement or failure to make statement to employees) is
amended by striking ``the penalty provided in section 6674'' and
inserting ``the penalties provided in sections 6674, 7201, and 7203''.
(e) Increase in Monetary Limitation for Underpayment or Overpayment
of Tax Due to Fraud.--Section 7206 of the Internal Revenue Code of 1986
(relating to fraud and false statements), as amended by subsection (c),
is amended by adding at the end the following new subsection:
``(c) Increase in Monetary Limitation for Underpayment or
Overpayment of Tax Due to Fraud.--If any portion of any underpayment
(as defined in section 6664(a)) or overpayment (as defined in section
6401(a)) of tax required to be shown on a return is attributable to
fraudulent action described in subsection (a), the applicable dollar
amount under subsection (a) shall in no event be less than an amount
equal to such portion. A rule similar to the rule under section 6663(b)
shall apply for purposes of determining the portion so attributable.''.
(f) Moneys Available To Assist Victims of Crime.--There are hereby
appropriated to the Crime Victims Fund (42 U.S.C. 10601) amounts
equivalent to the increase in receipts to the Treasury by reason of the
amendments made by this section. Such amounts shall be available for
victim assistance grants under the Victims of Crime Act of 1984,
including crisis intervention, emergency shelter and transportation,
counseling, and criminal justice advocacy to victims of crime.
(g) Effective Date.--The amendments made by this section shall
apply to actions, and failures to act, occurring after the date of the
enactment of this Act. | Human Trafficking Fraud Enforcement Act of 2014 - Directs the Secretary of the Treasury to establish within the Internal Revenue Service (IRS) an office to investigate and prosecute violations of internal revenue laws by persons that appear to be engaged in violations of specified federal laws prohibiting forced labor, trafficking of individuals, and transportation of minors or aliens for immoral purposes and of state or territorial laws prohibiting the promotion of prostitution or of any commercial sex act. Directs such office to cooperate with the Child Exploitation and Obscenity Section of the Department of Justice (DOJ) and the Innocence Lost National Initiative of the Federal Bureau of Investigation (FBI). Allow victims of human trafficking crimes to claim awards allowed for whistleblowing. Amends the Internal Revenue Code to increase civil and criminal penalties for tax evasion attributable to income derived from human trafficking and commercial sex acts. Makes it a felony to fail to file a tax return including income derived from human trafficking or commercial sex acts. Appropriates to the Crime Victims Fund additional funds equal to the increase in receipts from increased civil and criminal penalties provided by this Act. | {"src": "billsum_train", "title": "Human Trafficking Fraud Enforcement Act of 2014"} | 2,084 | 264 | 0.58362 | 1.677527 | 0.883266 | 3.092233 | 9 | 0.849515 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mortgage Foreclosure Rescue and Loan
Modification Services Fraud Prevention Act of 2009''.
SEC. 2. FTC RULEMAKING AUTHORITY MORTGAGE FORECLOSURE RESCUE AND LOAN
MODIFICATION SERVICES.
(a) Rulemaking.--
(1) In general.--The Federal Trade Commission shall conduct
a rulemaking proceeding, beginning no later than 90 days after
the date of the enactment of this Act, with respect to mortgage
foreclosure rescue and loan modification services, in
accordance with section 553 of title 5, United States Code. The
rulemaking shall include the requirements set forth in
paragraph (4) below.
(2) Exclusion.--A rule described in paragraph (1) shall not
apply to an entity that is not subject to enforcement by the
Commission under the Federal Trade Commission Act.
(3) Enforcement.--
(A) Violations.--Any violation of a rule prescribed
under this subsection shall be treated as a violation
of a rule under section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a) regarding unfair or
deceptive acts or practices.
(B) Powers and manner of enforcement.--The Federal
Trade Commission shall enforce any rule prescribed
under this subsection 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 were incorporated into
and made part of this section.
(4) Rule requirements.--The Federal Trade Commission shall
include in the rule prescribed under this subsection the
following:
(A) A requirement that any mortgage foreclosure
rescue or loan modification service provided to a
homeowner related to the foreclosure of residential
real property contain a written contract that contains
clear and prominent disclosures regarding the nature of
the contract, the services to be provided and results
to be achieved, and the total amount and terms of
compensation.
(B) A requirement that any contract referred to in
subparagraph (A) contain a clearly and prominently
disclosed right for the homeowner to cancel within a
set number of business days as determined by the
Federal Trade Commission with no penalty or obligation.
(C) A requirement that prohibits or restricts
mortgage foreclosure rescue and loan modification
services from requesting or receiving any funds until
any such services have been fully performed and results
have been achieved and the services and results have
been documented to the consumer.
(D) Other prohibitions or restrictions on mortgage
foreclosure rescue and loan modification services that
are unfair or deceptive acts or practices.
(5) Exemption.--The Commission shall have the authority to
exempt entities from the requirements of the rule that it
issues to implement this Act, if it determines that the
inclusion of such entities in the rule is not necessary to
prevent or deter consumer injury.
(6) No preemption.--No rule prescribed under this
subsection may be construed as preempting any provision of the
law of any State.
(b) Enforcement by State Attorneys General.--
(1) In general.--Except as provided in paragraph (6), in
any case in which the attorney general of a State has reason to
believe that an interest of the residents of that State has
been or is threatened or adversely affected by the engagement
of any person in a practice that violates a rule prescribed
under subsection (a), the State, as parens patriae, may bring a
civil action on behalf of the residents of the State in an
appropriate district court of the United States or other court
of competent jurisdiction to--
(A) enjoin that practice;
(B) enforce compliance with the rule;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State;
(D) obtain penalties provided for under subsection
(a); and
(E) obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--
(A) Notice to commission.--The State shall serve
written notice to the Commission of any civil action
under paragraph (1) at least 60 days prior to
initiating such civil action.
(B) Copy of complaint.--The notice served under
subparagraph (A) shall include a copy of the complaint
to be filed to initiate such civil action, except that
if it is not feasible for the State to provide such
prior notice, the State shall provide notice
immediately upon instituting such civil action.
(3) Intervention by ftc.--Upon receiving the notice
required by paragraph (2), the Commission may intervene in such
civil action and upon intervening--
(A) be heard on all matters arising in such civil
action;
(B) remove the action to the appropriate United
States district court; and
(C) file petitions for appeal of a decision in such
civil action.
(4) Savings clause.--No provision of this section shall be
construed as--
(A) preventing the attorney general of a State from
exercising the powers conferred on the attorney general
by the laws of such State to conduct investigations or
to administer oaths or affirmations or to compel the
attendance of witnesses or the production of
documentary and other evidence; or
(B) prohibiting the attorney general of a State, or
other authorized State officer, from proceeding in
State or Federal court on the basis of an alleged
violation of any civil or criminal statute of that
State.
(5) Venue; service of process; joinder.--In a civil action
brought under paragraph (1)--
(A) the venue shall be a judicial district in which
the defendant or a related party is found, is an
inhabitant, or transacts business, or wherever venue is
proper under section 1391 of title 28, United States
Code;
(B) process may be served without regard to the
territorial limits of the district or of the State in
which the civil action is instituted; and
(C) a person who participated with the defendant or
a related party in an alleged violation that is being
litigated in the civil action may be joined in the
civil action without regard to the residence of the
person.
(6) Preemptive action by ftc.--Whenever a civil action or
an administrative action has been instituted by or on behalf of
the Commission for violation of any rule described under
paragraph (1), no State may, during the pendency of such action
instituted by or on behalf of the Commission, institute a civil
action under paragraph (1) against any defendant named in the
complaint in such action for violation of any rule as alleged
in such complaint.
(7) Award of costs and fees.--If the attorney general of a
State prevails in any civil action under paragraph (1), the
State may recover reasonable costs and attorney fees from the
defendant or a related party. | Mortgage Foreclosure Rescue and Loan Modification Services Fraud Prevention Act of 2009 - Directs the Federal Trade Commission (FTC) to conduct a rulemaking proceeding with respect to mortgage foreclosure rescue and loan modification services.
Directs the FTC to include in the rule, among other things, requirements that: (1) any residential real property mortgage foreclosure rescue or loan modification service provided to a homeowner contain a written contract meeting specified criteria; (2) any such contract contain a clearly and prominently disclosed right for the homeowner to cancel within a set number of business days with no penalty or obligation; and (3) prohibits or restricts mortgage foreclosure rescue and loan modification services from requesting or receiving any funds until any such services have been fully performed, results have been achieved, and both have been documented to the consumer. | {"src": "billsum_train", "title": "To require the Federal Trade Commission to conduct a rulemaking proceeding with respect to mortgage foreclosure rescue and loan modification services, and for other purposes."} | 1,448 | 168 | 0.668665 | 1.984964 | 0.784483 | 4.279221 | 8.941558 | 0.941558 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community College to Career Fund
Act''.
SEC. 2. COMMUNITY COLLEGE TO CAREER FUND.
(a) In General.--Title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3111 et seq.) is amended by adding at the
end the following:
``Subtitle F--Community College to Career Fund
``SEC. 199. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIPS PROGRAM.
``(a) Grants Authorized.--Not later than the end of the first full
fiscal year after the date of enactment of the Community College to
Career Fund Act, from funds appropriated under section 199A, the
Secretary of Labor (in coordination with the Secretary of Education and
the Secretary of Commerce) shall award competitive grants to eligible
entities described in subsection (b) for the purpose of developing,
offering, improving, and providing educational or career training
programs for workers. The grants shall be awarded for periods of 3
years.
``(b) Eligible Entity.--
``(1) Partnerships with employers or an employer or
industry partnership.--
``(A) General definition.--For purposes of this
section, an `eligible entity' means any of the entities
described in subparagraph (B) (or a consortium of any
of such entities) in partnership with employers or an
employer or industry partnership representing multiple
employers.
``(B) Description of entities.--The entities
described in this subparagraph are--
``(i) a community college;
``(ii) a 4-year public institution of
higher education (as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C.
1001(a))) that offers 2-year degrees, and that
will use funds provided under this section for
activities at the certificate and associate
degree levels;
``(iii) a Tribal College or University (as
defined in section 316(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b))); or
``(iv) a public or private nonprofit, 2-
year institution of higher education (as
defined in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002)) in the
Commonwealth of Puerto Rico, Guam, the United
States Virgin Islands, American Samoa, the
Commonwealth of the Northern Mariana Islands,
the Republic of the Marshall Islands, the
Federated States of Micronesia, or the Republic
of Palau.
``(2) Additional partners.--
``(A) Authorization of additional partners.--In
addition to partnering with employers or an employer or
industry partnership representing multiple employers as
described in paragraph (1)(A), an entity described in
paragraph (1) may include in the partnership described
in paragraph (1) one or more of the organizations
described in subparagraph (B). Each eligible entity
that includes one or more such organizations shall
collaborate with the State or local board in the area
served by the eligible entity.
``(B) Organizations.--The organizations described
in this subparagraph are as follows:
``(i) A provider of adult education (as
defined in section 203) or an institution of
higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C.
1001)).
``(ii) A community-based organization.
``(iii) A joint labor-management
partnership.
``(iv) A State board.
``(v) An elementary school or secondary
school, as defined in section 8101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(vi) Any other organization that the
Secretaries consider appropriate.
``(c) Educational or Career Training Program.--For purposes of this
section, the Governor of the State in which at least one of the
entities described in subsection (b)(1)(B) of an eligible entity is
located shall establish criteria for an educational or career training
program leading to a recognized postsecondary credential for which an
eligible entity submits a grant proposal under subsection (d).
``(d) Application.--An eligible entity seeking a grant under this
section shall submit an application containing a grant proposal, for an
educational or career training program leading to a recognized
postsecondary credential, to the Secretaries at such time and
containing such information as the Secretaries determine is required,
including--
``(1) a detailed description of--
``(A) the extent to which the educational or career
training program described in the grant proposal fits
within an overall strategic plan consisting of--
``(i) the State plan described in section
102 or 103, for the State involved;
``(ii) the local plan described in section
108, for each local area that comprises a
significant portion of the area to be served by
the eligible entity; and
``(iii) a strategic plan developed by the
eligible entity;
``(B) the extent to which the program will meet the
needs of employers in the area for skilled workers in
in-demand industry sectors and occupations;
``(C) the extent to which the program will meet the
educational or career training needs of workers in the
area;
``(D) the specific educational or career training
program and how the program meets the criteria
established under subsection (e), including the manner
in which the grant will be used to develop, offer,
improve, and provide the educational or career training
program;
``(E) any previous experience of the eligible
entity in providing educational or career training
programs, the absence of which shall not automatically
disqualify an eligible institution from receiving a
grant under this section; and
``(F) how the program leading to the credential
meets the criteria described in subsection (c); and
``(2) a detailed plan on how the entity will ensure that
the program will meet the performance measures described in
subsection (g), and an assurance that the entity will annually
submit to the Secretary information on the performance of the
program on the performance measures described in subsection
(g).
``(e) Criteria for Award.--
``(1) In general.--Grants under this section shall be
awarded based on criteria established by the Secretaries, that
include the following:
``(A) A determination of the merits of the grant
proposal submitted by the eligible entity involved to
develop, offer, improve, and provide an educational or
career training program to be made available to
workers.
``(B) An assessment of the likely employment
opportunities available in the area to individuals who
complete an educational or career training program that
the eligible entity proposes to develop, offer,
improve, and provide.
``(C) An assessment of prior demand for training
programs by individuals eligible for training and
served by the eligible entity, as well as availability
and capacity of existing (as of the date of the
assessment) training programs to meet future demand for
training programs.
``(2) Priority.--In awarding grants under this section, the
Secretaries shall give priority to eligible entities that--
``(A) include a partnership, with employers or an
employer or industry partnership, that--
``(i) pays a portion of the costs of
educational or career training programs; or
``(ii) agrees to hire individuals who have
attained a recognized postsecondary credential
resulting from the educational or career
training program of the eligible entity;
``(B) enter into a partnership with a labor
organization or labor-management training program to
provide, through the program, technical expertise for
occupationally specific education necessary for a
recognized postsecondary credential leading to a
skilled occupation in an in-demand industry sector;
``(C) are focused on serving individuals with
barriers to employment, students who are veterans,
spouses of member of the Armed Forces, incumbent
workers who are low-skilled and who need to increase
their work-related skills;
``(D) include any eligible entities serving areas
with high unemployment rates; and
``(E) are eligible entities that include an
institution of higher education eligible for assistance
under title III or V of the Higher Education Act of
1965 (20 U.S.C. 1051 et seq.; 20 U.S.C. 1101 et seq.).
``(f) Use of Funds.--Grant funds awarded under this section shall
be used for one or more of the following:
``(1) The development, offering, improvement, and provision
of educational or career training programs, that provide
relevant job training for skilled occupations, that lead to
recognized postsecondary credentials, that will meet the needs
of employers in in-demand industry sectors, and that may
include registered apprenticeship programs, on-the-job training
programs, and programs that support employers in upgrading the
skills of their workforce.
``(2) The development and implementation of policies and
programs to expand opportunities for students to earn a
recognized postsecondary credential, including a degree, in in-
demand industry sectors and occupations, including by--
``(A) facilitating the transfer of academic credits
between institutions of higher education, including the
transfer of academic credits for courses in the same
field of study;
``(B) expanding articulation agreements and
policies that guarantee transfers between such
institutions, including through common course numbering
and use of a general core curriculum;
``(C) developing or enhancing student support
services programs; and
``(D) establishing policies and processes for
assessing and awarding course credit for work-related
learning.
``(3) The creation of career pathway programs that provide
a sequence of education and occupational training that leads to
a recognized postsecondary credential, including a degree,
including programs that--
``(A) blend basic skills and occupational training;
``(B) facilitate means of transitioning
participants from non-credit occupational, basic
skills, or developmental coursework to for-credit
coursework within and across institutions;
``(C) build or enhance linkages, including the
development of dual enrollment programs and early
college high schools, between secondary education or
adult education programs (including programs
established under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.) and title II of this Act);
``(D) are innovative programs designed to increase
the provision of training for students, including
students who are members of the National Guard or
Reserves, to enter skilled occupations in in-demand
industry sectors;
``(E) support paid internships that will allow
students to simultaneously earn credit for work-based
learning and gain relevant employment experience in an
in-demand industry sector or occupation, which shall
include opportunities that transition individuals into
employment; and
``(F) develop competency-based education programs
that offer an outcome-oriented approach through which
recognized postsecondary credentials are awarded based
on successful demonstration of skills and proficiency.
``(4) The development and implementation of--
``(A) a Pay-for-Performance program that leads to a
recognized postsecondary credential, for which an
eligible entity agrees to be reimbursed under the grant
primarily on the basis of achievement of specified
performance outcomes and criteria agreed to by the
Secretary; or
``(B) a Pay-for-Success program that leads to a
recognized postsecondary credential, for which an
eligible entity--
``(i) enters into a partnership with an
investor, such as a philanthropic organization
that provides funding for a specific project to
address a clear and measurable educational or
career training need in the area to be served
under the grant; and
``(ii) agrees to be reimbursed under the
grant only if the project achieves specified
performance outcomes and criteria agreed to by
the Secretary.
``(g) Performance Measures.--
``(1) In general.--The Secretary shall establish
performance measures for the programs carried out under this
section.
``(2) Measures.--The performance measures shall consist
of--
``(A) indicators of performance, including the
number of program participants who are in unsubsidized
employment during the second quarter after exit from
the program; and
``(B) a level of performance for each indicator
described in subparagraph (A).
``(3) Monitoring progress.--The Secretary shall monitor the
progress of eligible entities that receive grants under this
section in ensuring that their programs meet the performance
measures.
``SEC. 199A. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated such
sums as may be necessary to carry out the program established by
section 199. Funds appropriated under this subsection shall remain
available until the end of the 5th full fiscal year after the date of
enactment of the Community College to Career Fund Act.
``(b) Administrative Cost.--Not more than 5 percent of the amounts
made available under subsection (a) may be used by the Secretaries for
Federal administration the program described in that subsection,
including providing technical assistance and carrying out evaluations
for the program described in that subsection.
``(c) Period of Availability.--The funds appropriated pursuant to
subsection (a) for a fiscal year shall be available for Federal
obligation for that fiscal year and the succeeding 4 fiscal years.
``SEC. 199B. DEFINITIONS.
``For purposes of this subtitle:
``(1) Community college.--The term `community college' has
the meaning given the term `junior or community college' in
section 312(f) of the Higher Education Act of 1965 (20 U.S.C.
1058(f)).
``(2) Educational or career training program.--The term
`educational or career training program' means--
``(A) a career pathway program, as defined in
section 3; or
``(B) a program with an integrated education and
training approach, as defined in section 203.''.
(b) Conforming Amendment.--The table of contents for the Workforce
Innovation and Opportunity Act is amended by inserting after the items
relating to subtitle E of title I the following:
``Subtitle F--Community College to Career Fund
``Sec. 199. Community college and industry partnerships program.
``Sec. 199A. Authorization of appropriations.
``Sec. 199B. Definition.''.
(c) Effective Date.--This Act, including the amendments made by
this Act, takes effect as if included in the Workforce Innovation and
Opportunity Act. | Community College to Career Fund Act This bill amends the Workforce Innovation and Opportunity Act to direct the Department of Labor to award competitive grants to eligible community colleges, four-year public institutions of higher education, tribal colleges or universities, public or private nonprofit two-year institutions of higher education in specified U.S. territories, or a consortium of any of them, in partnership with employers or an employer or industry partnership representing multiple employers, in order to develop, offer, improve, and provide educational or career training programs for workers. The governor of the state in which at least one of these entities is located shall establish criteria for an educational or career training program leading to a recognized postsecondary credential for which an eligible entity submits a grant proposal. | {"src": "billsum_train", "title": "Community College to Career Fund Act"} | 3,209 | 155 | 0.5875 | 1.730157 | 0.823477 | 4.774648 | 21.359155 | 0.901408 |
SECTION 1. HOPE AND LIFETIME LEARNING CREDITS TO BE REFUNDABLE.
(a) Credit To Be Refundable.--Section 25A of the Internal Revenue
Code of 1986 (relating to Hope and Lifetime Learning credits) is hereby
moved to subpart C of part IV of subchapter A of chapter 1 of such Code
(relating to refundable credits) and inserted after section 34.
(b) Technical Amendments.--
(1) Section 35 of such Code is redesignated as section 36.
(2) Section 25A of such Code (as moved by subsection (a))
is redesignated as section 35.
(3) Paragraph (1) of section 35(a) of such Code (as
redesignated by paragraph (2)) is amended by striking ``this
chapter'' and inserting ``this subtitle''.
(4) Subparagraph (B) of section 72(t)(7) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting
``section 35(g)(2)''.
(5) Subparagraph (A) of section 135(d)(2) of such Code is
amended by striking ``section 25A'' and inserting ``section
35''.
(6) Section 221(e) of such Code is amended--
(A) in paragraph (2)(B), by striking ``section
25A(g)(2)'' and inserting ``section 35(g)(2)'' and by
striking ``section 25A(f)(2)'' and inserting ``section
35(f)(2)'', and
(B) in paragraph (3), by striking ``section
25A(b)(3)'' and inserting ``section 35(b)(3)''.
(7) Clause (i) of section 529(e)(3)(B) of such Code is
amended by striking ``section 25A(b)(3)'' and inserting
``section 35(b)(3)''.
(8) Subparagraph (A) of section 530(b)(2) is amended by
striking ``section 25A(g)(2)'' and inserting ``section
35(g)(2)''.
(9) Clause (iii) of section 530(d)(4)(B) is amended by
striking ``section 25A(g)(2)'' and inserting ``section
35(g)(2)''.
(10) Subsection (e) of section 6050S is amended by striking
``section 25A'' and inserting ``section 35''.
(11) Subparagraph (J) of section 6213(g)(2) is amended by
striking ``section 25A(g)(1)'' and inserting ``section
35(g)(1)''.
(12) 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''.
(13) 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:
``Sec. 35. Hope and Lifetime Learning
credits.
``Sec. 36. Overpayments of tax.''
(14) The table of sections for subpart A of such part IV is
amended by striking the item relating to section 25A.
(c) Effective Date.--The amendments made by this subsection shall
apply to taxable years beginning after December 31, 2001.
SEC. 2. USE OF REFUNDS OF HOPE AND LIFETIME LEARNING CREDITS AS
COLLATERAL FOR SHORT-TERM STUDENT LOANS.
(a) In General.--Section 35 of the Internal Revenue Code of 1986
(as redesignated by section 1) is amended by redesignating subsection
(i) as subsection (j) and by inserting after subsection (h) the
following new section:
``(i) Tuition Tax Credit Assignment Loans.--
``(1) In general.--Any eligible educational institution may
provide to a taxpayer described in paragraph (3) a tuition tax
credit assignment loan.
``(2) Tuition tax credit assignment loan.--For purposes of
this subsection, the term `tuition tax credit assignment loan'
means a loan provided to the taxpayer by the eligible
educational institution in return for which the taxpayer agrees
to authorize the Internal Revenue Service to disburse the loan
amount directly to the lender out of the next refund due to the
taxpayer that is attributable to a credit under this section.
``(3) Taxpayers eligible for loan.--A taxpayer is eligible
for a loan under this subsection if the taxpayer is either--
``(A) an eligible student for whom a Hope
Scholarship Credit under subsection (a)(1) is allowed,
or
``(B) a taxpayer for whom a Lifetime Learning
Credit is allowed.
``(4) Maximum amount of loan.--The amount of a loan
provided under this subsection may not exceed--
``(A) $1,000, or
``(B) in the case of a first-year or second-year
student, $1,500.
``(5) Loan origination fee may be charged.--An eligible
educational institution providing a tuition tax credit
assignment loan may charge the taxpayer a loan origination fee
of up to 5 percent of the loan amount, but may not charge
interest on the loan amount.
``(6) 3-year time limit on use of credit refund as
collateral.--If a taxpayer who has obtained a tuition tax
credit assignment loan has not received a refund attributable
to a credit under this section within three years after
receiving the loan, then the loan will become due and payable
in accordance with the terms of the loan agreement.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to credits claimed in taxable years beginning after
December 31, 2001. | Amends the Internal Revenue Code to: (1) move the Hope and Lifetime Learning credits from subpart A (Nonrefundable Personal Credits) to subpart C (Refundable Credits); and (2) permit the use of a future refund of such credits as collateral for short-term student loans. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to make the Hope and Lifetime Learning Credits refundable, and to allow taxpayers to obtain short-term student loans by using the future refund of such credits as collateral for the loans."} | 1,306 | 64 | 0.530636 | 1.379324 | 0.368536 | 3.053571 | 19.982143 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Computers for Veterans and Students
Act of 2018'' or the ``COVS Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Access to computers and computer technology are
indispensable for success in the 21st century. Millions of
Americans do not regularly use a computer and research shows
that substantial disparities remain in both internet use and
the quality of access with the digital divide concentrated
among older, less educated, less affluent populations,
especially veterans, low-income students, and senior citizens.
(2) In 1996, the President issued Executive Order 12999
instructing the General Services Administration (GSA) to allow
schools and nonprofits the ability to receive Federal surplus
computers for educational purposes.
(3) GSA created the Computers for Learning Program, which
distributes approximately 30,000 computers and computer-related
equipment annually to public schools and nonprofits for reuse.
(4) As a Federal program, Computers for Learning has lagged
in fulfilling its mission just as the need for computer access
for basic services and education has skyrocketed.
(5) Computers for Learning has failed on three fronts
through waste (computers going to schools and nonprofits that
are not equipped to refurbish them), abuse (multiple cases of
theft or fraud in recent years), and inefficiency (schools and
nonprofits that lack the capacity to refurbish on a regional or
national scale).
(6) Computers for Learning would benefit from increased
coordination by working directly with certified nonprofit
computer refurbishers, the majority of which are allied
together under the Alliance for Technology Reuse and
Refurbishing (AFTRR).
(7) AFTRR members collectively refurbish and put over
90,000 computers back into the community annually from public
and privately donated equipment, closing the digital divide and
diverting millions of pounds of potential e-waste from
landfills.
(8) Each AFTRR member has ``bridging the digital divide''
at the core of their respective missions. Collectively, they
have decades of experience, capacity, and knowledge in not only
refurbishing computers, but also, distributing them to people
in need, with many providing low-cost internet access and
digital literacy training. AFTRR members have led the Nation in
bridging the digital divide for years, and in some cases,
decades.
SEC. 3. TRANSFER OF CERTAIN SURPLUS COMPUTERS AND TECHNOLOGY EQUIPMENT
TO NONPROFIT COMPUTER REFURBISHERS.
(a) In General.--The head of a Federal agency, through the
Administrator of General Services, shall offer to transfer any surplus
computer or technology equipment that is not being used internally by
the Federal agency, or has not been requested for use by another
Federal agency, to a nonprofit computer refurbisher for repair and
distribution to an educational institution, a veteran, an individual
with a disability, a low-income individual, a student, or a senior in
need (as determined by the nonprofit computer refurbisher).
(b) Collaboration With Alliance for Technology Refurbishing and
Reuse.--In carrying out subsection (a), the Administrator of General
Services shall work directly with the Alliance for Technology
Refurbishing and Reuse to establish a process through which surplus
computers and technology equipment will be transferred to nonprofit
computer refurbishers. Such process shall be established not later than
60 days after the date of the enactment of this Act.
(c) Return of Certain Computers and Equipment.--In the case in
which the Administrator of General Services is not able to transfer a
surplus computer or technology equipment to a nonprofit computer
refurbisher within 30 days after offering to transfer such computer or
equipment, the head of the Federal agency on whose behalf the
Administrator of General Services acted shall dispose of such computer
or equipment in accordance with the procedures of such agency regarding
the disposal of Federal electronic assets.
(d) Duties of Nonprofit Computer Refurbishers.--
(1) Training programs.--Each nonprofit computer refurbisher
to whom the Administrator of General Services transfers a
surplus computer or technology equipment under subsection (a)
shall offer training programs for educational institutions,
veterans, individuals with disabilities, low-income
individuals, students, and seniors in need on the use of
computers and technology equipment.
(2) Legal compliance.--Each nonprofit computer refurbisher
to whom the Administrator of General Services transfers a
surplus computer or technology equipment under subsection (a)
shall comply with any Federal, State, or local law relating to
the disposition of e-waste.
(3) Annual reports to aftrr.--Each nonprofit computer
refurbisher to whom the Administrator of General Services
transfers a surplus computer or technology equipment under
subsection (a) shall submit an annual report to the Alliance
for Technology Refurbishing and Reuse on any surplus computer
or technology equipment repaired or distributed by such
refurbisher.
(e) Prohibition Against Tracking and Time Limits.--Due to the
unique condition of each surplus computer or technology equipment, the
Administrator of General Services may not require a nonprofit computer
refurbisher to repair and distribute any surplus computer or technology
equipment within a specific timeframe.
(f) Definitions.--In this section:
(1) Educational institution.--The term ``educational
institution'' means--
(A) any public or private child care center,
preschool, elementary school, secondary school, or
accredited institution of vocational, professional, or
higher education; and
(B) in the case of an accredited institution of
vocational, professional, or higher education composed
of more than one school, college, or department that is
administratively a separate unit, each such school,
college, or department.
(2) Nonprofit computer refurbisher.--The term ``nonprofit
computer refurbisher'' means a nonprofit organization--
(A) whose primary mission and activity is to bridge
the digital divide;
(B) that is exempt from taxation under section 501
of the Internal Revenue Code of 1986; and
(C) that is a member of the Alliance for Technology
Refurbishing and Reuse.
(3) Senior.--The term ``senior'' means any individual who
is 65 years of age or older.
(4) Student.--The term ``student'' means any individual
enrolled in an educational institution, excluding a public or
private child care center.
(5) Technology equipment.--The term ``technology
equipment'' means physical assets related to computers and
information technology, including peripheral components,
tablets, communication devices (such as routers, servers, and
cell phones), printers, scanners, uninterruptible power
sources, and cables and connections.
(6) Veteran.--The term ``veteran'' has the meaning given
that term in section 101 of title 38, United States Code. | Computers for Veterans and Students Act of 2018 or the COVS Act This bill directs federal agencies to offer, through the General Services Administration (GSA), to transfer surplus computers and technology equipment to nonprofit computer refurbishers for repair and distribution to educational institutions, veterans, disabled individuals, low-income individuals, students, and seniors in need. Each nonprofit computer refurbisher to whom the GSA transfers a surplus computer or technology equipment must offer training programs for such an institution or individual on how to use the computer or equipment. The bill prohibits the GSA from requiring that a nonprofit computer refurbisher repair and distribute any surplus computer or technology equipment within a specific period of time. | {"src": "billsum_train", "title": "Computers for Veterans and Students Act of 2018"} | 1,468 | 141 | 0.559462 | 1.784889 | 0.699715 | 3.465116 | 10.457364 | 0.906977 |
SECTION 1. REDUCTION LIMITATION AMOUNT FOR MULTICANDIDATE POLITICAL
COMMITTEE CONTRIBUTIONS TO CANDIDATES.
Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)(2)(A)) is amended by striking out ``$5,000'' and
inserting in lieu thereof ``$2,500''.
SEC. 2. PERCENTAGE LIMITATION ON CONTRIBUTIONS FROM MULTICANDIDATE
POLITICAL COMMITTEES.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended by adding at the end the following new subsection:
``(i) A candidate for the office of Representative in, or Delegate
or Resident Commissioner to, the Congress may not, with respect to a
reporting period for an election, accept contributions from
multicandidate political committees totaling in excess of 50 percent of
all contributions accepted by the candidate with respect to the
reporting period.''.
SEC. 3. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS
FROM PERSONS OTHER THAN IN-STATE RESIDENTS.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), as amended by section 2, is further amended by adding at the end
the following new subsection:
``(j)(1) A candidate for the office of Representative in, or
Delegate or Resident Commissioner to, the Congress may not, with
respect to a reporting period for an election, accept contributions
from persons other than in-State residents totaling in excess of 50
percent of all contributions accepted by the candidate with respect to
the reporting period.
``(2) As used in this subsection, the term `in-State resident'
means a resident of the State in which the congressional district
involved is located.''.
SEC. 4. ELIMINATION OF LIMITATIONS ON CONTRIBUTIONS TO CANDIDATES WHOSE
OPPONENTS USE LARGE AMOUNTS OF PERSONAL FUNDS.
(a) In General.--Section 315 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a), as amended by sections 2 and 3, is further
amended by adding at the end the following new subsection:
``(k) Each candidate in an election for the office of Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress shall declare by September 1 of an election year if it is the
intention of the candidate to make expenditures of $100,000 or more
from the personal funds of the candidate. If a candidate declares or
makes expenditures of $100,000 or more from personal funds, then, with
respect to any opponent of the candidate who so uses personal funds and
the candidate who so uses personal funds, the limitation under
subsection (a)(2)(A) shall be deemed to be $5,000 and the limitations
under subsections (i) and (j) shall not apply.''.
(b) Notification.--Section 304(a)(6) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)(6)) is amended by adding at the
end the following new subparagraph:
``(C)(i) If expenditures of personal funds aggregate a total of
$100,000 or more, the principal campaign committee of a candidate shall
notify the Commission in writing by telegram, facsimile, or other
written electronic means.
``(ii) The notification requirement under clause (i) shall be made
not later than 24 hours after the expenditure is made.
``(iii) The Commission shall notify all other candidates of the
expenditure immediately upon receipt of notification under clause
(i).''.
SEC. 5. PROHIBITION OF LEADERSHIP COMMITTEES; RESTRICTION ON
CONTRIBUTIONS BETWEEN PRINCIPAL CAMPAIGN COMMITTEES.
(a) Leadership Committee Prohibition.--Section 302 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 432) is amended by adding at
the end the following new subsection:
``(j) A candidate for Federal office may not establish, maintain,
finance, or control a political committee, other than the principal
campaign committee of the candidate.''.
(b) Principal Campaign Committee Restriction.--Section 315 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by
sections 2, 3, and 4, is further amended by adding at the end the
following new subsection:
``(l) A principal campaign committee of a candidate for Federal
office may not make any contribution to any other principal campaign
committee (other than the principal campaign committee of the same
individual as a candidate for another Federal office).''.
SEC. 6. CONTRIBUTIONS THROUGH INTERMEDIARIES AND CONDUITS.
Section 315(a)(8) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(8)) is amended to read as follows:
``(8) For the purposes of this subsection:
``(A) Contributions made by a person, either directly or
indirectly, to or on behalf of a particular candidate,
including contributions that are in any way earmarked or
otherwise directed through an intermediary or conduit to a
candidate, shall be
treated as contributions from the person to the candidate.
``(B) Contributions made directly or indirectly by a person
to or on behalf of a particular candidate through an
intermediary or conduit, including contributions made or
arranged to be made by an intermediary or conduit, shall be
treated as contributions from the intermediary or conduit to
the candidate if--
``(i) the contributions made through the
intermediary or conduit are in the form of a check or
other negotiable instrument made payable to the
intermediary or conduit rather than the intended
recipient; or
``(ii) the intermediary or conduit is--
``(I) a political committee;
``(II) an officer, employee, or agent of
such a political committee;
``(III) a political party;
``(IV) a partnership or sole
proprietorship;
``(V) a person who is required to register
or to report its lobbying activities, or a
lobbyist whose activities are required to be
reported, under section 308 of the Federal
Regulation of Lobbying Act (2 U.S.C. 267), the
Foreign Agents Registration Act of 1938 (22
U.S.C. 611 et seq.), or any successor Federal
law requiring a person who is a lobbyist or
foreign agent to register or a person to report
its lobbying activities; or
``(VI) an organization prohibited from
making contributions under section 316, or an
officer, employee, or agent of such an
organization acting on the organization's
behalf.
``(C)(i) The term `intermediary or conduit' does not
include--
``(I) a candidate or representative of a candidate
receiving contributions to the candidate's principal
campaign committee or authorized committee;
``(II) a professional fundraiser compensated for
fundraising services at the usual and customary rate,
but only if the individual is not described in
subparagraph (B)(ii);
``(III) a volunteer hosting a fundraising event at
the volunteer's home, in accordance with section
301(8)(B), but only if the individual is not described
in subparagraph (B)(ii); or
``(IV) an individual who transmits a contribution
from the individual's spouse.
``(ii) The term `representative' means an individual who is
expressly authorized by the candidate to engage in fundraising,
and who occupies a significant position within the candidate's
campaign organization, provided that the individual is not
described in subparagraph (B)(ii).
``(iii) The term `contributions made or arranged to be
made' includes--
``(I) contributions delivered to a particular
candidate or the candidate's authorized committee or
agent; and
``(II) contributions directly or indirectly
arranged to be made to a particular candidate or the
candidate's authorized committee or agent, in a manner
that identifies directly or indirectly to the candidate
or authorized committee or agent the person who
arranged the making of the contributions or the person
on whose behalf such person was acting.
Such term does not include contributions made, or arranged to
be made, by reason of an oral or written communication by a
candidate for Federal office or Federal officeholder expressly
advocating the nomination for election, or election, of any
other candidate for Federal office and encouraging the making
of a contribution to such other candidate.
``(iv) The term `acting on the organization's behalf'
includes the following activities by an officer, employee or
agent of a person described in subparagraph (B)(ii)(VI):
``(I) Soliciting or directly or indirectly
arranging the making of a contribution to a particular
candidate in the name of, or by using the name of, such
a person.
``(II) Soliciting or directly or indirectly
arranging the making of a contribution to a particular
candidate using other than incidental resources of such
a person.
``(III) Soliciting contributions for a particular
candidate by substantially directing the solicitations
to other officers, employees, or agents of such a
person.
``(D) Nothing in this paragraph shall prohibit--
``(i) bona fide joint fundraising efforts conducted
solely for the purpose of sponsorship of a fundraising
reception, dinner, or other similar event, in
accordance with rules prescribed by the Commission,
by--
``(I) 2 or more candidates;
``(II) 2 or more national, State, or local
committees of a political party within the
meaning of section 301(4) acting on their own
behalf; or
``(III) a special committee formed by 2 or
more candidates, or a candidate and a national,
State, or local committee of a political party
acting on their own behalf; or
``(ii) fundraising efforts for the benefit of a
candidate that are conducted by another candidate.
When a contribution is made to a candidate through an intermediary or
conduit, the intermediary or conduit shall report the original source
and the intended recipient of the contribution to the Commission and to
the intended recipient.''. | Amends the Federal Election Campaign Act of 1971 to reduce permitted contribution amounts to Federal candidates by multicandidate political committees.
(Sec. 2) Prohibits a House of Representatives candidate from accepting contributions from a multicandidate political committee in excess of 50 percent of all contributions accepted by such candidate during a reporting period.
(Sec. 3) Limits contributions which a House of Representatives candidate may accept from other than in-State residents.
(Sec. 4) Removes contribution limitations for congressional candidates whose opponents intend to spend or spend $100,000 or more from personal sources.
(Sec. 5) Prohibits leadership committees.
(Sec. 6) Revises contribution through intermediary provisions. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to provide for a reduction in the limitation amount for multicandidate political committee contributions to candidates, and for other purposes."} | 2,343 | 164 | 0.609193 | 1.556714 | 0.706221 | 2.625954 | 15.580153 | 0.885496 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Physician Shortage
Elimination Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The average life expectancy in the United States has
increased to 80 years of age, causing an ever-increasing demand
for medical care.
(2) In 1975, United States medical schools graduated
approximately 12,716 physicians. Half of these physicians
entered programs of medical studies as graduates of United
States colleges and universities. The other half consisted of
graduates of foreign institutions admitted to United States
medical schools under the J-1 Visa Program.
(3) Presently, the number of applicants, foreign and
domestic, seeking admission to United States medical schools
has decreased to approximately 39,109.
(4) During the last 20 years, median tuition and fees at
medical schools have increased by 229 percent (122 percent
adjusted for inflation) in private schools and by 479 percent
(256 percent adjusted for inflation) in public schools.
(5) The Association of American Medical Colleges, in its
Statement on the Physician Workforce, dated June, 2006, called
for an increase of 1,500 National Health Service Corps program
awards per year to help meet the need for physicians caring for
underserved populations and to help address rising medical
student indebtedness.
(6) The National Health Service Corps program has a proven
record of supplying physicians to underserved areas, and has
played an important role in expanding access for underserved
populations in rural and inner city communities.
(7) Continued expansion of the National Health Service
Corps program is strongly recommended.
(8) The growing debt incurred by graduating medical
students is likely to increase the interest and willingness of
graduates of United States medical schools to apply for
National Health Service Corps program funding and awards.
(9) One third (250,000) of active physicians are over the
age of 55 and are likely to retire in the next ten years, while
the population will have increased by 24 percent. These
demographic changes will cause the population-to-physician
ratio to peak by the year 2020.
(10) The Indiana State Medical Licensing Board has
estimated that in 20 years there will be 200,000 fewer
physicians available to deliver medical services.
(11) In 2005, the Council on Graduate Medical Education
stated in a report to Congress that there will be a shortage of
not fewer than 90,000 full-time physicians by 2020.
(12) A decrease in Federal spending to carry out programs
authorized by title VII of the Public Health Service Act
threatens the viability of programs used to solve the problem
of inadequate access to health care.
(13) A continuing decline in the number of family
physicians may lead to renewed shortages of safety net and
rural physicians.
(14) There is a declining ability to recruit qualified
medical students from rural and underserved areas, coupled with
greater difficulty on the part of community health centers and
other clinics to attract adequate personnel.
SEC. 3. REAUTHORIZATION OF NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP
PROGRAM AND LOAN REPAYMENT PROGRAM.
(a) Reauthorization of Appropriations.--Section 338H(a) of the
Public Health Service Act (42 U.S.C. 254q(a)) is amended by striking
``$146,250,000'' and all that follows through the period and inserting
``$300,000,000 for each of fiscal years 2007 through 2011.''.
(b) Scholarships for Medical Students.--Section 338H of such Act is
further amended by adding at the end the following:
``(d) Scholarships for Medical Students.--Of the amounts
appropriated under subsection (a) for a fiscal year, the Secretary
shall obligate $30,000,000 for contracts for scholarships under this
subpart to individuals who are accepted for enrollment, or enrolled, in
a course of study or program described in section 338A(b)(1)(B) that
leads to a degree in medicine or osteopathic medicine.''.
SEC. 4. REAUTHORIZATION OF CERTAIN PROGRAMS PROVIDING GRANTS FOR HEALTH
PROFESSIONS TRAINING FOR DIVERSITY.
(a) Grants for Centers of Excellence.--Section 736(h)(1) of the
Public Health Service Act (42 U.S.C. 293(h)(1)) is amended by striking
``$26,000,000'' and all that follows through ``2002'' and inserting
``$33,610,000 for each of fiscal years 2007 through 2011''.
(b) Educational Assistance for Individuals From Disadvantaged
Backgrounds.--Section 740(c) of such Act (42 U.S.C. 293d(c)) is amended
by striking ``$29,400,000'' and all that follows through the period and
inserting ``$35,650,000 for each of fiscal years 2007 through 2011.'' .
SEC. 5. EXPANSION OF RESIDENCY TRAINING PROGRAMS AND PRIMARY CARE
SERVICES OFFERED BY COMMUNITY HEALTH CENTERS.
Part C of title VII of the Public Health Service Act (42 U.S.C.
293k et seq.) is amended--
(1) by adding before section 747 the following:
``Subpart I--In General''; and
(2) by adding after section 748 the following:
``Subpart II--Additional Programs
``SEC. 749. GRANTS TO EXPAND MEDICAL RESIDENCY TRAINING PROGRAMS AT
COMMUNITY HEALTH CENTERS.
``(a) Program Authorized.--The Secretary may make grants to
community health centers--
``(1) to establish, at the centers, new or alternative-
campus accredited medical residency training programs
affiliated with a hospital or other health care facility; or
``(2) to fund new residency positions within existing
accredited medical residency training programs at the centers
and their affiliated partners.
``(b) Use of Funds.--Amounts from a grant under this section shall
be used to cover the costs of establishing or expanding a medical
residency training program described in subsection (a), including costs
associated with--
``(1) curriculum development;
``(2) equipment acquisition;
``(3) recruitment, training, and retention of residents and
faculty; and
``(4) residency stipends.
``(c) Applications.--A community health center seeking a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(d) Preference.--In selecting recipients for a grant under this
section, the Secretary shall give preference to funding medical
residency training programs focusing on primary health care.
``(e) Definition.--In this section:
``(1) The term `accredited', as applied to a new or
alternative-campus medical residency training program, means a
program that is accredited by a recognized body or bodies
approved for such purpose by the Accreditation Council for
Graduate Medical Education, except that a new medical residency
training program that, by reason of an insufficient period of
operation, is not eligible for accreditation on or before the
date of submission of an application under subsection (c) shall
be deemed accredited if the Accreditation Council for Graduate
Medical Education finds, after consultation with the
appropriate accreditation body or bodies, that there is
reasonable assurance that the program will meet the
accreditation standards of such body or bodies prior to the
date of graduation of the first entering class in that program.
``(2) The term `community health center' means a health
center as defined in section 330.
``SEC. 749A. GRANTS TO IMPROVE DELIVERY OF PRIMARY CARE SERVICES IN
COMMUNITY HEALTH CENTERS.
``(a) Primary Care Access Grants.--
``(1) Program authorized.--The Secretary, acting through
the Administrator of the Health Resources and Services
Administration, may make grants to community health centers for
the purpose of increasing the number of medical service
providers associated with such centers.
``(2) Grants.--A recipient of a grant under this subsection
shall be eligible to receive such grants for a total of 5
fiscal years.
``(3) Use of funds.--A recipient of a grant under this
subsection shall use amounts from the grant for one or more of
the following activities:
``(A) To recruit residents for medical residency
training programs at the community health center.
``(B) To establish a multi-community physician
mentoring program to encourage upper level residents to
remain in the State in which the community health
center and medical residency training program are
located.
``(C) To enter into contracts for technical
assistance for the purpose of recruiting or retaining
primary health care staff.
``(D) To enter into contracts for technical
assistance in preparing contracts with local providers
of primary health care to provide services for
medically underserved communities.
``(4) Application.--A community health center seeking a
grant under this subsection shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(b) Grants for Primary Care Facility Capital Expenditures.--
``(1) Program authorized.--The Secretary, acting through
the Administrator of the Health Resources and Services
Administration, may make grants to community health centers for
the purpose of increasing primary health care capabilities
through the construction, expansion, or renovation of
facilities.
``(2) Grants.--A recipient of a grant under this subsection
shall be eligible to receive such grants for a total of 5
fiscal years.
``(3) Use of funds.--A recipient of a grant under this
subsection shall use amounts from the grant for one or more of
the following activities:
``(A) To acquire or lease facilities.
``(B) To construct new facilities.
``(C) To repair or modernize existing facilities.
``(D) To purchase or lease medical equipment.
``(c) Definition.--The term `community health center' means a
health center as defined in section 330.
``SEC. 749B. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated $200,000,000 for fiscal
year 2007 and such sums as may be necessary for each fiscal year
thereafter to carry out this subpart.''. | United States Physician Shortage Elimination Act of 2007 - Amends the Public Health Service Act to authorize appropriations for FY2007-FY2011 to: (1) carry out the National Health Service Corps Scholarship Program and Loan Repayment Program to assure an adequate supply of physicians and other health professionals to provide primary health services; (2) assist schools in supporting programs of excellence in health professionals education for underrepresented minority individuals; and (3) assist individuals from disadvantaged backgrounds to undertake education to enter a health profession.
Allows the Secretary of Health and Human Services to make grants to community health centers to: (1) establish new or alternative-campus accredited medical residency training programs affiliated with a hospital or other health care facility; or (2) fund new residency positions within existing accredited medical residency training programs at the centers and their affiliated partners. Requires the Secretary to give preference to funding medical residency training programs focusing on primary health care.
Allows the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to make grants to community health centers to: (1) increase the number of medical service providers associated with such centers; and (2) increase primary health care capabilities through the construction, expansion, or renovation of facilities. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to increase the number of primary care physicians serving health professional shortage areas, and for other purposes."} | 2,304 | 247 | 0.49988 | 1.517092 | 0.732462 | 3.970954 | 8.497925 | 0.908714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs Through Environmental
Safeguarding and Streamlining Act of 2010''.
SEC. 2. SURFACE TRANSPORTATION PROJECT DELIVERY PILOT PROGRAM.
(a) Assumption of Responsibility.--
(1) Additional responsibility.--Section 327(a)(2)(B)(ii)(I)
of title 23, United States Code, is amended to read as follows:
``(I) responsibility for any
conformity determination (other than a
conformity determination for an
individual project) required under
section 176 of the Clean Air Act (42
U.S.C. 7506); or''.
(2) Highway projects involving more than one dot modal
administration.--Section 327(a)(2) of such title is amended by
adding at the end the following:
``(F) Highway projects involving more than one dot
modal administration.--
``(i) Treatment of projects.--For purposes
of subparagraph (A), a project shall be treated
as a `highway project' if the Secretary
determines that the Federal Highway
Administration is the lead agency for the
project.
``(ii) Assignment of authorities.--In the
case of a highway project that involves the
Federal Highway Administration and another
modal administration of the Department of
Transportation, the authorities of the
Secretary that may be assigned to a State under
this subsection shall include the authorities
of the Secretary that relate to the Federal
Highway Administration and the other modal
administration.''.
(b) State Participation.--
(1) Number of participating states.--Section 327(b)(1) of
such title is amended--
(A) in the paragraph heading by striking ``Number
of Participating States'' and inserting ``In General'';
and
(B) by striking ``not more than 5'' and all that
follows through ``Texas)'' and inserting ``any State
that meets the selection criteria contained in
paragraph (4)''.
(2) Written agreement.--Section 327(c) of such title is
amended to read as follows:
``(c) Written Agreement.--
``(1) In general.--A written agreement under this section
shall--
``(A) be executed by the Governor or the top-
ranking transportation official in the State who is
charged with responsibility for highway construction;
``(B) be in such form as the Secretary may
prescribe;
``(C) provide that the State--
``(i) agrees to assume all or part of the
responsibilities of the Secretary described in
subsection (a);
``(ii) agrees to carry out those
responsibilities using the best available
science;
``(iii) expressly consents, on behalf of
the State, to accept the jurisdiction of the
Federal courts for the compliance, discharge,
and enforcement of any responsibility of the
Secretary assumed by the State;
``(iv) certifies that State laws (including
regulations) are in effect that--
``(I) authorize the State to take
the actions necessary to carry out the
responsibilities being assumed; and
``(II) are comparable to section
552 of title 5, including providing
that any decision regarding the public
availability of a document under those
State laws is reviewable by a court of
competent jurisdiction; and
``(D) agrees to maintain the financial resources
necessary to carry out the responsibilities being
assumed.
``(2) Excluded projects.--A written agreement with a State
under this section may include a list of projects in the State
that are excluded from the program. The list shall be updated
annually by mutual agreement between the Secretary and the
State.
``(3) Term.--A written agreement with a State under this
section shall--
``(A) have a term of not more than 5 years; and
``(B) be renewable.
``(4) Use of project delivery methods.--A written agreement
with a State under this section may not impose on the State a
limitation on the use of a project delivery method if the
limitation would not otherwise apply to the State under this
title or another provision of law. In this paragraph, the term
`project delivery method' includes the authority of a State to
acquire rights-of-way and conduct final design work for a
project with State funds on an at-risk basis prior to
completion of the environmental review process for the
project.''.
(3) Audits and monitoring.--Section 327(g) of such title is
amended--
(A) in the subsection heading by inserting ``and
Monitoring'' after ``Audits'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Monitoring.--If a State has been participating in the
program pursuant to a written agreement under subsection (c)
for a period of 10 consecutive years, the Secretary may monitor
compliance by the State with the agreement instead of
conducting audits under paragraph (1). If a State, while
participating in the monitoring program under this section,
repeatedly fails to comply with all aspects of the written
agreement under subsection (c), the Secretary shall commence
the auditing process. The Secretary shall develop procedures
for conducting monitoring under this paragraph.''; and
(D) in paragraph (3) (as redesignated by
subparagraph (B) of this paragraph) by inserting after
``paragraph (1)'' the following: ``, and the results of
monitoring conducted under paragraph (2),''.
(c) Report to Congress.--Section 327(h) of such title is amended to
read as follows:
``(h) Report to Congress.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Jobs Through Environmental Safeguarding and
Streamlining Act of 2010, and every 4 years thereafter, the
Secretary shall submit to Congress, and make available to the
public, a report on the results of the program.
``(2) Contents.--For each reporting period, the report
shall contain, at a minimum, the following:
``(A) An assessment of whether delays were reduced
and project delivery was enhanced as a result of the
program.
``(B) An assessment of whether there were cost
savings for States participating in the program and the
Department of Transportation as a result of the
program.
``(C) An assessment of whether environmental
concerns were protected and considered in States
participating in the program at a level consistent with
nonparticipating States.
``(D) Recommendations for changes (if any) that
could be made to enhance or improve the program.
``(E) An assessment of the impact and effectiveness
of an environmental document quality control program of
the transportation department of any State
participating in the program.''.
(d) Termination Date.--Section 327(i)(1) of such title is amended
by striking ``date of enactment of this section'' and inserting ``date
of enactment of the Jobs Through Environmental Safeguarding and
Streamlining Act of 2010''.
(e) Demonstration Program.--Section 327 of such title is amended by
adding at the end the following:
``(j) Use of State Environmental Review Laws for Low Impact
Projects.--
``(1) Demonstration program.--Subject to the requirements
of this subsection, the Secretary shall carry out a
demonstration program to permit eligible States that assume
responsibilities of the Secretary under subsection (a)(2) to
carry out the responsibilities through the implementation of
the environmental laws of the State instead of Federal
environmental laws.
``(2) Limitation on state authority.--
``(A) Limitation.--The authority of a State under
the demonstration program shall be limited to
conducting the Secretary's responsibilities for
environmental reviews, consultation, and other
requirements with respect to low impact projects.
``(B) Low impact project defined.--In this
subsection, the term `low impact project' means a
highway project that meets such criteria as may be
established by the Secretary by regulation.
``(3) Eligible states.--The Secretary may permit a State to
participate in the demonstration program only if the Secretary
determines, after reviewing the environmental laws of the
State, and such other materials as the Secretary may require,
that--
``(A) the environmental laws of the State provide a
substantially equivalent level of environmental
protection as applicable Federal laws; and
``(B) participation by the State in the
demonstration program will not diminish protection of
the environment.
``(4) Concurrence of other agencies.--The Secretary may
permit a State to participate in the demonstration program only
with the concurrence of the Council on Environmental Quality,
the Administrator of the Environmental Protection Agency, the
Secretary of the Interior, the Secretary of Commerce, and the
heads of other appropriate Federal environmental and natural
resource agencies, as identified by the Secretary.
``(5) Audits and monitoring.--A State participating in the
demonstration program shall continue to be subject to the
requirements of subsection (g), including requirements relating
to the public availability of audits and monitoring results.
``(6) Modification of written agreement.--The Secretary
shall provide for the participation of a State in the
demonstration program by modifying the written agreement
entered into by the Secretary with the State under subsection
(c).
``(7) Termination of state participation.--The Secretary
may terminate the participation of a State in the demonstration
program in accordance with the procedures specified in
subsection (i)(2).
``(8) Report to congress.--
``(A) In general.--Not later than one year after
the date on which the first State is selected for
participation in the demonstration program, and
annually thereafter, the Secretary shall submit to
Congress, and make available to the public, a report on
the results of the demonstration program.
``(B) Contents.--For each reporting period, the
report shall contain, at a minimum, the following:
``(i) A list identifying how many projects
have been completed under the demonstration
program.
``(ii) An assessment of whether delays were
reduced and project delivery was enhanced as a
result of the demonstration program.
``(iii) An assessment of whether there have
been any adverse impacts or risks to the
environment as a result of the demonstration
program.
``(9) Sunset date.--The demonstration program shall
terminate on the date that is 6 years after the date of
enactment of this subsection.''. | Jobs Through Environmental Safeguarding and Streamlining Act of 2010 - Modifies the prohibition, under the surface transportation project delivery pilot program, against assignment to a state of the responsibility of the Secretary of Transportation (DOT) for any conformity determination under the Clean Air Act with regard to highway projects in the state. Allows the Secretary to assign a state that responsibility for an individual project.
Treats any project as a highway project if the Federal Highway Administration (FHWA) is the lead agency for it. Allows the Secretary to assign a state authorities relating to the FHWA and another DOT modal administration with regard to any highway project involving such agencies.
Eliminates the limitation to Alaska, California, Ohio, Oklahoma, and Texas of state participation in the program. Allows program participation by any state meeting the selection criteria.
Revises requirements for the written agreement under the pilot program between the Secretary and a state governor to include agreement to carry out the Secretary's assigned responsibilities using the best available science. Limits such an agreement to a five-year renewable term. Allows the agreement to list projects excluded from the program.
Prohibits the agreement from imposing on the state a limitation on the use of a project delivery method, if the limitation would not otherwise apply to the state. Treats as a project delivery method state authority to acquire rights-of-way and conduct final design work for a project with state funds on an at-risk basis before completion of the project's environmental review process.
Authorizes the Secretary to monitor state compliance with an agreement, instead of conducting an audit, if the state has been participating in the program pursuant to the agreement for ten consecutive years. Requires the Secretary to commence the auditing process, however, if a state, while participating in the monitoring program, repeatedly fails to comply with all aspects of the agreement. | {"src": "billsum_train", "title": "To amend title 23, United States Code, to reauthorize and modify the surface transportation project delivery pilot program, and for other purposes."} | 2,313 | 406 | 0.602975 | 1.964636 | 0.736177 | 3.279661 | 6.132768 | 0.90678 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saint Francis Dam Disaster National
Memorial Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) On March 12, 1928, the Saint Francis Dam located in the
northern portion of Los Angeles County, California, breached,
resulting in a flood resulting in the death of approximately
600 individuals.
(2) The residents of the Santa Clarita Valley, San
Francisquito Canyon, Castaic Junction, Santa Clara River
Valley, Piru, Fillmore, Bardsdale, Saticoy, and Santa Paula
were devastated by the worst flood that the State of California
has ever experienced.
(3) This disaster resulted in a tremendous loss of human
life, property, and livelihood, and was surpassed in the 20th
century only by the great San Francisco Earthquake of 1906.
(4) The dam's collapse may represent America's worst civil
engineering failure in the 20th century.
(5) It is right to pay homage to the citizens who perished,
were injured, or were dislocated in the flood, and to bring to
light and educate the general public about this important
historical event.
(6) The site is subject to the theft of historic artifacts,
graffiti, and other vandalism.
(7) The site has important historic and environmental
significance.
(8) It is appropriate that the site of the Saint Francis
Dam and surrounding areas be designated a unit of the National
Park System to commemorate this tragic event.
(b) Purposes.--The purposes of this Act are as follows:
(1) To establish a national memorial to honor the victims
of the Saint Francis Dam disaster of March 12, 1928.
(2) To establish the Saint Francis Dam Advisory Commission
to assist with consideration and formulation of plans for a
permanent memorial to the victims of that disaster, including
its nature, design, and construction.
(3) To permanently protect the historical scene of the
Saint Francis Dam and educate the general public about this
historic event.
(4) To authorize the Secretary of the Interior to
coordinate and facilitate the activities of the Saint Francis
Dam Advisory Commission, provide technical and financial
assistance to the Saint Francis Dam Task Force, and to
administer a Saint Francis Dam memorial.
SEC. 3. MEMORIAL TO HONOR THE VICTIMS OF THE SAINT FRANCIS DAM
DISASTER.
There is established a memorial at the Saint Francis Dam site in
the County of Los Angeles, California, to honor the victims of the
Saint Francis Dam disaster of March 12, 1928, which shall be--
(1) known as the Saint Francis Dam Disaster National
Memorial; and
(2) located within the Saint Francis Dam Disaster National
Monument.
SEC. 4. SAINT FRANCIS DAM ADVISORY COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Saint Francis Dam Advisory Commission''.
(b) Membership.--The Commission shall consist of 15 members,
including the Director of the National Park Service, or the Director's
designee, and 14 members appointed by the Secretary of the Interior.
(c) Term.--The term of the members of the Commission shall be for
the life of the Commission.
(d) Chair.--The members of the Commission shall select the Chair of
the Commission.
(e) Vacancies.--Any vacancy in the Commission shall not affect its
powers if a quorum is present, but shall be filled in the same manner
as the original appointment.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members, but not less often than
quarterly. The Commission shall publish notice of the Commission
meetings and agendas for the meetings in local newspapers in the
vicinity of Los Angeles County and in the Federal Register. Meetings of
the Commission shall be subject to section 552b of title 5, United
States Code (relating to open meetings).
(g) Quorum.--A majority of the members serving on the Commission
shall constitute a quorum for the transaction of any business.
(h) No Compensation.--Members of the Commission shall serve without
compensation, but may be reimbursed for expenses incurred in carrying
out the duties of the Commission.
(i) Duties.--The duties of the Commission shall be as follows:
(1) Not later than 2 years after the date of the enactment
of this Act, the Commission shall submit to the Secretary of
the Interior and Congress a report containing recommendations
for the planning, design, construction, and long-term
management of a permanent memorial at the dam site.
(2) The Commission shall advise the Secretary of the
Interior on the boundaries of the Memorial site.
(3) The Commission shall advise the Secretary of the
Interior in the development of a management plan for the
Memorial site.
(4) The Commission shall consult and coordinate closely
with the Saint Francis Dam Task Force, the State of California,
and other interested persons, as appropriate, to support and
not supplant the efforts of the Saint Francis Dam Task Force on
and before the date of the enactment of this Act to commemorate
the Saint Francis Dam disaster.
(5) The Commission shall provide significant opportunities
for public participation in the planning and design of the
Memorial.
(j) Powers.--The Commission may--
(1) make such expenditures for services and materials for
the purpose of carrying out this Act as the Commission
considers advisable from funds appropriated or received as
gifts for that purpose;
(2) subject to approval by the Secretary of the Interior,
solicit and accept donations of funds and gifts, personal
property, supplies, and services from individuals, foundations,
corporations, and other private or public entities to be used
in connection with the construction or other expenses of the
Memorial;
(3) hold hearings and enter into contracts for personal
services;
(4) do such other things as are necessary to carry out this
Act; and
(5) by a vote of the majority of the Commission, delegate
such of its duties as it determines appropriate to employees of
the National Park Service.
(k) Termination.--The Commission shall terminate upon dedication of
the completed Memorial.
SEC. 5. DUTIES OF THE SECRETARY OF THE INTERIOR WITH RESPECT TO
MEMORIAL.
The Secretary may--
(1) provide assistance to the Commission, including advice
on collections, storage, and archives;
(2) consult and assist the Commission in providing
information, interpretation, and the conduct of oral history
interviews;
(3) provide assistance in conducting public meetings and
forums held by the Commission;
(4) provide project management assistance to the Commission
for planning, design, and construction activities;
(5) provide programming and design assistance to the
Commission for possible Memorial exhibits, collections, or
activities;
(6) provide staff assistance and support to the Commission
and the Saint Francis Dam Task Force;
(7) participate in the formulation of plans for the design
of the Memorial, accept funds raised by the Commission for
construction of the Memorial, and construct the Memorial;
(8) acquire from willing sellers the land or interests in
land for the Memorial site by donation, purchase with donated
or appropriated funds, or exchange; and
(9) administer the Memorial as a unit of the National Park
System in accordance with this Act and with the laws generally
applicable to units of the National Park System.
SEC. 6. ESTABLISHMENT OF NATIONAL MONUMENT.
(a) Establishment.--There is established as a national monument in
the State certain land administered by the Secretary of Agriculture in
Los Angeles County comprising approximately ____ acres, as generally
depicted on the map entitled ____, and dated ___, to be known as the
``Saint Francis Dam Disaster National Memorial Monument''.
(b) Purpose.--The purpose of the Monument is to conserve, protect,
and enhance for the benefit and enjoyment of present and future
generations the cultural, archaeological, historical, natural,
wildlife, geological, ecological, watershed, educational, scenic, and
recreational resources and values of the Monument.
(c) Management.--
(1) In general.--The Secretary of the Interior shall manage
the Monument--
(A) in a manner that conserves, protects, and
enhances the resources of the Monument;
(B) protects, preserves, and enhances the Memorial;
and
(C) in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this Act; and
(iii) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary of the Interior
shall allow only such uses of the Monument that the
Secretary determines would further the purpose
described in subsection (b).
(B) Use of motorized vehicles.--
(i) In general.--Except as needed for
administrative purposes or to respond to an
emergency, the use of motorized vehicles in the
Monument shall be permitted only on roads
designated for use by motorized vehicles in the
management plan.
(ii) New roads.--No additional roads shall
be built within the Monument after the date of
enactment of this Act unless the road is
necessary for public safety or natural resource
protection.
(C) Grazing.--The Secretary shall permit grazing
within the Monument, where established before the date
of enactment of this Act--
(i) subject to all applicable laws
(including regulations) and Executive orders;
and
(ii) consistent with the purpose described
in subsection (b).
(D) Utility right-of-way upgrades.--Nothing in this
section precludes the Secretary from renewing or
authorizing the upgrading (including widening) of a
utility right-of-way in existence as of the date of
enactment of this Act through the Monument in a manner
that minimizes harm to the purpose of the Monument
described in subsection (b)--
(i) in accordance with--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(II) any other applicable law; and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate.
(E) Rights-of-way.--Subject to applicable law, the
Secretary of the Interior may issue rights-of-way for
watershed restoration projects and small-scale flood
prevention projects within the boundary of the Monument
if the right-of-way is consistent with the purpose of
the Monument described in subsection (b).
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of the Interior shall
develop a management plan for the Monument.
(2) Consultation.--The management plan shall be developed
in consultation with--
(A) interested Federal agencies;
(B) State, tribal, and local governments; and
(C) the public.
(3) Considerations.--In preparing and implementing the
management plan, the Secretary of the Interior shall--
(A) consider the recommendations of the Santa
Clarita Valley Historical Society on methods for
providing access to, and protection for the St. Francis
Dam Memorial site; and
(B) include a watershed health assessment to
identify opportunities for watershed restoration.
(e) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land that is within the boundary of the Monument
designated by subsection (a) that is acquired by the United States
shall--
(1) become part of the Monument; and
(2) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
(f) Transfer of Administrative Jurisdiction.--On the date of
enactment of this Act, administrative jurisdiction over the
approximately ___ acres of land generally depicted as ___ on the map
entitled ___, and dated ___, shall--
(1) be transferred from the Secretary of Agriculture to the
Secretary of the Interior;
(2) become part of the Monument; and
(3) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
SEC. 7. DEFINITIONS.
In this Act:
(1) Memorial.--The term ``Memorial'' means the Saint
Francis Dam Disaster National Memorial established by section
3.
(2) Monument.--The term ``Monument'' means the Saint
Francis Dam Disaster National Monument established by section
6.
(3) State.--The term ``State'' means the State of
California. | Saint Francis Dam Disaster National Memorial Act - Establishes: (1) the Saint Francis Dam Disaster National Memorial at the Saint Francis Dam site in Los Angeles County, California, to honor the victims of the Saint Francis Dam disaster of March 12, 1928; (2) the Saint Francis Dam Disaster National Monument; and (3) the Saint Francis Dam Advisory Commission. Requires the Commission to: report recommendations for the planning, design, construction, and long-term management of the Memorial; advise the Secretary of the Interior on the boundaries of the Memorial; and consult and coordinate with the Saint Francis Dam Task Force and the state of California to support the efforts of the Task Force to commemorate the disaster. Terminates the Commission upon dedication of the completed Memorial. Authorizes the Secretary to: provide assistance to the Commission and the Task Force, participate in the formulation of plans for the design of the Memorial, acquire lands for the Memorial, accept funds raised by the Commission for construction of the Memorial, construct the Memorial, and administer the Memorial as a unit of the National Park System. Requires the Secretary to: (1) manage the Monument in a manner that conserves, protects, and enhances its resources; and (2) develop a management plan for the Monument. | {"src": "billsum_train", "title": "Saint Francis Dam Disaster National Memorial Act"} | 2,709 | 257 | 0.72535 | 2.312329 | 0.855736 | 4.980545 | 10.085603 | 0.933852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The American Society of Reproductive Medicine
recognizes infertility as a disease, and the Centers for
Disease Control and Prevention have described infertility as an
emerging public health priority in the United States. Globally,
the World Health Organization also formally recognizes
infertility as a disease.
(2) According to the Centers for Disease Control and
Prevention, approximately 3,000,000 Americans suffer from
infertility.
(3) A portion of those 3,000,000 people are cancer
survivors who were diagnosed as infants, children, or young
adults. Their treatments included chemotherapy, radiation, and
surgery which have led to irreparable damage to their
reproductive systems.
(4) Military families notably are also impacted by
infertility as a result of lower extremity war injuries arising
from the perils of modern warfare. For active duty individuals,
frequent changes in permanent duty station, combat deployments,
and training rotations complicate access to fertility
treatments. In addition, active duty individuals or veterans
have no coverage for in vitro fertilization (IVF) through their
military health insurance and must pay out of pocket for those
expenses, even within military treatment facilities.
(5) For many, the cost of treatment for the disease of
infertility is prohibitive. According to the American Society
for Reproductive Medicine, the cost per cycle of IVF is
approximately $12,500, and on average couples require at least
2 cycles. Many couples have to choose between their desire to
establish a family and their future financial well-being.
(6) Medical insurance coverage for infertility treatments
is sparse and inconsistent at the State level. Only 8 States
have passed laws to require comprehensive infertility coverage,
and under those State laws employer-sponsored plans are exempt;
therefore, coverage for treatments such as IVF is limited.
According to Mercer's 2005 National Survey of Employer-
Sponsored Health Plans, IVF was voluntarily covered by 19
percent of large employer-sponsored health plans and only 11
percent of small employer-sponsored health plans. Even in
States with coverage mandates, out-of-pocket expenses for these
treatments are significant.
(7) According to the latest National Survey of Family
Growth, African-American and Hispanic women are more likely to
be infertile than Caucasian women, yet studies indicate that
they are less likely to use infertility services.
SEC. 3. CREDIT FOR CERTAIN INFERTILITY TREATMENTS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting before
section 24 the following new section:
``SEC. 23A. CREDIT FOR CERTAIN INFERTILITY TREATMENTS.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to 50 percent of the
qualified infertility treatment expenses paid or incurred during the
taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The amount of the credit under
subsection (a) for any taxable year shall not exceed the excess
(if any) of--
``(A) the dollar amount in effect under section
23(b)(1) for the taxable year, over
``(B) the aggregate amount of the credits allowed
under subsection (a) for all preceding taxable years.
``(2) Income limitation.--
``(A) In general.--The amount otherwise allowable
as a credit under subsection (a) for any taxable year
(determined after the application of paragraph (1) and
without regard to this paragraph and subsection (c))
shall be reduced (but not below zero) by an amount
which bears the same ratio to the amount so allowable
as--
``(i) the amount (if any) by which the
taxpayer's adjusted gross income exceeds the
dollar amount in effect under clause (i) of
section 23(b)(2)(A); bears to
``(ii) $40,000.
``(B) Determination of adjusted gross income.--For
purposes of subparagraph (A), adjusted gross income
shall be determined without regard to sections 911,
931, and 933.
``(3) Denial of double benefit.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or
credit is taken under any other provision of this
chapter.
``(B) Grants.--No credit shall be allowed under
subsection (a) for any expense to the extent that
reimbursement or other funds in compensation for such
expense are received under any Federal, State, or local
program.
``(C) Insurance reimbursement.--No credit shall be
allowed under subsection (a) for any expense to the
extent that payment for such expense is made, or
reimbursement for such expense is received, under any
insurance policy.
``(4) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for any taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55; over
``(B) the sum of the credits allowable under this
subpart (other than this section) and section 27 for
the taxable year.
``(c) Carryforwards of Unused Credit.--
``(1) Rule for years in which all personal credits allowed
against regular and alternative minimum tax.--In the case of a
taxable year to which section 26(a)(2) applies, if the credit
allowable under subsection (a) exceeds the limitation imposed
by section 26(a)(2) for such taxable year reduced by the sum of
the credits allowable under this subpart (other than this
section), such excess shall be carried to the succeeding
taxable year and added to the credit allowable under subsection
(a) for such succeeding taxable year.
``(2) Rule for other years.--In the case of a taxable year
to which section 26(a)(2) does not apply, if the credit
allowable under subsection (a) exceeds the limitation imposed
by subsection (b)(4) for such taxable year, such excess shall
be carried to the succeeding taxable year and added to the
credit allowable under subsection (a) for such succeeding
taxable year.
``(3) Limitation.--No credit may be carried forward under
this subsection to any taxable year after the 5th taxable year
after the taxable year in which the credit arose. For purposes
of the preceding sentence, credits shall be treated as used on
a first-in first-out basis.
``(d) Qualified Infertility Treatment Expenses.--For purposes of
this section--
``(1) In general.--The term `qualified infertility
treatment expenses' means amounts paid or incurred for the
treatment of infertility via in vitro fertilization if such
treatment is--
``(A) provided by a licensed physician, licensed
surgeon, or other licensed medical practitioner, and
``(B) administered with respect to a diagnosis of
infertility by a physician licensed in the United
States.
``(2) Treatments in advance of infertility arising from
medical treatments.--In the case of expenses incurred in
advance of a diagnosis of infertility for fertility
preservation procedures which are conducted prior to medical
procedures that, as determined by a physician licensed in the
United States, may cause involuntary infertility or
sterilization, such expenses shall be treated as qualified
infertility treatment expenses--
``(A) notwithstanding paragraph (1)(B), and
``(B) without regard to whether a diagnosis of
infertility subsequently results.
Expenses for fertility preservation procedures in advance of a
procedure designed to result in infertility or sterilization
shall not be treated as qualified infertility treatment
expenses.
``(3) Infertility.--The term `infertility' means the
inability to conceive or to carry a pregnancy to live birth,
including iatrogenic infertility resulting from medical
treatments such as chemotherapy, radiation or surgery. Such
term does not include infertility or sterilization resulting
from a procedure designed for such purpose.
``(e) Eligible Individual.--For purposes of this section, the term
`eligible individual' means an individual--
``(1) who has been diagnosed with infertility by a
physician licensed in the United States, or
``(2) with respect to whom a physician licensed in the
United States has made the determination described in
subsection (d)(2).
``(f) Filing Requirements.--Married taxpayers must file joint
returns. Rules similar to the rules of paragraphs (2), (3), and (4) of
section 21(e) shall apply for purposes of this section.''.
(b) Conforming Amendments.--
(1) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting before the item relating to section 24
the following new item:
``Sec. 23A. Credit for certain infertility treatments.''.
(2) Section 23(c)(1) of such Code is amended by striking
``25D'' and inserting ``23A, 25D,''.
(3) Section 25(e)(1)(C) of such Code is amended by
inserting ``23A,'' before ``25D,''.
(4) Section 1400C(d) of such Code is amended by striking
``section 25D'' and inserting ``sections 23A and 25D''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013. | Family Act of 2013 - Amends the Internal Revenue Code to allow a tax credit for 50% of qualified infertility treatment expenses. Limits the dollar amount of such credit to $12,970 for taxable years beginning in 2013, with a phase-out of such credit for taxpayers based on adjusted gross income. Defines "qualified infertility treatment expenses" as amounts paid for the treatment of infertility via in vitro fertilization if such treatment is provided by a licensed physician, surgeon, or other medical practitioner and is administered with respect to a diagnosis of infertility by a physician licensed in the United States. | {"src": "billsum_train", "title": "Family Act of 2013"} | 2,246 | 146 | 0.383931 | 1.135357 | 0.535528 | 3.504505 | 17.972973 | 0.90991 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Slamming Protection Act''.
SEC. 2. ADDITIONAL PROTECTIONS AGAINST UNAUTHORIZED CHANGES OF
PROVIDERS OF TELEPHONE SERVICE.
Section 258 of the Communications Act of 1984 (47 U.S.C. 258) is
amended by adding at the end the following:
``(c) Criminal Penalties.--
``(1) Persons.--Any person who executes a change in a
provider of telephone exchange service or telephone toll
service in willful violation of the procedures prescribed under
subsection (a)--
``(A) shall be fined not more than $1,000,
imprisoned not more than 30 days, or both, for the
first offense; and
``(B) shall be fined not more than $10,000,
imprisoned not more than 9 months, or both, for any
subsequent offense.
``(2) Telecommunications carriers.--Any telecommunications
carrier who executes a change in a provider of telephone
exchange service or telephone toll service in willful violation
of the procedures prescribed under subsection (a) shall be
fined not more than $50,000 for the first offense and shall be
fined not more than $100,000 for any subsequent offense.
``(d) Private Right of Action.--
``(1) In general.--A subscriber whose provider of telephone
exchange service or telephone toll service is changed in
violation of the procedures prescribed under subsection (a)
may, within one year after discovery of the change, bring in an
appropriate court an action--
``(A) for an order to revoke the change;
``(B) for an award of damages in an amount equal to
the greater of--
``(i) the actual monetary loss resulting
from the change; or
``(ii) an amount not to exceed $2,000; or
``(C) for relief under both subparagraphs (A) and
(B).
``(2) Increased award.--If the court finds that the
defendant executed the change in willful and knowing violation
of the procedures prescribed under subsection (a), the court
may, in its discretion, increase the amount of the award under
paragraph (1) to an amount equal to not more than three times
the maximum amount awardable under subparagraph (B) of that
paragraph.
``(e) Actions by States.--
``(1) Authority of states.--Whenever the attorney general
of a State, or an official or agency designated by a State, has
reason to believe that any person has engaged or is engaging in
a pattern or practice of unauthorized changes in providers of
telephone exchange service or telephone toll service of
residents in such State in violation of the procedures
prescribed under subsection (a), the State may bring a civil
action on behalf of its residents to enjoin such practices, to
recover damages equal to the actual monetary loss suffered by
such residents, or both. If the court finds the defendant
executed such changes in willful and knowing violation of such
procedures, the court may, in its discretion, increase the
amount of the award to an amount equal to not more than three
times the amount awardable under the preceding sentence.
``(2) Exclusive jurisdiction of federal courts.--The
district courts of the United States shall have exclusive
jurisdiction over all civil actions brought under this
subsection. Upon proper application, such courts shall also
have jurisdiction to award declaratory relief, or orders
affording like relief, commanding the defendant to comply with
the procedures prescribed under subsection (a). Upon a proper
showing, a permanent or temporary injunction or restraining
order shall be granted without bond.
``(3) Notice to commission.--A State shall serve prior
written notice of any civil action under this subsection upon
the Commission with a copy of its complaint, except in any case
where prior notice is not feasible, in which case the State
shall serve such notice immediately after instituting such
action.
``(4) Rights of commission.--Upon receiving notice of an
action under this subsection, the Commission shall have the
right--
``(A) to intervene in the action;
``(B) upon so intervening, to be heard on all such
matters arising therein; and
``(C) to file petitions for appeal.
``(5) Venue; service of process.--Any civil action under
this subsection may be brought in the district wherein the
defendant is found or is an inhabitant or transacts business or
wherein the violation occurred or is occurring, and process in
such cases may be served in any district in which the defendant
is an inhabitant or where the defendant may be found.
``(6) Effect on state court proceedings.--Nothing contained
in this subsection shall be construed to prohibit an authorized
State official from proceeding in State court on the basis of
an alleged violation of any general civil or criminal statute
of such State.
``(f) Class Actions.--For any class action brought with respect to
the violation of the procedures prescribed under subsection (a), the
total damages awarded may not exceed an amount equal to three times the
total actual damages suffered by the members of the class, irrespective
of the minimum damages provided for in subsection (d).
``(g) No Preemption of State Law.--Nothing in this section shall
preempt the availability of relief under State law for unauthorized
changes of providers of intrastate telephone exchange service or
telephone toll service.''. | Slamming Protection Act - Amends the Communications Act of 1934 to prescribe criminal penalties for the willful and unlawful execution of changes in a subscriber's selection of a telephone exchange or toll service provider.
Authorizes affected subscribers to bring actions for an order to revoke the change and for the award of damages. Permits States to bring civil actions on behalf of residents to enjoin unlawful change practices and to recover damages equal to the actual monetary loss suffered by such residents. Authorizes the court to increase damage awards by up to three times the maximum allowable award for willful and knowing violations.
Grants U.S. district courts exclusive jurisdiction over such civil actions. Provides for declaratory and injunctive relief with respect to such actions. Grants the Federal Communications Commission the right to intervene in actions.
Limits total damages awarded in class actions brought under this Act to three times the total actual damages suffered by members of the class. | {"src": "billsum_train", "title": "Slamming Protection Act"} | 1,183 | 206 | 0.526643 | 1.550819 | 0.759856 | 2.462857 | 6.371429 | 0.828571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned Mine Land Area
Redevelopment Act of 2001''.
SEC. 2. CREDIT TO HOLDERS OF QUALIFIED ABANDONED MINE LAND AREA
REDEVELOPMENT BONDS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30B. CREDIT TO HOLDERS OF QUALIFIED ABANDONED MINE LAND AREA
REDEVELOPMENT BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds a
qualified abandoned mine land area redevelopment bond on a credit
allowance date of such bond which occurs during the taxable year, there
shall be allowed as a credit against the tax imposed by this chapter
for such taxable year an amount equal to the sum of the credits
determined under subsection (b) with respect to credit allowance dates
during such year on which the taxpayer holds such bond.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance date
for a qualified abandoned mine land area redevelopment bond is
25 percent of the annual credit determined with respect to such
bond.
``(2) Annual credit.--The annual credit determined with
respect to any qualified abandoned mine land area redevelopment
bond is the product of--
``(A) the applicable credit rate, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Applicable credit rate.--For purposes of paragraph
(1), the applicable credit rate with respect to an issue is the
rate equal to an average market yield (as of the day before the
date of issuance of the issue) on outstanding long-term
corporate debt obligations (determined under regulations
prescribed by the Secretary).
``(4) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period ending
on a credit allowance date, the amount of the credit determined
under this subsection with respect to such credit allowance
date shall be a ratable portion of the credit otherwise
determined based on the portion of the 3-month period during
which the bond is outstanding. A similar rule shall apply when
the bond is redeemed.
``(c) Qualified Abandoned Mine Land Area Redevelopment Bond.--For
purposes of this section--
``(1) In general.--The term `qualified abandoned mine land
area redevelopment bond' means any bond issued as part of an
issue if--
``(A) the issuer is an approved special purpose
entity,
``(B) all of the net proceeds of the issue are
deposited into either--
``(i) an approved segregated program fund,
or
``(ii) a sinking fund for payment of
principal on the bonds at maturity,
``(C) the issuer designates such bond for purposes
of this section, and
``(D) the term of each bond which is part of such
issue does not exceed 30 years.
Not more than \1/6\ of the net proceeds of an issue may be
deposited into a sinking fund referred to in subparagraph
(B)(ii).
``(2) Limitation on amount of bonds designated.--The
maximum aggregate face amount of bonds designated by an
approved special purpose entity shall not exceed the portion of
the national volume cap allocated to that entity by the
Administrator of the Environmental Protection Agency.
``(3) National volume cap.--The national volume cap is
$20,000,000,000. The Administrator of the Environmental
Protection Agency shall allocate such amount among the approved
special purpose entities, except that not less than
$2,000,000,000 of such amount shall be allocated to an entity
whose comprehensive plan only covers abandoned mine land areas
containing anthracite coal.
``(4) Approved special purpose entity.--The term `approved
special purpose entity' means a State or local governmental
entity, or an entity described in section 501(c) and exempt
from tax under section 501(a), if--
``(A) such entity is established and operated
exclusively to carry out qualified purposes,
``(B) such entity has a comprehensive plan to
restore and redevelop abandoned mine land areas, and
``(C) such entity and plan are approved by the
Administrator of the Environmental Protection Agency.
``(5) Approved segregated program fund.--The term `approved
segregated program fund' means any segregated fund the amounts
in which may be used only for qualified purposes, but only if
such fund has safeguards approved by such Administrator to
assure that such amounts are only used for such purposes.
``(d) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under part
IV of subchapter A (other than this section and subpart
C thereof, relating to refundable credits).
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) for any taxable year exceeds the
limitation imposed by paragraph (1) for such taxable year, the
excess shall be carried to the succeeding taxable year and
added to the amount allowable as a credit under subsection (a)
for such succeeding taxable year.
``(e) Other Definitions.--For purposes of this section--
``(1) Abandoned mine land areas.--The term `abandoned mine
land areas' means lands and water eligible pursuant to section
404 of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1234) for expenditures from the Abandoned Mine
Reclamation Fund under title IV of such Act (30 U.S.C. 1231 et
seq.).
``(2) Qualified purpose.--The term `qualified purpose'
means, with respect to any qualified abandoned mine land area
redevelopment bond--
``(A) the purchase, restoration, and redevelopment
of abandoned mine land areas,
``(B) the cleanup of waterways and their
tributaries, both surface and subsurface, on abandoned
mine land areas from acid mine drainage and other
pollution,
``(C) the provision of financial and technical
assistance for infrastructure construction and
upgrading water and sewer systems on abandoned mine
land areas,
``(D) research and development relating to
abandoned mine land areas,
``(E) other environmental and economic development
purposes relating to abandoned mine land areas, and
``(F) such other purposes as are set forth in the
comprehensive plan prepared by the issuer and approved
by the Administrator of the Environmental Protection
Agency.
``(3) Credit allowance date.--The term `credit allowance
date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term includes the last day on which the bond is
outstanding.
``(4) Bond.--The term `bond' includes any obligation.
``(f) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (d)) and the amount so
included shall be treated as interest income.
``(g) Bonds Held by Regulated Investment Companies.--If any
qualified abandoned mine land area redevelopment bond is held by a
regulated investment company, the credit determined under subsection
(a) shall be allowed to shareholders of such company under procedures
prescribed by the Secretary.
``(h) Credits May Be Stripped.--Under regulations prescribed by the
Secretary--
``(1) In general.--There may be a separation (including at
issuance) of the ownership of a qualified abandoned mine land
area redevelopment bond and the entitlement to the credit under
this section with respect to such bond. In case of any such
separation, the credit under this section shall be allowed to
the person who on the credit allowance date holds the
instrument evidencing the entitlement to the credit and not to
the holder of the bond.
``(2) Certain rules to apply.--In the case of a separation
described in paragraph (1), the rules of section 1286 shall
apply to the qualified abandoned mine land area redevelopment
bond as if it were a stripped bond and to the credit under this
section as if it were a stripped coupon.
``(i) Treatment for Estimated Tax Purposes.--Solely for purposes of
sections 6654 and 6655, the credit allowed by this section to a
taxpayer by reason of holding a qualified abandoned mine land area
redevelopment bond on a credit allowance date shall be treated as if it
were a payment of estimated tax made by the taxpayer on such date.
``(j) Credit May Be Transferred.--Nothing in any law or rule of law
shall be construed to limit the transferability of the credit allowed
by this section through sale and repurchase agreements.
``(k) Reporting.--The issuer of qualified abandoned mine land area
redevelopment bonds shall submit reports similar to the reports
required under section 149(e).
``(l) Termination.--This section shall not apply to any bond issued
more than 10 years after the date that the first qualified abandoned
mine land area redevelopment bond is issued.''
(b) Reporting.--Subsection (d) of section 6049 of such Code
(relating to returns regarding payments of interest) is amended by
adding at the end the following new paragraph:
``(8) Reporting of credit on qualified abandoned mine land
area redevelopment bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 30B(f) and such amounts
shall be treated as paid on the credit allowance date
(as defined in section 30B(e)(3)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A) of this
paragraph, subsection (b)(4) of this section shall be
applied without regard to subparagraphs (A), (H), (I),
(J), (K), and (L)(i).
``(C) Regulatory authority.--The Secretary shall
prescribe such regulations as are necessary or
appropriate to carry out the purposes of this
paragraph, including regulations which require more
frequent or more detailed reporting.''
(c) Conforming Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 30B. Credit to holders of
qualified abandoned mine land
area redevelopment bonds.''
(d) Deadline for Regulations.--The Secretary of the Treasury shall
prescribe the regulations required by section 6049(d)(8) of the
Internal Revenue Code of 1986 (as added by this section) not later than
120 days after the date of the enactment of this Act.
(e) Approval of Bonds, Etc., by Administrator of the Environmental
Protection Agency.--The Administrator of the Environmental Protection
Agency shall act on any request for an approval required by section 30B
of the Internal Revenue Code of 1986 (as added by this section) not
later than 60 days after the date such request is submitted to such
Administrator.
(f) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2001. | Abandoned Mine Land Area Redevelopment Act of 2001 - Amends the Internal Revenue Code to allow a credit for holders of qualified abandoned mine land area redevelopment bonds, as specified. Sets forth rules and formulae concerning the annual credit (including limits and carryover), the applicable credit rate, bond issuance and redemption, the amount of bonds designated, and a national volume cap.Includes the credit in gross income, to be treated as interest income. Permits the the credit to be stripped (owner of bond different from person entitled to the credit). Treats the allowed credit as a payment of estimated tax. Permits the credit to be transferred. Limits the program to ten years from the issuance of the first qualified abandoned mine land area redevelopment bond. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax to holders of bonds issued to finance land and water reclamation of abandoned mine land areas."} | 2,635 | 169 | 0.612225 | 1.659236 | 0.80783 | 2.570423 | 16.725352 | 0.880282 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorist Tax Exemption Suspension
Act of 2003''.
SEC. 2. SUSPENSION OF TAX-EXEMPT STATUS OF TERRORIST ORGANIZATIONS.
(a) In General.--Section 501 of the Internal Revenue Code of 1986
(relating to exemption from tax on corporations, certain trusts, etc.)
is amended by redesignating subsection (p) as subsection (q) and by
inserting after subsection (o) the following new subsection:
``(p) Suspension of Tax-Exempt Status of Terrorist Organizations.--
``(1) In general.--The exemption from tax under subsection
(a) with respect to any organization described in paragraph
(2), and the eligibility of any organization described in
paragraph (2) to apply for recognition of exemption under
subsection (a), shall be suspended during the period described
in paragraph (3).
``(2) Terrorist organizations.--An organization is
described in this paragraph if such organization is designated
or otherwise individually identified--
``(A) under section 212(a)(3)(B)(vi)(II) or 219 of
the Immigration and Nationality Act as a terrorist
organization or foreign terrorist organization,
``(B) in or pursuant to an Executive order which is
related to terrorism and issued under the authority of
the International Emergency Economic Powers Act or
section 5 of the United Nations Participation Act of
1945 for the purpose of imposing on such organization
an economic or other sanction, or
``(C) in or pursuant to an Executive order issued
under the authority of any Federal law if--
``(i) the organization is designated or
otherwise individually identified in or
pursuant to such Executive order as supporting
or engaging in terrorist activity (as defined
in section 212(a)(3)(B) of the Immigration and
Nationality Act) or supporting terrorism (as
defined in section 140(d)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1988
and 1989); and
``(ii) such Executive order refers to this
subsection.
``(3) Period of suspension.--With respect to any
organization described in paragraph (2), the period of
suspension--
``(A) begins on the later of--
``(i) the date of the first publication of
a designation or identification described in
paragraph (2) with respect to such
organization, or
``(ii) the date of the enactment of this
subsection, and
``(B) ends on the first date that all designations
and identifications described in paragraph (2) with
respect to such organization are rescinded pursuant to
the law or Executive order under which such designation
or identification was made.
``(4) Denial of deduction.--No deduction shall be allowed
under any provision of this title, including sections 170,
545(b)(2), 556(b)(2), 642(c), 2055, 2106(a)(2), and 2522, with
respect to any contribution to an organization described in
paragraph (2) during the period described in paragraph (3).
``(5) Denial of administrative or judicial challenge of
suspension or denial of deduction.--Notwithstanding section
7428 or any other provision of law, no organization or other
person may challenge a suspension under paragraph (1), a
designation or identification described in paragraph (2), the
period of suspension described in paragraph (3), or a denial of
a deduction under paragraph (4) in any administrative or
judicial proceeding relating to the Federal tax liability of
such organization or other person.
``(6) Erroneous designation.--
``(A) In general.--If--
``(i) the tax exemption of any organization
described in paragraph (2) is suspended under
paragraph (1),
``(ii) each designation and identification
described in paragraph (2) which has been made
with respect to such organization is determined
to be erroneous pursuant to the law or
Executive order under which such designation or
identification was made, and
``(iii) the erroneous designations and
identifications result in an overpayment of
income tax for any taxable year by such
organization,
credit or refund (with interest) with respect to such
overpayment shall be made.
``(B) Waiver of limitations.--If the credit or
refund of any overpayment of tax described in
subparagraph (A)(iii) is prevented at any time by the
operation of any law or rule of law (including res
judicata), such credit or refund may nevertheless be
allowed or made if the claim therefor is filed before
the close of the 1-year period beginning on the date of
the last determination described in subparagraph
(A)(ii).
``(7) Notice of suspensions.--If the tax exemption of any
organization is suspended under this subsection, the Internal
Revenue Service shall update the listings of tax-exempt
organizations and shall publish appropriate notice to taxpayers
of such suspension and of the fact that contributions to such
organization are not deductible during the period of such
suspension.''.
(b) Effective Date.--The amendments made by this section shall
apply to designations made before, on, or after the date of the
enactment of this Act. | Terrorist Tax Exemption Suspension Act of 2003 - Amends the Internal Revenue Code to suspends the tax-exempt status of a designated terrorist organization (as defined by this Act). Denies: (1) deductions for contributions made to such an organization; and (2) administrative or judicial challenge to such suspension or denial. Provides for refund or credit in a case of erroneous designation. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to suspend the tax exempt status of designated foreign terrorist groups, and for other purposes."} | 1,154 | 92 | 0.556977 | 1.385783 | 0.563376 | 2.205479 | 14.506849 | 0.917808 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Carbon and Other Aerosols
Research Act of 2009''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to develop a monitoring and research plan--
(A) to identify natural and anthropogenic sources
of black carbon and other aerosols and to monitor their
atmospheric and deposited concentrations on both a
temporal and a spatial scale;
(B) to measure, monitor, model, and assess black
carbon and other aerosols in regard to their
atmospheric concentrations and deposited forms--
(i) to establish how these substances
impact regional- and global-scale climate
change and air quality;
(ii) to determine their regional impacts,
with a focus on the polar regions and other
snow and ice covered areas; and
(iii) to estimate, in the United States and
globally, spatial and temporal black carbon and
other aerosol concentrations, and deposition
trends in collaboration with the National
Institute of Standards and Technology and other
appropriate partners; and
(C) to develop models to assist policy makers and
to increase understanding of--
(i) the transport and transformation of
black carbon and other aerosols to improve
knowledge of their distributions and climate-
forcing properties; and
(ii) the individual and combined roles of
black carbon and other aerosols on regional and
global climate change on both a temporal and a
spatial scale; and
(2) to establish a black carbon and other aerosols
monitoring and research program within the National Oceanic and
Atmospheric Administration.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Black carbon.--The term ``black carbon'' means the
strongly light absorbing aerosol that--
(A) is composed of fine particles containing carbon
produced by the incomplete combustion of fossil fuels,
biofuel, and biomass and other activities;
(B) exists in both atmospheric and deposited forms;
and
(C) is sometimes associated with impaired air
quality and climate change.
(3) Other aerosols.--The term ``other aerosols'' means the
components of atmospheric aerosols, fine particles suspended in
air, that contribute to climate-forcing and climate change,
including inorganic, organic, dust, and carbonaceous
substances, either separately or in combination.
SEC. 4. BLACK CARBON AND OTHER AEROSOLS MONITORING AND RESEARCH PLAN.
(a) In General.--The Administrator shall develop an observation,
monitoring, modeling, and research plan for black carbon and other
aerosols that includes--
(1) analysis of gaps in scientific methods and research
on--
(A) black carbon and other aerosols; and
(B) the effect of black carbon, both singly and in
combination with other factors, on climate change and
air quality on both a regional and a global scale;
(2) identification of priorities for Federal research on
black carbon and other aerosols necessary to understand their
role in climate change and air quality on both a regional and a
global scale;
(3) a framework for modeling--
(A) the temporal and spatial effects of black
carbon and other aerosols on climate, both singly and
in combination, on regional and global scales and
processes;
(B) the transportation and transformation of black
carbon and other aerosols to gain insight into their
distribution and climate-forcing properties; and
(C) the influence of black carbon on clouds and
cloud particles to understand and quantify their role
in large-scale circulation and the hydrologic cycle;
(4) appropriate methods that--
(A) identify sources of black carbon and other
aerosols, both anthropogenic and naturally occurring,
and
(B) measure, monitor, and increase understanding of
the atmospheric concentrations and properties as well
as the deposited forms,
on both a temporal and a spatial scale;
(5) a comparative evaluation of the global and regional
climate-forcing properties of black carbon and other aerosols
and their effect on regional and global climate change and the
loss of Arctic sea ice; and
(6) observation systems, needs, and assets necessary to
develop and implement a black carbon and other aerosols
monitoring and research program within the National Oceanic and
Atmospheric Administration.
(b) Advisory Panel.--The Administrator shall establish a Black
Carbon and Other Aerosols Advisory Panel to assist in the development
and implementation of the plan.
(c) Report.--No later than 270 days after the date of enactment of
this Act, the Administrator shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Science and Technology describing the plan
required by subsection (a).
SEC. 5. BLACK CARBON AND OTHER AEROSOLS RESEARCH AND MONITORING
PROGRAM.
(a) In General.--The Administrator shall establish and maintain a
black carbon and other aerosols monitoring and research program that
combines observations, research, monitoring, modeling, and other
activities within the National Oceanic and Atmospheric Administration,
consistent with the plan required by section 4(a), that includes--
(1) coordinated monitoring and research activities to
improve understanding of the sources, atmospheric
concentrations, deposited forms, and interactions among black
carbon and other aerosols that influence their contribution to
climate change processes on both a regional and a global scale;
(2) strategic modeling activities that improve
understanding of--
(A) the transportation and transformation of
aerosols, to improve knowledge of their distributions
and climate-forcing properties; and
(B) the separate and combined roles of black carbon
and other aerosols in regional and global climate
change and air quality, on regional, global and
temporal scales, to improve understanding of these
substances and their roles in climate change;
(3) educational opportunities that--
(A) encourage an interdisciplinary and
international approach to exploring the associated
sources and impacts of black carbon and other aerosols;
and
(B) increase interactions between the measurement
and modeling communities in order to optimize use of
available data;
(4) public outreach activities that improve understanding
of the current scientific knowledge of black carbon and other
aerosols and their impact on climate change;
(5) coordination of black carbon and other aerosols
monitoring research with the National Institute of Standards
and Technology and other appropriate international and national
government agencies, private entities, and others; and
(6) an assessment of the role black carbon and other
aerosols have in regional and global climate change and air
quality.
(b) Grant Program.--
(1) In general.--The Administrator shall establish a grant
program to provide grants for critical research and projects
that improve the ability to measure, monitor, model, and assess
black carbon and other aerosols with respect to their
atmospheric concentrations and deposited forms, including
research that supports means of reducing the impacts of black
carbon and other aerosols on climate.
(2) Consultation with panel.--The Administrator shall
consult with the Black Carbon and Other Aerosols Advisory
Panel, and shall work cooperatively with the National Institute
of Standards and Technology and other Federal agencies, to
establish criteria for such research and projects.
(3) Participation by federal agencies.--Federal agencies
may collaborate with, and participate in, such research and
projects to the extent requested by the grant recipient.
(4) Award process.--Grants under this subsection shall be
awarded extramurally through a competitive peer-reviewed,
merit-based process that may be conducted jointly with other
Federal agencies working on black carbon and aerosols and their
role in and relationship to climate change.
(c) Coordination With Other Agencies.--The Administrator shall
coordinate development of the plan under section 4 and the monitoring
and research program under subsection (a) of this section with the
National Institute of Standards and Technology and other relevant
Federal agencies.
(d) Additional Authority.--In conducting the program, the
Administrator may execute and perform such contracts, leases, grants,
or cooperative agreements as may be necessary to carry out the purposes
of this Act on such terms as the Administrator considers appropriate.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator for
each of fiscal years 2010 through 2015--
(1) $10,000,000 for grants under section 5(b); and
(2) $10,000,000 for the National Oceanic and Atmospheric
Administration to carry out the other provisions of this Act. | Black Carbon and Other Aerosols Research Act of 2009 - Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to: (1) develop an observation, monitoring, modeling, and research plan for black carbon and other aerosols that contribute to climate-forcing and climate change, which shall analyze research gaps, identify federal research priorities, include a framework for modeling effects on climate, identify sources, monitor atmospheric concentrations, and provide for assets necessary to develop a monitoring and research program; and (2) establish a Black Carbon and Other Aerosols Advisory Panel to assist in development and implementation of such plan.
Directs the Administrator to establish a black carbon and other aerosols monitoring and research program that combines observations, research, monitoring, modeling, and other activities within NOAA, consistent with such plan, and that includes: (1) coordinated monitoring and research activities to improve understanding of specified factors that influence the contribution of such substances to climate change processes; (2) strategic modeling activities to improve understanding of the transportation and transformation of such substances, their distributions and climate-forcing properties, and their roles in climate change and air quality; (3) educational opportunities that encourage an interdisciplinary and international approach to exploring such substances' associated sources and impacts; (4) public outreach activities; and (5) coordination of monitoring research with various agencies and entities.
Directs the Administrator to establish a program to provide grants for critical research and projects that improve the ability to measure, monitor, model, and assess such substances with respect to atmospheric concentrations and deposited forms, including research that supports means of reducing their impacts on climate. | {"src": "billsum_train", "title": "A bill to establish a black carbon and other aerosols research program in the National Oceanic and Atmospheric Administration that supports observations, monitoring, modeling, and for other purposes."} | 1,841 | 340 | 0.735345 | 2.205414 | 0.90056 | 4.911392 | 5.458861 | 0.962025 |
SECTION 1. PROHIBITION ON USE OF FUNDS TO PROVIDE COVERED ASSISTANCE TO
AL QAEDA, JABHAT FATEH AL-SHAM, AND ISIL, AND TO
COUNTRIES SUPPORTING THOSE ORGANIZATIONS.
(a) Prohibition With Respect to Al Qaeda, Jabhat Fateh al-Sham, and
Isil.--
(1) In general.--Notwithstanding any other provision of
law, no funds made available to any Federal department or
agency may be used to provide covered assistance to Al Qaeda,
Jabhat Fateh al-Sham, and ISIL, and any individual or group
that is affiliated with, associated with, cooperating with, or
adherents to such groups.
(2) Duties of dni.--The Director of National Intelligence--
(A) shall make initial determinations with respect
to whether or not an individual or group is, or has
been within the most recent 12 months prior to such
determination, affiliated with, associated with,
cooperating with, or is an adherent to Al Qaeda, Jabhat
Fateh al-Sham, or ISIL, under paragraph (1) not later
than 90 days after the date of the enactment of this
Act;
(B) shall, in consultation with the appropriate
congressional committees, review and make subsequent
determinations with respect to groups or individuals
under paragraph (1) every 6 months thereafter; and
(C) shall brief the appropriate congressional
committees on each determination with respect to a
group or individual under subparagraph (A) and the
justification for the determination, including by
providing--
(i) the geographic location of such group
or individual;
(ii) a detailed intelligence assessment of
such group or individual;
(iii) a detailed description of the
alignment and interaction of such group or
individual with Al Qaeda, Jabhat Fateh al-Sham,
or ISIL; and
(iv) a description of the ideological
beliefs of such group or individual.
(b) Prohibition With Respect to Supporting Countries.--
(1) In general.--Notwithstanding any other provision of
law, no funds made available to any Federal department or
agency may be used to provide covered assistance directly or
indirectly to the government of any country that the Director
of National Intelligence determines has within the most recent
12 months prior to such determination provided covered
assistance to Al Qaeda, Jabhat Fateh al-Sham, or the Islamic
State of Iraq and the Levant (ISIL), or any individual or group
that is affiliated with, associated with, cooperating with, or
is an adherent to those organizations, as determined under
subsection (a)(2)(A).
(2) Duties of dni.--The Director of National Intelligence--
(A) shall make initial determinations with respect
to countries under paragraph (1) not later than 90 days
after the date of the enactment of this Act;
(B) shall, in consultation with the appropriate
congressional committees, review and make subsequent
determinations with respect to countries under
paragraph (1) every 6 months thereafter; and
(C) shall brief the appropriate congressional
committees on each determination with respect to a
country under paragraph (1) and the justification for
the determination that Al Qaeda, Jabhat Fateh al-Sham,
or the Islamic State of Iraq and the Levant (ISIL), or
any individual or group that is affiliated with,
associated with, cooperating with, or is an adherent to
those organizations, is determined to be receiving
covered assistance from the government of the country--
(i) the geographic location of such
organization, group, or individual;
(ii) a detailed intelligence assessment of
such organization, group, or individual; and
(iii) a detailed description of the covered
assistance, the method of transfer of the
covered assistance, and use of covered
assistance.
(c) Additional Briefing Requirements.--The Director of National
Intelligence shall--
(1) in addition to carrying out subsection (a)(2)(C), brief
the appropriate congressional committees on--
(A) any other individual or group that the Director
considered in carrying out such subsection but did not
make a determination that the group or individual is
affiliated with, associated with, cooperating with, or
is an adherent to Al Qaeda, Jabhat Fateh al-Sham, or
ISIL; and
(B) the justification for not making the
determination; and
(2) in addition to carrying out subsection (b)(2)(C), brief
the appropriate congressional committees on--
(A) any other country that the Director considered
in carrying out such subsection but did not make a
determination that the country provided covered
assistance to Al Qaeda, Jabhat Fateh al-Sham, or the
Islamic State of Iraq and the Levant (ISIL), or any
individual or group that is affiliated with, associated
with, cooperating with, or adherents to those
organizations; and
(B) the justification for not making the
determination.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, and the Select Committee
on Intelligence of the Senate.
(2) Covered assistance.--The term ``covered assistance''
means--
(A) defense articles, defense services, training or
logistical support, or any other military assistance
provided by grant, loan, credit, transfer, or cash
sales;
(B) intelligence sharing; or
(C) cash assistance.
(3) Defense articles and defense services.--The terms
``defense articles'' and ``defense services'' have the meanings
given such terms in sections 47(3) and 47(4) of the Arms Export
Control Act (22 U.S.C. 2794 note), respectively. | This bill prohibits the use of federal agency funds to provide covered assistance to: (1) Al Qaeda, Jabhat Fateh al-Sham, the Islamic State of Iraq and the Levant (ISIL), or any individual or group that is affiliated with, associated with, cooperating with, or adherents to such groups; or (2) the government of any country that the Office of the Director of National Intelligence (ODNI) determines has, within the most recent 12 months, provided covered assistance to such a group or individual. "Covered assistance" is defined as: defense articles, defense services, training or logistical support, or any other military assistance provided by grant, loan, credit, transfer, or cash sales; intelligence sharing; or cash assistance. The ODNI shall: make, within 90 days after this bill's enactment, initial determinations about such countries and about whether an individual or group is, or has been within the most recent 12 months, affiliated with, associated with, cooperating with, or an adherent to Al Qaeda, Jabhat Fateh al-Sham, or ISIL; review and make subsequent determinations regarding such countries, groups, or individuals every 6 months in consultation with specified congressional committees; brief such committees on each determination; and brief such committees on any other country, individual, or group that the ODNI considered but did not make a determination that the the country provided covered assistance to, or that the group or individual is affiliated with, associated with, cooperating with, or an adherent to, Al Qaeda, Jabhat Fateh al-Sham, or ISIL. | {"src": "billsum_train", "title": "To prohibit the use of United States Government funds to provide assistance to Al Qaeda, Jabhat Fateh al-Sham, and the Islamic State of Iraq and the Levant (ISIL) and to countries supporting those organizations, and for other purposes."} | 1,310 | 362 | 0.786449 | 2.956653 | 0.768468 | 5.386581 | 3.785942 | 0.926518 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security and Freedom Ensured Act of
2003 (SAFE) Act''.
SEC. 2. LIMITATION ON ROVING WIRETAPS UNDER FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
Section 105(c) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting before the
semicolon the following: ``, however, if the identity
is unknown, the facilities and places shall be
specified''; and
(B) in subparagraph (B), by inserting before the
semicolon the following: ``, however, if any of the
facilities or places are unknown, the identity of the
target shall be specified''; and
(2) in paragraph (2)(A), by inserting before the semicolon
the following: ``, and, in cases where the facility or place at
which the surveillance is to be directed is not known at the
time the order is issued, that the surveillance be conducted
only when the presence of the target at a particular facility
or place has been ascertained by the person conducting the
surveillance''.
SEC. 3. LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH WARRANTS.
Section 3103a of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``may have an
adverse result (as defined in section 2705)'' and
inserting ``will endanger the life or physical safety
of an individual, result in flight from prosecution, or
result in the destruction of or tampering with the
evidence sought under the warrant''; and
(B) in paragraph (3), by striking ``a reasonable
period'' and all that follows and inserting ``seven
calendar days, which period, upon application of the
Attorney General, the Deputy Attorney General, or an
Associate Attorney General, may thereafter be extended
by the court for additional periods of up to seven
calendar days each if the court finds, for each
application, reasonable cause to believe that notice of
the execution of the warrant will endanger the life or
physical safety of an individual, result in flight from
prosecution, or result in the destruction of or
tampering with the evidence sought under the
warrant.''; and
(2) by adding at the end the following new subsection:
``(c) Reports.--(1) On a semiannual basis, the Attorney General
shall transmit to Congress and make public a report concerning all
requests for delays of notice, and for extensions of delays of notice,
with respect to warrants under subsection (b).
``(2) Each report under paragraph (1) shall include, with respect
to the preceding six-month period--
``(A) the total number of requests for delays of notice
with respect to warrants under subsection (b);
``(B) the total number of such requests granted or denied;
and
``(C) for each request for delayed notice that was granted,
the total number of applications for extensions of the delay of
notice and the total number of such extensions granted or
denied.''.
SEC. 4. PRIVACY PROTECTIONS FOR LIBRARY, BOOKSELLER, AND OTHER PERSONAL
RECORDS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978.
(a) Applications for Orders.--Subsection (b) of section 501 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) shall specify that there are specific and articulable
facts giving reason to believe that the person to whom the
records pertain is a foreign power or an agent of a foreign
power.''.
(b) Orders.--Subsection (c)(1) of that section is amended by
striking ``finds'' and all that follows and inserting ``finds that--
``(A) there are specific and articulable facts giving
reason to believe that the person to whom the records pertain
is a foreign power or an agent of a foreign power; and
``(B) the application meets the other requirements of this
section.''.
(c) Oversight of Requests for Production of Records.--Section 502
of that Act (50 U.S.C. 1862) is amended--
(1) in subsection (a), by striking ``the Permanent'' and
all that follows through ``the Senate'' and inserting ``the
Permanent Select Committee on Intelligence and the Committee on
the Judiciary of the House of Representatives and the Select
Committee on Intelligence and the Committee on the Judiciary of
the Senate''; and
(2) in subsection (b), by striking ``On a semiannual
basis,'' and all that follows through ``a report setting
forth'' and inserting ``The report of the Attorney General to
the Committees on the Judiciary of the House of Representatives
and the Senate under subsection (a) shall set forth''.
SEC. 5. PRIVACY PROTECTIONS FOR COMPUTER USERS AT LIBRARIES UNDER
NATIONAL SECURITY AUTHORITY.
Section 2709 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' before ``A wire or
electronic communication service provider''; and
(B) by adding at the end the following new
paragraph:
``(2) A library shall not be treated as a wire or
electronic communication service provider for purposes of this
section.''; and
(2) by adding at the end the following new subsection:
``(f) Library Defined.--In this section, the term `library' means a
library (as that term is defined in section 213(2) of the Library
Services and Technology Act (20 U.S.C. 9122(2)) whose services include
access to the Internet, books, journals, magazines, newspapers, or
other similar forms of communication in print or digitally to patrons
for their use, review, examination, or circulation.''.
SEC. 6. MODIFICATION OF DEFINITION OF DOMESTIC TERRORISM.
(a) Modification.--Section 2331(5) of title 18, United States Code,
is amended--
(1) by striking subparagraphs (A) and (B) and inserting the
following new subparagraph (A):
``(A) involve acts dangerous to human life that
constitute a Federal crime of terrorism (as that term
is defined in section 2332b(g)(5) of this title);
and''; and
(2) by redesignating subparagraph (C) as subparagraph (B).
(b) Construction.--Nothing in section 2331 of title 18, United
States Code, shall be construed to prohibit a State from enforcing the
laws of the State relating to terrorism.
SEC. 7. EXTENSION OF PATRIOT SUNSET PROVISION.
Section 224(a) of the USA PATRIOT ACT of 2001 (Public Law 107-56;
115 Stat. 295) is amended by striking ``213, 216, 219,'' and inserting
``and section 505'' after ``by those sections)''. | Security and Freedom Ensured Act of 2003 (SAFE Act) - Amends the USA PATRIOT Act to modify provisions regarding roving wiretaps under the Foreign Intelligence Surveillance Act of 1978 (FISA) to require that: (1) an order approving an electronic surveillance specify either the identity of the target or the place to be wiretapped; and (2) surveillance be conducted only when the suspect is present at the place to be wiretapped.
Revises provisions governing search warrants authorized under the USA PATRIOT ACT to: (1) limit the authority to delay notice of the issuance of such a search warrant to circumstances where providing immediate notice of the warrant will endanger the life or physical safety of an individual, result in flight from prosecution, or result in the destruction of or tampering with the evidence sought under the warrant; and (2) require such delayed notification to be issued within seven days (currently, within a "reasonable period") after execution, with extensions by the court for additional periods of up to seven calendar days each time that the court finds reasonable cause to believe that notice of the execution of the warrant would have such consequences. Requires the Attorney General, on a semiannual basis, to transmit to Congress and make public a report concerning all requests for delays of notice and for extensions of such delays.
Amends FISA to require, with respect to access by the Federal Bureau of Investigation to business records for foreign intelligence and international terrorism investigations, that there be specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or agent.
Provides that libraries shall not be treated as wire or electronic communication service providers under provisions granting counterintelligence access to provider subscriber information, toll billing records information, or electronic communication transactional records.
Redefines "domestic terrorism" to mean activities that involve acts dangerous to human life that constitute a Federal crime of terrorism (currently, that violate criminal laws). | {"src": "billsum_train", "title": "To amend the Foreign Intelligence Surveillance Act of 1978 and title 18, United States Code, to strengthen protections of civil liberties in the exercise of the foreign intelligence surveillance authorities under Federal law, and for other purposes."} | 1,715 | 428 | 0.608155 | 1.997271 | 0.748487 | 3.637097 | 4.072581 | 0.841398 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Protection Act of 1997''.
SEC. 2. ESTABLISHMENT OF TELEPHONE ACCESS TO DATABASE.
Subtitle A of title XVII of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071 et seq.) is amended by adding
at the end the following new section:
``SEC. 170103. TELEPHONE ACCESS TO FBI DATABASE.
``(a) Establishment.--(1) The Attorney General shall establish,
publicize, and operate a national telephone service by which a person
(as defined in subsection (f)(2)) may request the information described
in paragraph (2).
``(2) The information described in this paragraph is whether an
individual (as defined in subsection (f)(3)), other than a victim of an
offense that requires registration under this subtitle, is listed in
the database established under section 170102.
``(b) Description of Individual.--The Attorney General shall not
disclose the information described in subsection (a)(2) unless the
person seeking such information provides his or her full name, the full
name of the individual, and one or more of the following:
``(1) The address of the individual's residence.
``(2) The individual's Social Security number.
``(3) The individual's driver's license number or the
number the identification card issued by State or local
authorities in lieu of a driver's license.
``(4) The individual's date of birth.
``(5) Such other information as the Attorney General
determines to be appropriate for purposes of identification of
the individual.
``(c) Notice to Caller.--Prior to disclosing information described
in subsection (a)(2), and without charging a fee for the same, the
Attorney General shall provide the following general information in the
form of a recorded message:
``(1) The requirements described in subsection (b).
``(2) The fee for the use of the telephone service.
``(3) A warning that information received pursuant to such
request may not be misused, as described in subsection (e), and
notice of the penalties for such misuse of the information.
``(4) A warning that the service is not be available to
persons under 18 years of age.
``(5) Such other information as the Attorney General
determines to be appropriate.
``(d) Fees for Use of Service.--
``(1) Fee for access to information in database.--The
Attorney General shall charge a fee for each use of the service
for information described in subsection (a) from the service.
``(2) Limitation on number of requests.--A person may not
make more than two requests for such information per use of the
service.
``(3) Use of fees to defray expenses of service.--Moneys
received under paragraph (1) shall be used to pay for the
expenses of the operation of the service.
``(4) Surplus funds from fees.--With respect to any money
remaining after the payment of the expenses of the operation of
the service, the Attorney General shall--
``(A) deposit such money in the general fund of the
Treasury; or
``(B) use such money to reduce the amount of the
fee charged under this subsection.
``(e) Penalties for Misuse of Information.--
``(1) Prohibitions.--Whoever, having obtained information
described in subsection (a)(2) from the service, knowingly uses
such information--
``(A) for any purpose other than to protect a minor
at risk; or
``(B) with respect to insurance, housing, or any
other use that the Attorney General may determine--
``(i) is unnecessary for the protection of
a minor at risk or;
``(ii) which creates a disproportionate
prejudicial effect,
shall be punished as provided in paragraph (2).
``(2) Civil penalty.--Each person who violates the
provisions of paragraph (1) shall be subject to a civil penalty
imposed by the Attorney General of not more than $1,000 for
each violation.
``(f) Definitions.--As used in this section:
``(1) Minor at risk.--The term `minor at risk' means a
minor, as that term is defined in section 2256(1) of title 18,
United States Code, who is or may be in danger of becoming a
victim of an offense, for which registration is required under
this subtitle, by an individual about whom the information
described in subsection (a)(2) is sought.
``(2) Person.--The term `person' means a person who
requests the information described in subsection (a)(2).
``(3) Individual.--The term `individual' means an
individual who is required to register under this subtitle.''. | Child Protection Act of 1997 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct the Attorney General to establish, publicize, and operate a national telephone service by which individuals may gain access to the Federal Bureau of Investigation database that tracks the movement and whereabouts of sex offenders.
Sets forth requirements regarding: (1) information that may not be disclosed; (2) notice to callers of fees, penalties for misuse of such information, and unavailability of the service to persons under age 18; (3) fees for use of the service; (4) limitations on the number of requests; (5) prohibited uses of such information; and (6) civil penalties imposed by the Attorney General of up to $1,000 per violation. | {"src": "billsum_train", "title": "Child Protection Act of 1997"} | 1,060 | 155 | 0.555303 | 1.603529 | 0.76624 | 2.72973 | 6.858108 | 0.837838 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Hemisphere Environmental,
Labor, and Agricultural Standards Act of 1993''.
SEC. 2. PRINCIPAL NEGOTIATING OBJECTIVES OF THE UNITED STATES.
In addition to the overall and principal trade negotiating
objectives of the United States set forth in section 1101 of the
Omnibus Trade and Competitiveness Act of 1988, the purposes, policies,
and objectives of title I of such Act of 1988 that are applicable with
respect to any free-trade area trade agreement negotiated under the
authority of such title I in furtherance of the Enterprise for the
Americas Initiative with any country in the Western Hemisphere outside
North America (hereinafter referred to as the ``EAFTA'') include the
achievement of the following principal negotiating objectives:
(1) Worker rights and standards and protection.--With a
view to establishing open, expanding mutually-beneficial trade
among the countries of the Western Hemisphere, to spreading the
benefits of such trade as widely as possible, to protecting
citizens interests, and to enhancing respect for human rights
throughout the Western Hemisphere, the principal negotiating
objectives of the United States with respect to worker rights
and standards, and the protection thereof, in the conduct of
international trade, commerce, and finance are--
(A) to ensure freedom of association and to affirm
the vital role that free and independent unions play in
democratic governance;
(B) to ensure the rights of working people to
organize, to bargain collectively, and to strike, and
to ensure the right of workers' representatives to
legal protection in the free exercise of their duties
and fundamental human rights;
(C) to establish a minimum age for the employment
of children--
(i) at 14 years if the employment will not
result in the neglect of their education and
will not harm their health and well-being, and
(ii) at 18 years if the employment involves
the use of, or exposure to, hazardous equipment
or toxic chemical substances, but only if the
use or exposure will not pose long-term risks
to their health and safety;
(D) to ensure the right to health at the workplace
and to a healthy working environment, including freedom
from exposure to toxic substances;
(E) to guarantee the right of all workers to equal
protection, including freedom from discrimination in
wages or working conditions, regardless of their
nationality, race, religion, age, or sex; and
(F) to guarantee humane standards of wages and
hours of work that take into account different levels
of national economic development, but provide for
improvement concurrently with gains in productivity.
(2) Environmental quality and protection.--In recognition
of the shared responsibility of the countries of the Western
Hemisphere as stewards responsible for, and our common interest
in, preserving and sustaining the Western Hemisphere's natural
habitat and resources over time, the principal negotiating
objectives of the United States with respect to environmental
quality and protection are--
(A) the protection of environmental quality and of
the integrity of ecosystems, as well as the maintenance
of scarce biological and physical resources, in the
conduct of international trade, commerce, and finance;
(B) the establishment of a process for the full and
public disclosure of the kinds, quantities, and risks
associated with toxic chemical and hazardous substance
discharges into the air, water, and land;
(C) the prevention of the export of toxic and
hazardous substances and products, such as carcinogens
and unsafe drugs, that are banned in the country of
origin;
(D) the prevention of the export of products
(unless remediation or repatriation contracts already
exist) manufactured, extracted, harvested, or grown
under environmental conditions or workplace safety and
health conditions that undermine counterpart standards,
particularly those applicable to the counterpart
industry in the importing country or the counterpart
standards, in general, in the importing country; and
(E) to require that industries within their
national borders reduce the amount and toxicity of
hazardous substances that they use, minimize the amount
and toxicity of wastes they generate, and demonstrate
publicly their use of best available technology for
pollution abatement in their production processes.
(3) Unfair trade practices.--In acknowledging different,
evolving comparative advantages among trading nations, but with
a view to distinguishing between acceptable and unacceptable
means of competition among trading nations, the principal
negotiating objectives of the United States with respect to
unfair trade practices shall include the adoption, as a
principle, that the systematic denial or practical negation of
the protections accorded worker rights and standards and
environmental quality (within the context of paragraphs (1) and
(2)) as a means for any country or its industries to gain
competitive advantage in international trade, commerce, and
finance is an actionable unfair trade practice.
(4) Comprehensive dispute resolution.--The principal
negotiating objectives of the United States are to achieve a
process for the settlement of disputes that arise between or
among the signatories with respect to unfair trade practices,
including not only those involving commonly identified unfair
trade barriers, but unfair practices, within the context of the
negotiating objectives listed in paragraphs (1), (2), and (3)
involving the systematic denial or practical negation of worker
rights and standards and failure to apply or enforce standards
relating to environmental quality or protection, resulting in
distortions to international trade, commerce, and finance. Such
a process shall include--
(A) notification by each signatory nation to the
other signatories regarding changes in law or practice
that will materially affect the agreement;
(B) provision, on a sequential basis and subject to
reasonable time limits, for consultation between or
among signatories, for mediation, and, if necessary,
for binding arbitration;
(C) the establishment of a multilateral commission,
with authority to investigate, adjudicate, and issue
binding judgments in a timely manner regarding the
issues in dispute pursuant to subparagraph (B)--
(i) that consists of equal numbers of
experts from the signatory nations (with United
States experts being subject to the advice and
consent of the United States Senate), and
(ii) the chairmanship of which will be
filled by individuals who--
(I) are citizens of the respective
signatories,
(II) serve on a rotational basis
among the signatories for 2-year terms,
but no individual may serve in such
office for more than one term, and
(III) are appointed to such office
by the respective chief executive
officers of the signatories (and any
chairperson appointed from the United
States is subject to the advice and
consent of the United States); and
(D) provision for the multilateral commission, in
its proceedings and deliberations, to consult with a
wide array of representative organizations, in addition
to government agencies, with expertise in labor,
environmental, agricultural, and scientific matters in
each of the signatory nations;
(E) provision for the multilateral commission to
enforce its judgments, as appropriate, by authorizing
an aggrieved signatory nation to--
(i) suspend, withdraw, or prevent the
application of, the benefits of trade agreement
concessions to carry out the EAFTA with the
offending signatory nation,
(ii) impose proportionate duties on
specific products, companies, or industries, or
other offsetting import restrictions on the
goods of, and offsetting fees or restrictions
on the services of, the offending signatory
nation for such time as the multilateral
commission determines, or
(iii) enter into binding agreements with
the offending signatory nation that commit such
nation to--
(I) eliminate, or phase out, the
act, policy, or practice that
constitutes an unfair trade practice
and that is the subject of the action
to be taken under clause (i) or (ii),
(II) eliminate any burden or
restriction on Western Hemisphere
trade, as defined in the EAFTA,
resulting from such unfair trade
practice,
(III) provide the aggrieved
signatory nation with compensatory
trade benefits that are satisfactory to
the multilateral commission and meet
the requirements of subparagraph (F),
or
(IV) enter into debt-for-science
exchanges, or similar arrangements, as
appropriate, that are satisfactory to
the multilateral commission and that
serve, as potential funding sources for
remedies recommended under paragraph
(5), to ameliorate the issues in
dispute pursuant to subparagraph (B);
(F) provision that any binding agreement described
in subparagraph (E)(iii)(III) provide compensatory
trade benefits (including, but not limited to,
appropriate fees on trans-border movements of products,
services, or capital) that benefit the economic sector
which includes the domestic industry in the aggrieved
signatory nation that would benefit from the
elimination of the act, policy, or practice that
constitutes an unfair trade practice and that is the
subject of the action to be taken under subparagraph
(E), or benefit the economic sector within the
aggrieved signatory nation as closely related as
possible to such sector, unless--
(i) the provision of such trade benefits is
not feasible, or
(ii) trade benefits that benefit any other
economic sector within the aggrieved signatory
nation would be clearly and substantially more
satisfactory than such trade benefits;
(G) provision for the trinational commission, in
taking action against unfair trade practices, as
defined in the EAFTA, to avoid diminishing higher
protections accorded worker rights and standards and
environmental quality and protection and to give
preference to the prompt elimination of the act,
policy, or practice at issue over--
(i) the imposition of duties or other
offsetting import restrictions or compensatory
trade benefits, or
(ii) the entering into of debt relief
arrangements described in subparagraph
(E)(iii)(IV);
(H) provision for the government of any signatory
nation or any informed person within a signatory nation
to file a petition requesting the multilateral
commission to take action under subparagraph (E)
against any unfair trade practice, including the
systematic denial or practical negation of worker
rights and standards and failure to apply or enforce
standards relating to environmental quality or
protection (referred to in paragraphs (1) and (2)), and
setting forth the allegations in support of the request
in public hearings and written testimony; and
(I) provision for the proceedings, record, and
decisions (along with the supporting rationale) of the
multilateral commission to be made public information.
(5) Technical advice and recommendations.--
(A) Interagency committee.--The Director of the
Office of Science and Technology shall establish,
through the Federal Coordinating Council on Science,
Engineering, and Technology, an interagency committee
to provide technical assistance, advice, and
recommendations to United States experts on the
multilateral commission. The interagency committee
shall include one representative from each of the
following agencies:
(i) The National Science Foundation.
(ii) The Environmental Protection Agency.
(iii) The Department of Labor.
(iv) The Department of the Interior.
(v) The Department of Agriculture.
(vi) The Department of Energy.
(vii) The National Institute of Standards
and Technology.
(viii) The Department of Justice.
(B) Specific functions.--In addition to the general
functions referred to in subparagraph (A), the
interagency committee shall evaluate the scientific and
technological aspects of certain disputes brought
before the multilateral commission that pertain to
environmental quality and protection and to workplace
safety and health, and shall determine if violations
related to the disputes reflect--
(i) inadequate or insufficient application
of known technologies and techniques for
mitigation of the violations, or
(ii) need for additional research on, and
the development of, new technologies and
techniques for mitigation of the violations.
Consistent with paragraph (4)(G), and after
consultations with State and local government officials
and a wide array of representative organizations with
expertise in environmental, labor, agricultural and
scientific matters, the interagency committee will
recommend to the United States experts on the
multilateral commission, when appropriate, specific
technological remedies to eliminate violations or
further research that is needed to develop scientific
and technological remedies. | Western Hemisphere Environmental, Labor, and Agricultural Standards Act of 1993 - Declares that any free-trade area agreement negotiated under the Omnibus Trade and Competitiveness Act of 1988 (OTCA) in furtherance of the Enterprise for the Americas Initiative with any country in the Western Hemisphere outside North America must include the achievement of certain environmental, labor, and agricultural standards as principal negotiating objectives in addition to any other OTCA mandates.
Sets forth worker rights and standards, including among others: (1) freedom of association and the right to organize free and independent unions, bargain collectively, and strike; (2) certain minimum ages for the employment of children in specified circumstances; (3) the right to a healthy working environment; (4) equal protection; and (5) humane standards of wages and hours of work.
Sets forth principal negotiating objectives for environmental quality and protection, including among others: (1) protection of the integrity of ecosystems; (2) a process for full public disclosures of kinds, quantities, and risks of toxic chemical and hazardous substance discharges; and (3) prevention of the export of toxic and hazardous substances and products, and of products manufactured, extracted, or grown under environmental or workplace safety and health conditions that undermine comparable standards in the importing country.
Requires adoption, in any such agreement, of the principle that systematic denial or practical negation of such labor and environmental standards constitutes an actionable unfair trade practice.
Requires any such agreement to establish a comprehensive dispute resolution process with specified provisions, including one for a multilateral commission with authority to investigate, adjudicate, and issue timely binding judgments.
Requires the Director of the Office of Science and Technology to establish, through the Federal Coordinating Council on Science, Engineering, and Technology, an interagency committee to provide technical assistance to U.S. experts on the multilateral dispute resolution commission. | {"src": "billsum_train", "title": "Western Hemisphere Environmental, Labor, and Agricultural Standards Act of 1993"} | 2,583 | 400 | 0.594243 | 2.112803 | 0.862045 | 3.627778 | 7 | 0.933333 |
SECTION 1. TRANSIT TECHNICAL CORRECTIONS.
(a) Section 5302.--Section 5302(a)(10) of title 49, United States
Code, is amended by striking ``charter,'' and inserting ``charter,
sightseeing,''.
(b) Section 5303.--Section 5303 of title 49, United States Code, is
amended--
(1) in subsection (j)(3)(D), by--
(A) inserting ``or the identified phase'' before
``within the time''; and
(B) inserting ``or the identified phase'' before
the period; and
(2) in subsection (k)(2), by striking ``a metropolitan
planning area serving''.
(c) Section 5307.--Section 5307(b) of title 49, United States Code,
is amended--
(1) in paragraph (2)(A) by striking ``mass transportation''
and inserting ``public transportation''; and
(2) in paragraph (3) by striking ``section 5305(a)'' and
inserting ``section 5303(k)''.
(d) Section 5309.--Section 5309(m) of title 49, United States Code,
is amended--
(1) in the heading for paragraph (2)(A) by striking ``Major
capital'' and inserting ``Capital''; and
(2) in paragraph (7)(B) by striking ``section 3039'' and
inserting ``section 3045''.
(e) Section 5311.--Section 5311 of title 49, United States Code, is
amended--
(1) in subsection (g)(1)(A) by striking ``for any purpose
other than operating assistance'' and inserting ``for a capital
project or project administrative expenses'';
(2) in subsections (g)(1)(A) and (g)(1)(B) by striking
``capital'' after ``net''; and
(3) in subsection (i)(1) by striking ``Sections
5323(a)(1)(D) and 5333(b) of this title apply'' and inserting
``Section 5333(b) applies''.
(f) Section 5312.--The heading for section 5312(c) of title 49,
United States Code, is amended by striking ``Mass Transportation'' and
inserting ``Public Transportation''.
(g) Section 5314.--Section 5314(a)(3) of title 49, United States
Code, is amended by striking ``section 5323(a)(1)(D)'' and inserting
``section 5333(b)''.
(h) Section 5319.--Section 5319 of title 49, United States Code, is
amended by striking ``section 5307(k)'' and inserting ``section
5307(d)(1)(K)''.
(i) Section 5320.--Section 5320 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively;
(B) by inserting after ``(a) In
General.--'' the following:
``(1) Program name.--The program authorized by this section
shall be known as the Paul S. Sarbanes Transit in Parks
Program.''; and
(C) in paragraph (2)(A), as redesignated, by
striking ``intra-agency'' and inserting
``intraagency'';
(2) in subsection (b)(5)(A), by striking ``5302(a)(1)(A)''
and inserting ``5302(a)(1)'';
(3) in subsection (d)(1), by inserting ``to administer this
section and'' after ``5338(b)(2)(J)''; and
(4) in subsection (d), by adding at the end the following:
``(4) Transfers to land management agencies.--The Secretary
may transfer amounts available under paragraph (1) to the
appropriate Federal land management agency to pay necessary
costs of the agency for such activities described in paragraph
(1) in connection with activities being carried out under this
section.''.
(j) Section 5323.--Section 5323(n) of title 49, United States Code,
is amended by striking ``section 5336(e)(2)'' and inserting ``section
5336(d)(2)''.
(k) Section 5325.--Section 5325(b) of title 49, United States Code,
is amended--
(1) in paragraph (1), by inserting before the period at the
end ``adopted before August 10, 2005'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(l) Section 5336.--
(1) Apportionments of formula grants.--Section 5336 of
title 49, United States Code, is amended--
(A) in subsection (a) by striking ``Of the amount''
and all that follows before paragraph (1) and inserting
``Of the amount apportioned under subsection (i)(2) to
carry out section 5307--'';
(B) in subsection (d)(1) by striking ``subsections
(a) and (h)(2) of section 5338'' and inserting
``subsections (a)(1)(C)(vi) and (b)(2)(B) of section
5338''; and
(C) by redesignating subsection (c), as added by
section 3034(c) of Public Law 109-59 (119 Stat. 1628),
as subsection (k).
(2) Technical amendments.--Section 3034(d)(2) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1629), is amended by striking
``paragraph (2)'' and inserting ``subsection (a)(2)''.
(m) Section 5337.--Section 5337(a) of title 49, United States Code,
is amended by striking ``for each of fiscal years 1998 through 2003''
and inserting ``for each of fiscal years 2005 through 2009''.
(n) Section 5338.--Section 5338(d)(1)(B) of title 49, United States
Code, is amended by striking ``section 5315(a)(16)'' and inserting
``section 5315(b)(2)(P)''.
(o) SAFETEA-LU.--
(1) Section 3037.--Section 3037(c)(10) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1636) is amended by striking
``Middle Rio Grande Coalition of governments, Albuquerque to
Santa Fe corridor study'' and inserting ``Mid-Region Council of
Governments, New Mexico, public transportation buses, bus-
related equipment and facilities, and intermodal terminals in
Albuquerque and Santa Fe under the terms and conditions of
section 5309 of title 49, United States Code.''.
(2) Section 3040.--Section 3040(4) of such Act (119 Stat.
1639) is amended by striking ``$7,871,895,000'' and inserting
``$7,872,893,000''.
(3) Section 3043.--
(A) San diego.--Section 3043(c)(105) of such Act
(119 Stat. 1645) is amended by striking ``LOSSAN Del
Mar-San Diego Rail--Corridor Improvements'' and
inserting ``LOSSAN Rail Corridor Improvements''.
(B) San diego.--Section 3043(c)(217) of such Act
(119 Stat. 1648) is amended by striking ``San Diego''
and inserting ``San Diego Transit''.
(C) Los angeles.--
(i) Phase 1.--Section 3043(b)(13) of such
Act (119 Stat. 1642) is amended to read as
follows:
``(13) Los Angeles--Exposition LRT (Phase 1).''.
(ii) Phase 2.--Section 3043(c) of such Act
(119 Stat. 1645) is amended by inserting after
paragraph (104) the following:
``(104A) Los Angeles--Exposition LRT (Phase 2).''.
(D) Boston.--Section 3043(d)(6) of such Act (119
Stat. 1649) is amended to read as follows:
``(6) Boston-Silver Line Phase III, $20,000,000.''.
(E) Project construction grants.--Section 3043(e)
of such Act (119 Stat. 1651) is amended by adding at
the end the following:
``(4) Project construction grants.--Projects recommended by
the Secretary for a project construction grant agreement under
section 5309(e) of title 49, United States Code, or for funding
under section 5309(m)(2)(A)(i) of such title during fiscal year
2008 and fiscal year 2009 are authorized for preliminary
engineering, final design, and construction for fiscal years
2007 through 2009.''.
(4) Section 3044.--The table contained in section 3044(a)
of such Act (119 Stat. 1652) is amended--
(A) in item number 487 by striking ``Central
Arkansas Transit Authority Facility Upgrades'' and
inserting ``Central Arkansas Transit Authority Bus
Acquisition'';
(B) in item number 491 by amending the item to read
as follows: ``PACE, IL, Cermak Road, Bus Rapid Transit,
and related bus projects, and alternatives analysis'';
(C) in item number 512 by striking ``Corning, NY,
Phase II Corning Preserve Transportation Enhancement
Project'' and inserting ``Transportation Center
Enhancements, Corning, NY'';
(D) in item number 534 by striking ``Community
Buses'' and inserting ``Bus and Bus Facilities'';
(E) in item number 541 by striking ``Intermodal
Ferry Dock'' and inserting ``Gartina Highway Bus
Stops''; and
(F) in item number 570 by striking ``Maine
Department of Transportation-Acadia Intermodal
Facility'' and inserting ``MaineDOT Acadia Intermodal
Passenger and Maintenance Facility''.
(5) Section 3046.--Section 3046(a)(7) of such Act (119
Stat. 1708) is amended--
(A) by striking ``hydrogen fuel cell vehicles'' and
inserting ``hydrogen fueled vehicles'';
(B) by striking ``hydrogen fuel cell employee
shuttle vans'' and inserting ``hydrogen fueled employee
shuttle vans''; and
(C) by striking ``in Allentown, Pennsylvania'' and
inserting ``to the DaVinci Center in Allentown,
Pennsylvania''.
(6) Section 3050.--Section 3050(b) of such Act (119 Stat.
1713) is amended by inserting ``by negotiating the extension of
the existing agreement between mile post 191.13 and mile post
185.1 to mile post 165.9 in Rhode Island'' before the period at
the end.
(7) Extensions.--
(A) Los angeles.--In evaluating the local share of
the project authorized by section 3043(c)(104A) of such
Act, as added by this Act, in the rating process under
section 5309 of title 49, United States Code, the
Secretary of Transportation shall give consideration to
project elements of the project authorized by section
3043(b)(13) of such Act advanced with 100 percent non-
Federal funds.
(B) San gabriel valley.--In evaluating the local
share of Phase II of the project authorized by section
3043(b)(33) of such Act (119 Stat. 1642) in the rating
process under section 5309 of title 49, United States
Code, the Secretary of Transportation shall give
consideration to project elements of Phase I of such
project advanced with 100 percent non-Federal funds.
(p) TEA-21.--Section 3012(c)(1) of the Transportation Equity Act
for the 21st Century (112 Stat. 358) is amended by striking ``to be
used only for the completion of the program to develop and deploy a new
Advanced Propulsion Control System begun under the Request for
Technical Proposals for Project S-2814-2'' and inserting ``to develop
and deploy new technology for the Silverliner IV Regional Rail Cars,
including a Propulsion Control System, Trainline Door Control Relay
Panel, HVAC Control Upgrade, Blending Valve, and related
improvements''. | Makes technical corrections to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users or SAFETEA-LU and other laws related to public transportation.
Excludes sightseeing from the term "public transportation."
Names a certain program authorizing the Secretary of Transportation (Secretary) to carry out qualified projects to enhance the protection and enjoyment of national parks and public lands as the Paul S. Sarbanes Transit in Parks Program.
Makes specified allocations for fixed guideway modernization through FY2009.
Increases the total obligation ceiling for FY2008 for the Mass Transit Account.
Makes specified changes to: (1) a certain project designated under the alternative analysis program; (2) certain project authorizations for new fixed guideway capital projects; (3) certain projects for bus and bus-related facilities; (4) the hydrogen fuel cell shuttle deployment demonstration program; and (5) the Advanced Propulsion Control System program.
Directs the Secretary to resolve the delay of a certain commuter rail extension in Rhode Island by negotiating the extension of the existing agreement of a specified segment of such project.
Requires the Secretary to take certain additional factors into consideration when evaluating the local matching share of costs for the extension of certain light rail lines. | {"src": "billsum_train", "title": "An original bill to make technical corrections to SAFETEA-LU and other related laws relating to transit."} | 2,883 | 264 | 0.413086 | 1.271187 | 0.676524 | 1.953586 | 9.877637 | 0.71308 |
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