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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovation Corps Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The acceleration of artificial intelligence is enabling
the automation of jobs that have traditionally required human
labor.
(2) Such automation opens up new opportunities for
individuals, the economy, and society, but such automation also
has the potential to disrupt the employment landscape for
millions of people in the United States.
(3) The potential for artificial intelligence to improve
the livelihoods and quality of life for the United States
workforce over the long run depends on the institutions and
policies in place.
(4) Job training for dislocated workers in the skills
needed in the innovation economy will be critical to
maintaining the stability of the larger economy and individual
families.
(5) Young people are often well equipped to adapt to
changes in technology and may be able to provide unique
expertise in retraining dislocated workers.
(6) The outstanding balance of Federal student loans now
exceeds $1 trillion. This debt burden is limiting the ability
of recent graduates to fully participate in the economy.
SEC. 3. JOB-TRAINING GRANT PROGRAM FOR WORKERS DISPLACED BY AUTOMATION.
(a) Establishment.--The Secretary of Commerce, in consultation with
the Chief Executive Officer of the Corporation for National and
Community Service, shall establish a competitive program to make grants
to institutions of higher education to establish or enhance education
programs that retrain workers displaced from their jobs by automation
to provide such workers with skills needed for jobs in the STEM fields.
(b) Management Plan.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than every 5 years
thereafter, the Secretary shall submit to the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate a
management plan for the grant program established under this section.
The plan shall include the organization, structure, and funding
profiles of the grant program for the 6 years following the submission
of the plan.
(c) Eligibility.--The Secretary may only make a grant under this
section to an institution of higher education that submits an
application at such time, in such form, and accompanied by such
information and assurances as the Secretary may require.
(d) Use of Funds.--An institution of higher education that receives
a grant under this section shall use the grant funds for one or more
education programs that retrain workers displaced, or at risk of future
displacement, from their jobs by automation in order to enable such
workers to reenter the workforce in jobs in the STEM fields.
(e) Conditions for Receipt of Grant Funds.--An institution of
higher education may not receive grant funds under this section unless
the institution meets the following requirements:
(1) The institution certifies that each education program
for which the institution receives grant funds provides workers
with training in skills needed for jobs in the STEM fields.
(2) The institution uses graduate volunteers to assist with
the education program for which the institution receives grant
funds.
(f) Maximum Amount of Grant.--A grant under this section may not
exceed $5,000,000.
(g) Rules Prescribing Selection Criteria.--Not later than 180 days
after the date of the enactment of this Act, after a public comment
period of not less than 60 days, the Secretary shall issue rules
prescribing the criteria for selection of an institution of higher
education to receive a grant under this section. Such criteria shall
include performance requirements for an education program for which an
institution of higher education receives grant funds. The Secretary
shall update such rules as necessary.
(h) Rules for Grant Administration.--Not later than 180 days after
the date of the enactment of this Act, after a public comment period of
not less than 60 days, the Secretary shall issue rules to ensure that
grants under this section are made and administered in an accountable
fashion in order to prevent waste, fraud, and abuse. The Secretary
shall update such rules as necessary.
(i) Deadline To Begin Making Grants.--The Secretary shall begin
making grants under this section not later than 1 year after the date
of the enactment of this Act.
(j) Reports.--Not later than June 3 and December 31 of each year,
the Inspector General of the Department of Commerce and the Comptroller
General of the United States shall submit to the Committee on Energy
and Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that
reviews the grant program established under this section during the 6
months preceding the submission of the report. Such report shall
include any recommendations to address waste, fraud, and abuse in such
program.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $250,000,000, of which not more
than 5 percent shall be available for the costs of administering the
grant program established under this section, for each of the fiscal
years 2018 through 2028.
SEC. 4. INNOVATION CORPS.
(a) Establishment.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall establish an Innovation
Corps whereby recent college graduates may volunteer, in an education
program for which an institution of higher education receives (or is
eligible to receive) a grant under section 3, to help retrain workers
that have been displaced from their jobs by automation.
(b) Stipend.--The Secretary shall pay a monthly stipend to each
graduate volunteer in accordance with the rules issued under subsection
(c)(4).
(c) Rules.--Not later than 180 days after the date of the enactment
of this Act, after a public comment period of not less than 60 days,
the Secretary shall issue rules containing--
(1) the eligibility requirements for graduate volunteers;
(2) the application procedures to become a graduate
volunteer;
(3) the code of conduct for graduate volunteers; and
(4) the amount of a monthly stipend for graduate volunteers
sufficient to furnish graduate volunteers with housing, food,
and transportation to and from the education program with which
the graduate volunteer volunteers.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $250,000,000 for each of the
fiscal years 2018 through 2028.
SEC. 5. STUDENT LOAN DEFERMENT AND FORGIVENESS FOR GRADUATE VOLUNTEERS.
(a) Loan Deferment.--Section 455(f)(2) of the Higher Education Act
of 1965 (20 U.S.C. 1087e(f)) is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) during which the borrower is serving as a
graduate volunteer in the Innovation Corps established
under section 4 of the Innovation Corps Act of 2017.''.
(b) Loan Forgiveness.--With respect to any borrower of Federal
student loans who completes 2 years of volunteer service as a graduate
volunteer in the Innovation Corps established under section 4, the
Secretary of Commerce shall repay, on behalf of such borrower, not more
than $100,000 of the balance of principal and interest due on such
loans as of the date of completion of such service.
SEC. 6. DEFINITIONS.
In this Act:
(1) Automation.--The term ``automation'' means the
introduction of machinery into any enterprise that is intended
to, or has the effect of, replacing human labor.
(2) Federal student loan.--The term ``Federal student
loan'' means a loan made under part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Graduate volunteer.--The term ``graduate volunteer''
means a recent college graduate who volunteers in the
Innovation Corps established under section 4.
(5) Recent college graduate.--The term ``recent college
graduate'' means an individual who has graduated from an
institution of higher education not more than 2 years before
applying to become a graduate volunteer in the Innovation Corps
established under section 4.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(7) STEM field.--The term ``STEM field'' means science,
technology, engineering, or mathematics. | Innovation Corps Act of 2017 This bill requires the Department of Commerce to establish a competitive program to make grants to institutions of higher education to establish or enhance education programs that retrain workers displaced from their jobs by automation to provide such workers with skills needed for jobs in science, technology, engineering, or mathematics (STEM) fields. Commerce shall establish an Innovation Corps whereby recent college graduates may volunteer, in an education program for which an institution of higher education receives (or is eligible to receive) such a grant, to help retrain displaced workers. The Higher Education Act of 1965 is amended to: (1) allow federal student loan deferment for graduate volunteers who serve in the corps, and (2) require Commerce to repay up to $100,000 of such a student loan for a borrower who completes two years of corps service. | {"src": "billsum_train", "title": "Innovation Corps Act of 2017"} | 1,906 | 173 | 0.576292 | 1.747144 | 0.875539 | 5.4375 | 11.05 | 0.9625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Juan Mountains Wilderness Act of
2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered land.--The term ``covered land'' means--
(A) lands designated as wilderness under section 3
or section 4; and
(B) lands designated as a special management area
under section 4.
(2) Nonconforming use.--The term ``nonconforming use''
means any commercial helicopter-assisted skiing or snowboarding
activities within the lands designated as a special management
area under section 4 that have been authorized by the Secretary
as of the date of enactment of this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the Secretary of Agriculture, as
appropriate.
(4) State.--The term ``State'' means the State of Colorado.
SEC. 3. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Certain lands in the Grand Mesa, Uncompahgre, and
Gunnison National Forests comprising approximately 3,170 acres,
as generally depicted on a map titled ``Proposed Wilson,
Sunshine, Black Face and San Bernardo Additions to the Lizard
Head Wilderness'', dated May 2009, and which are hereby
incorporated into the Lizard Head Wilderness area.
(2) Certain lands in the Grand Mesa, Uncompahgre, and
Gunnison National Forests comprising approximately 8,375 acres,
as generally depicted on a map titled ``Proposed Liberty Bell
and Last Dollar Additions to the Mt. Sneffels Wilderness'',
dated May 2009, and which are hereby incorporated into the Mt.
Sneffels Wilderness area.
(3) Certain lands in the Grand Mesa, Uncompahgre, and
Gunnison National Forests comprising approximately 13,224
acres, as generally depicted on a map titled ``Proposed
Whitehouse Additions to the Mt. Sneffels Wilderness'', dated
May 2009, and which are hereby incorporated into the Mt.
Sneffels Wilderness area.
(4)(A) Certain lands in the San Juan Resource Area of the
Bureau of Land Management comprising approximately 8,614 acres,
as generally depicted on a map titled ``Proposed McKenna Peak
Wilderness'', dated May 2009, and which shall be known as the
McKenna Peak Wilderness.
(B) The lands designated under subparagraph (A) shall be
administered as a component of the National Landscape
Conservation System.
(b) Map and Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and a
legal description of each wilderness area designated by this
Act with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--A map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map and legal
description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available for
public inspection in the Office of the Director of the Bureau
of Land Management and in the Office of the Chief of the Forest
Service, as appropriate.
SEC. 4. SHEEP MOUNTAIN SPECIAL MANAGEMENT AREA.
(a) Designation.--Certain lands in the Grand Mesa, Uncompahgre, and
Gunnison and San Juan National Forests comprising approximately 21,697
acres as generally depicted on a map titled ``Proposed Sheep Mountain
Special Management Area'' and dated May 2009, are hereby designated as
the Sheep Mountain Special Management Area.
(b) Maps and Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of the Federal land described in subsection (a)
with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the United
States Forest Service.
(c) Management.--
(1) In general.--Until Congress determines otherwise,
activities within the area designated in subsection (a) shall
be managed by the Secretary of Agriculture so as to maintain
the area's presently existing wilderness character and
potential for inclusion in the National Wilderness Preservation
System.
(2) Prohibitions.--The following shall be prohibited on the
Federal land described in subsection (a):
(A) Permanent roads.
(B) Except as necessary to meet the minimum
requirements for the administration of the Federal land
and to protect public health and safety--
(i) the use of motorized or mechanized
vehicles, except as described in paragraph (3);
and
(ii) the establishment of temporary roads.
(3) Allowable activities.--The Secretary may allow
activities, including helisking, that have been authorized as
of the date of the enactment of this Act to continue within the
area designated in subsection (a). The designation under
subsection (a) shall not impact future permit processes
relating to such activities.
(4) Applicable law.--Any uses of the Federal land described
in subsection (a), including activities described in paragraph
(3), shall be in accordance with applicable law.
(d) Withdrawal.--Subject to valid existing rights, the Federal land
described in subsection (a) is withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
energy leasing.
(e) Designation as Wilderness.--Lands described in subsection (a)
shall be designated as wilderness on the date on which the Secretary
publishes in the Federal Register notice that the nonconforming use has
terminated.
(f) Administration as Wilderness.--Upon its designation as
wilderness under subsection (e), the Sheep Mountain Special Management
Area shall be--
(1) known as the Sheep Mountain Wilderness; and
(2) administered in accordance with the Wilderness Act (16
U.S.C. 1133 et seq.) and section 3.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) In General.--
(1) Subject to valid rights in existence on the date of the
enactment of this Act, land designated as wilderness under
section 3 or section 4 shall be administered by the Secretary
in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
(B) this Act.
(2) The Secretary may continue to authorize the competitive
running event permitted since 1992 in the vicinity of the
boundaries of the Sheep Mountain Special Management Area
designated by section 4(a) and the Liberty Bell addition to the
Mt. Sneffels Wilderness designated by section 3(a)(2) in a
manner compatible with the preservation of such areas as
wilderness.
(b) Effective Date of the Wilderness Act.--With respect to land
designated as wilderness under section 3 or section 4, any reference in
the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of
the Wilderness Act shall be deemed to be a reference to the date of the
enactment of this Act or the date of the Secretary designating the land
as wilderness.
(c) Fish and Wildlife.--Nothing in this Act shall affect the
jurisdiction or responsibility of the State with respect to wildlife
and fish.
(d) No Buffer Zones.--
(1) In general.--Nothing in this Act shall create a
protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use can be seen or heard from within
covered land shall not preclude the conduct of the activity or
use outside the boundary of the covered land.
(e) Withdrawal.--Subject to valid rights in existence on the date
of the enactment of this Act, covered land is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under public land
laws;
(2) location, entry, and patent under mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Acquired Land.--Any land or interest in land located inside the
boundaries of covered land that is acquired by the United States after
the date of the enactment of this Act shall become part of the relevant
wilderness or special management area and shall be managed in
accordance with this Act and other applicable law.
(g) Grazing.--Grazing in covered land shall be administered in
accordance with section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)), as further interpreted by section 108 of Public Law 96-
560, and the guidelines set forth in appendix A of the Report of the
Committee on Interior and Insular Affairs to accompany H.R. 2570 of the
101st Congress (H. Rept. 101-405).
(h) Ames Hydroelectric Project.--The inclusion in the National
Wilderness Preservation System or designation under section 4 of this
Act as a Special Management Area as described in section 4 of this Act,
shall not be construed to interfere with the operation and maintenance
of the Ames Hydroelectric Project, as currently licensed by the Federal
Energy Regulatory Commission, or as reauthorized in the future,
including reasonable use of National Wilderness Preservation System
lands or Special Management Area for any necessary repair or
replacement of existing facilities, transport of water and aerial or
land access. All means of access to the project that are currently
permitted by the Secretary on the date of enactment of this Act shall
be maintained.
SEC. 6. WATER.
(a) Findings, Purpose, and Definition.--
(1) Findings.--Congress finds that--
(A) the lands designated as wilderness or a Special
Management Area by this Act are located at the
headwaters of the streams and rivers on those lands,
with few, if any, actual or proposed water resource
facilities located upstream from such lands and few, if
any, opportunities for diversion, storage, or other
uses of water occurring outside such lands that would
adversely affect the wilderness values of such lands;
(B) the lands designated as wilderness or Special
Management Area by this Act are not suitable for use
for development of new water resource facilities, or
for the expansion of existing facilities; and
(C) therefore, it is possible to provide for proper
management and protection of the wilderness value of
such lands in ways different from those utilized in
other legislation designating as wilderness lands not
sharing the attributes of the lands designated as
wilderness or Special Management Area by this Act.
(2) Purpose.--The purpose of this section is to protect the
wilderness values of the lands designated as wilderness or
Special Management Area by this Act by means other than those
based on a Federal reserved water right.
(3) Definition.--As used in this section, the term ``water
resource facility'' means irrigation and pumping facilities,
reservoirs, water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects, and
transmission and other ancillary facilities, and other water
diversion, storage, and carriage structures.
(b) Restrictions on Rights and Disclaimer of Effect.--
(1) Water rights claims.--Neither the Secretary of
Agriculture nor the Secretary of the Interior, nor any other
officer, employee, representative, or agent of the United
States, nor any other person, shall assert in any court or
agency, nor shall any court or agency consider, any claim to or
for water or water rights in the State of Colorado, which is
based on any construction of any portion of this Act, or the
designation of any lands as wilderness or Special Management
Area by this Act, as constituting an express or implied
reservation of water or water rights.
(2) No affect on water rights.--Nothing in this Act shall
be construed as a creation, recognition, disclaimer,
relinquishment, or reduction of any water rights of the United
States in the State of Colorado existing before the date of
enactment of this Act.
(3) No interpretation or designation.--Except as provided
in subsection (g), nothing in this Act shall be construed as
constituting an interpretation of any other Act or any
designation made by or pursuant thereto.
(4) No precedent.--Nothing in this section shall be
construed as establishing a precedent with regard to any future
wilderness designations.
(c) New or Expanded Projects.--Notwithstanding any other provision
of law, on and after the date of enactment of this Act neither the
President nor any other officer, employee, or agent of the United
States shall fund, assist, authorize, or issue a license or permit for
the development of any new water resource facility within the areas
described in sections 3 and 4 or the enlargement of any water resource
facility within the areas described in sections 3 and 4.
(d) Access and Operation.--
(1) Access to water resource facilities.--Subject to the
provisions of this subsection, the Secretary shall allow
reasonable access to water resource facilities in existence on
the date of enactment of this Act within the areas described in
sections 3 and 4, including motorized access where necessary
and customarily employed on routes existing as of the date of
enactment of this Act.
(2) Access routes.--Existing access routes within such
areas customarily employed as of the date of enactment of this
Act may be used, maintained, repaired, and replaced to the
extent necessary to maintain their present function, design,
and serviceable operation, so long as such activities have no
increased adverse impacts on the resources and values of the
areas described in sections 3 and 4 than existed as of the date
of enactment of this Act.
(3) Use of water resource facilities.--Subject to the
provisions of subsections (c) and (d), the Secretary shall
allow water resource facilities existing on the date of
enactment of this Act within areas described in sections 3 and
4 to be used, operated, maintained, repaired, and replaced to
the extent necessary for the continued exercise, in accordance
with Colorado State law, of vested water rights adjudicated for
use in connection with such facilities by a court of competent
jurisdiction prior to the date of enactment of this Act. The
impact of an existing facility on the water resources and
values of the area shall not be increased as a result of
changes in the adjudicated type of use of such facility as of
the date of enactment of this Act.
(4) Repair and maintainence.--Water resource facilities,
and access routes serving such facilities, existing within the
areas described in sections 3 and 4 on the date of enactment of
this Act shall be maintained and repaired when and to the
extent necessary to prevent increased adverse impacts on the
resources and values of the areas described in sections 3 and
4.
(e) Existing Projects.--Except as provided in subsections (c) and
(d), the provisions of this Act related to the areas described in
sections 3 and 4, and the inclusion in the National Wilderness
Preservation System of the areas described in section 3 and 4, shall
not be construed to affect or limit the use, operation, maintenance,
repair, modification, or replacement of water resources facilities in
existence on the date of enactment of this Act within the boundaries of
the areas described in sections 3 and 4.
(f) Monitoring and Implementation.--The Secretaries of Agriculture
and the Interior shall monitor the operation of and access to water
resource facilities within the areas described in sections 3 and 4 and
take all steps necessary to implement the provisions of this section.
(g) Interstate Compacts.--Nothing in this Act, and nothing in any
previous Act designating any lands as wilderness, shall be construed as
limiting, altering, modifying, or amending any of the interstate
compacts or equitable apportionment decrees that apportion water among
and between the State of Colorado and other States. Except as expressly
provided in this section, nothing in this Act shall affect or limit the
development or use by existing and future holders of vested water
rights of Colorado's full apportionment of such waters.
SEC. 7. NATURITA CANYON MANAGEMENT PROVISIONS.
(a) Withdrawal.--Subject to valid rights in existence on the date
of the enactment of this Act, land described in subsection (b) is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under public land
laws;
(2) location, entry, and patent under mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(b) Land Described.--The land to be protected under subsection (a)
is the approximately 6,596 acres depicted on the map titled ``Naturita
Canyon Mineral Withdrawal Area'' and dated May 2009. | San Juan Mountains Wilderness Act of 2009 - Designates specified lands in the Grand Mesa, Uncompahgre, and Gunnison National Forests and the San Juan Resource Area of the Bureau of Land Management (BLM) in Colorado as wilderness areas and components of the National Wilderness Preservation System.
Designates specified lands in such National Forests and San Juan National Forest as the Sheep Mountain Special Management Area.
Withdraws lands designated as wilderness or a special management area under this Act, as well as land within the Naturita Canyon Mineral Withdrawal Area, from all forms of: (1) entry, appropriation, or disposal under public land laws; (2) location, entry, and patent under mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Sets forth provisions regarding water rights and access to and the operation of water resource facilities in lands designated as wilderness or a special management area by this Act. | {"src": "billsum_train", "title": "A bill to designate certain lands in San Miguel, Ouray, and San Juan Counties, Colorado, as wilderness, and for other purposes."} | 3,990 | 210 | 0.584333 | 1.734866 | 0.85722 | 5.661111 | 19.622222 | 0.95 |
SECTION 1. CHARITABLE CONTRIBUTIONS OF SCIENTIFIC EQUIPMENT TO
ELEMENTARY AND SECONDARY SCHOOLS.
(a) In General.--Subparagraph (B) of section 170(e)(4) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(B) Qualified research or education
contribution.--For purposes of this paragraph, the term
`qualified research or education contribution' means a
charitable contribution by a corporation of tangible
personal property (including computer software), but
only if--
``(i) the contribution is to--
``(I) an educational organization
described in subsection (b)(1)(A)(ii),
``(II) a governmental unit
described in subsection (c)(1), or
``(III) an organization described
in section 41(e)(6)(B),
``(ii) the contribution is made not later
than 3 years after the date the taxpayer
acquired the property (or in the case of
property constructed by the taxpayer, the date
the construction of the property is
substantially completed),
``(iii) the property is scientific
equipment or apparatus substantially all of the
use of which by the donee is for--
``(I) research or experimentation
(within the meaning of section 174), or
for research training, in the United
States in physical or biological
sciences, or
``(II) in the case of an
organization described in clause (i)
(I) or (II), use within the United
States for educational purposes related
to the purpose or function of the
organization,
``(iv) the original use of the property
began with the taxpayer (or in the case of
property constructed by the taxpayer, with the
donee),
``(v) the property is not transferred by
the donee in exchange for money, other
property, or services, and
``(vi) the taxpayer receives from the donee
a written statement representing that its use
and disposition of the property will be in
accordance with the provisions of clauses (iv)
and (v).''
(b) Donations to Charity for Refurbishing.--Section 170(e)(4) of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(D) Donations to charity for refurbishing.--For
purposes of this paragraph, a charitable contribution
by a corporation shall be treated as a qualified
research or education contribution if--
``(i) such contribution is a contribution
of property described in subparagraph (B)(iii)
to an organization described in section
501(c)(3) and exempt from taxation under
section 501(a),
``(ii) such organization repairs and
refurbishes the property and donates the
property to an organization described in
subparagraph (B)(i), and
``(iii) the taxpayer receives from the
organization to whom the taxpayer contributed
the property a written statement representing
that its use of the property (and any use by
the organization to which it donates the
property) meets the requirements of this
paragraph.''
(c) Conforming Amendments.--
(1) Paragraph (4)(A) of section 170(e) of the Internal
Revenue Code of 1986 is amended by striking ``qualified
research contribution'' each place it appears and inserting
``qualified research or education contribution''.
(2) The heading for section 170(e)(4) of such Code is
amended by inserting ``or education'' after ``research''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 2. DONATIONS TO UNDERPRIVILEGED SCHOOLS.
It is the sense of Congress that one of the main purposes of the
enhanced charitable deduction under section 170(e) of the Internal
Revenue Code of 1986 is to encourage the donation of computer equipment
and supplies to--
(1) schools serving low income communities;
(2) schools whose fiscal year budgets are below the
applicable State-wide norm; and
(3) schools at which student test scores are substantially
below the State-wide norm. | Amends the Internal Revenue Code to revise the rules concerning a "qualified research contribution." Redefines such term as a "qualified research or education contribution." Expresses the sense of the Congress that one of the main purposes of the revision is to encourage the donation of computer supplies and equipment to underprivileged schools. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow companies to donate scientific equipment to elementary and secondary schools for use in their educational programs, and for other purposes."} | 918 | 70 | 0.478482 | 1.215101 | 0.472999 | 3.47541 | 13.672131 | 0.786885 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Geothermal Exploration and
Technology Act of 2013''.
SEC. 2. GEOTHERMAL EXPLORATORY DRILLING LOAN PROGRAM.
(a) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the Geothermal
Investment Fund established under subsection (h).
(2) Program.--The term ``program'' means the direct loan
program for high risk geothermal exploration wells established
under this section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--The Secretary shall establish a direct loan
program for high risk geothermal exploration wells.
(c) Applications.--An applicant that seeks to receive a loan under
the program may submit to the Secretary an application for the loan at
such time, in such form, and containing such information as the
Secretary may prescribe.
(d) Project Criteria.--
(1) In general.--In selecting applicants for loans under
this section to carry out projects under the program, the
Secretary shall consider--
(A) the potential for unproven geothermal resources
that would be explored and developed under a project;
(B) the expertise and experience of an applicant in
developing geothermal resources; and
(C) the importance of the project in meeting the
goals of the Department of Energy.
(2) Preference.--In selecting applicants for loans under
this section to carry out projects under the program, the
Secretary shall provide a preference for projects likely to
lead to successful new geothermal development leading to
electricity production.
(e) Data Sharing.--Data from all exploratory wells that are carried
out under the program shall be provided to the Secretary and the
Secretary of the Interior for use in mapping national geothermal
resources and other uses, including--
(1) subsurface geologic data;
(2) metadata;
(3) borehole temperature data; and
(4) inclusion in the National Geothermal Data System of the
Department of Energy.
(f) Administration.--
(1) Cost share.--
(A) In general.--The Secretary shall determine the
cost share for a loan made under this section.
(B) Higher risks.--The Secretary may base the cost
share percentage for loans made under this section on a
sliding scale, with higher Federal shares awarded to
projects with higher risks.
(2) Number of wells.--The Secretary shall determine the
number of wells for each selected geothermal project for which
a loan may be made under this section.
(3) Unproductive projects.--The Secretary may grant further
delays or dispense with the repayment obligation on a
demonstration that a selected geothermal project is
unproductive.
(g) Loan Repayment.--
(1) Commencement.--The recipient of a loan made under this
section for a geothermal facility shall commence repayment of
the loan beginning on the earlier of--
(A) the date that is 4 years after the date the
loan is made; or
(B) the date on which the geothermal facility
enters into commercial production.
(2) Term.--
(A) In general.--Except as provided in subparagraph
(B), the term of a loan made under this section shall
be 4 years beginning on the applicable loan repayment
commencement date under paragraph (1).
(B) Extension.--The Secretary may extend the term
of a loan under this section for not more than 4 years.
(3) Use of loan repayments.--Amounts repaid on loans made
under this section shall be deposited in the Fund.
(h) Geothermal Investment Fund.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a fund to be known as the
``Geothermal Investment Fund'', to be administered by the
Secretary, to be available without fiscal year limitation and
not subject to appropriation, to carry out this section.
(2) Transfers to fund.--The Fund shall consist of--
(A) such amounts as are appropriated to the Fund
under subsection (j); and
(B) amounts repaid on loans under subsection
(g)(3).
(3) Prohibition.--Amounts in the Fund may not be made
available for any purpose other than a purpose described in
paragraph (1).
(4) Annual reports.--
(A) In general.--Not later than 60 days after the
end of each fiscal year beginning with fiscal year
2013, the Secretary of Energy shall submit to the the
Committee on Energy and Natural Resources of the Senate
and the Committee on Energy and Commerce of the House
of Representatives a report on the operation of the
Fund during the fiscal year.
(B) Contents.--Each report shall include, for the
fiscal year covered by the report, the following:
(i) A statement of the amounts deposited
into the Fund.
(ii) A description of the expenditures made
from the Fund for the fiscal year, including
the purpose of the expenditures.
(iii) Recommendations for additional
authorities to fulfill the purpose of the Fund.
(iv) A statement of the balance remaining
in the Fund at the end of the fiscal year.
(i) Guidelines.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue guidelines for
the implementation of the program.
(2) Administration.--The guidelines shall--
(A) specify--
(i) the terms and conditions that would
require a higher or lower level of cost sharing
under this section;
(ii) the conditions under which the
Secretary will allow loan modifications or
forgiveness in cases in which a well cannot be
used for production or injection; and
(iii) the information necessary to provide
a loan applicant with certainty about
application of subsection (f), including the
level of cost and risk that the applicant and
the Secretary will assume; and
(B) require that--
(i) loans be provided under this section
only after the developer has committed the
share of the developer for expenditures for
drilling costs; and
(ii) loans for successful wells shall be
repaid by the developer within a 10-year
period.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2013 through 2022.
SEC. 3. LARGE-SCALE GEOTHERMAL ENERGY.
Title VI of the Energy Independence and Security Act of 2007 is
amended by inserting after section 616 (42 U.S.C. 17195) the following:
``SEC. 616A. LARGE-SCALE GEOTHERMAL ENERGY.
``(a) Findings.--Congress finds that--
``(1) the Geothermal Technologies Program of the Office of
Energy Efficiency and Renewable Energy of the Department has
included a focus on direct use of geothermal energy in the low-
temperature geothermal energy subprogram (including in the
development of a research and development plan for the
program);
``(2) the Building Technologies Program of the Office of
Energy Efficiency and Renewable Energy of the Department--
``(A) is focused on the energy demand and energy
efficiency of buildings; and
``(B) includes geothermal heat pumps as a component
technology in the residential and commercial deployment
activities of the program; and
``(3) geothermal heat pumps and direct use of geothermal
energy, especially in large-scale applications, can make a
significant contribution to the use of renewable energy but are
underrepresented in research, development, demonstration, and
commercialization.
``(b) Purposes.--The purposes of this section are--
``(1) to improve the components, processes, and systems
used for geothermal heat pumps and the direct use of geothermal
energy; and
``(2) to increase the energy efficiency, lower the cost,
increase the use, and improve and demonstrate the applicability
of geothermal heat pumps to, and the direct use of geothermal
energy in, large buildings, commercial districts, residential
communities, and large municipal, agricultural, or industrial
projects.
``(c) Definitions.--In this section:
``(1) Direct use of geothermal energy.--The term `direct
use of geothermal energy' means systems that use water that is
at a temperature between approximately 38 degrees Celsius and
149 degrees Celsius directly or through a heat exchanger to
provide--
``(A) heating to buildings; or
``(B) heat required for industrial processes,
agriculture, aquaculture, and other facilities.
``(2) Geothermal heat pump.--The term `geothermal heat
pump' means a system that provides heating and cooling by
exchanging heat from shallow ground or surface water using--
``(A) a closed loop system, which transfers heat by
way of buried or immersed pipes that contain a mix of
water and antifreeze; or
``(B) an open loop system, which circulates ground
or surface water directly into the building and returns
the water to the same aquifer or surface water source.
``(3) Large-scale application.--The term `large-scale
application' means an application for space or process heating
or cooling for large entities with a name-plate capacity,
expected resource, or rating of 10 or more megawatts, such as a
large building, commercial district, residential community, or
a large municipal, agricultural, or industrial project.
``(4) Secretary.--The term `Secretary' means Secretary of
Energy, acting through the Assistant Secretary for Energy
Efficiency and Renewable Energy.
``(d) Program.--
``(1) In general.--The Secretary shall establish a program
of research, development, demonstration, and commercial
application for geothermal heat pumps and the direct use of
geothermal energy.
``(2) Areas.--The program may include research,
development, demonstration, and commercial application of--
``(A) geothermal ground loop efficiency
improvements through more efficient heat transfer
fluids;
``(B) geothermal ground loop efficiency
improvements through more efficient thermal grouts for
wells and trenches;
``(C) geothermal ground loop installation cost
reduction through--
``(i) improved drilling methods;
``(ii) improvements in drilling equipment;
``(iii) improvements in design methodology
and energy analysis procedures; and
``(iv) improved methods for determination
of ground thermal properties and ground
temperatures;
``(D) installing geothermal ground loops near the
foundation walls of new construction to take advantage
of existing structures;
``(E) using gray or black wastewater as a method of
heat exchange;
``(F) improving geothermal heat pump system
economics through integration of geothermal systems
with other building systems, including providing hot
and cold water and rejecting or circulating industrial
process heat through refrigeration heat rejection and
waste heat recovery;
``(G) advanced geothermal systems using variable
pumping rates to increase efficiency;
``(H) geothermal heat pump efficiency improvements;
``(I) use of hot water found in mines and mine
shafts and other surface waters as the heat exchange
medium;
``(J) heating of districts, neighborhoods,
communities, large commercial or public buildings
(including office, retail, educational, government, and
institutional buildings and multifamily residential
buildings and campuses), and industrial and
manufacturing facilities;
``(K) geothermal system integration with solar
thermal water heating or cool roofs and solar-
regenerated desiccants to balance loads and use
building hot water to store geothermal energy;
``(L) use of hot water coproduced from oil and gas
recovery;
``(M) use of water sources at a temperature of less
than 150 degrees Celsius for direct use;
``(N) system integration of direct use with
geothermal electricity production; and
``(O) coproduction of heat and power, including on-
site use.
``(3) Environmental impacts.--In carrying out the program,
the Secretary shall identify and mitigate potential
environmental impacts in accordance with section 614(c).
``(e) Grants.--
``(1) In general.--The Secretary shall make grants
available to State and local governments, institutions of
higher education, nonprofit entities, utilities, and for-profit
companies (including manufacturers of heat-pump and direct-use
components and systems) to promote the development of
geothermal heat pumps and the direct use of geothermal energy.
``(2) Priority.--In making grants under this subsection,
the Secretary shall give priority to proposals that apply to
large buildings (including office, retail, educational,
government, institutional, and multifamily residential
buildings and campuses and industrial and manufacturing
facilities), commercial districts, and residential communities.
``(3) National solicitation.--Not later than 180 days after
the date of enactment of this section, the Secretary shall
conduct a national solicitation for applications for grants
under this section.
``(f) Reports.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section and annually thereafter, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Science and
Technology of the House of Representatives a report on progress
made and results obtained under this section to develop
geothermal heat pumps and direct use of geothermal energy.
``(2) Areas.--Each of the reports required under this
subsection shall include--
``(A) an analysis of progress made in each of the
areas described in subsection (d)(2); and
``(B)(i) a description of any relevant
recommendations made during a review of the program;
and
``(ii) any plans to address the recommendations
under clause (i).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section such sums as
are necessary for each of fiscal years 2013 through 2017.''.
SEC. 4. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND
GAS LEASES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is amended by adding at the end the following:
``(4) Land subject to oil and gas lease.--Land under an oil
and gas lease issued pursuant to the Mineral Leasing Act (30
U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.) that is subject to an approved
application for permit to drill and from which oil and gas
production is occurring may be available for leasing under
subsection (c) by the holder of the oil and gas lease--
``(A) on a determination that--
``(i) geothermal energy will be produced
from a well producing or capable of producing
oil and gas; and
``(ii) the public interest will be served
by the issuance of such a lease; and
``(B) in order to provide for the coproduction of
geothermal energy with oil and gas.''. | Geothermal Exploration and Technology Act of 2013 - Requires the Secretary of Energy (DOE) to: (1) establish a direct loan program for high risk geothermal exploration wells, and (2) give preference to loans to carry out projects that are likely to lead to successful new geothermal development leading to electricity production. Requires data from exploratory wells to be provided to the DOE Secretary (Secretary) and the Secretary of the Interior for use in mapping national geothermal resources and other uses, including subsurface geologic data, metadata, borehole temperature data, and inclusion in DOE's National Geothermal Data System. Requires the Secretary to determine the number of wells for each selected geothermal project for which a loan may be made. Requires: (1) a recipient to commence repayment of the loan beginning on the earlier of four years after the loan is made or when the geothermal facility enters into commercial production, and (2) loans for successful wells to be repaid by the developer within 10 years. Establishes the Geothermal Investment Fund to carry out such program. Requires amounts repaid on loans to be deposited in such Fund. Amends the Energy Independence and Security Act of 2007 to require: the Assistant Secretary for Energy Efficiency and Renewable Energy to: (1) establish a program of research, development, demonstration, and commercial application for geothermal heat pumps and the direct use of geothermal energy; (2) identify and mitigate potential environmental impacts; (3) make grants to promote the development of geothermal heat pumps and the direct use of geothermal energy; (4) give priority to proposals that apply to large buildings, commercial districts, and residential communities; and (5) conduct a national solicitation for grant applications. Amends the Geothermal Steam Act of 1970 to provide that land under an oil and gas lease issued pursuant to the Mineral Leasing Act or the Mineral Leasing Act for Acquired Lands that is subject to an approved application for a permit to drill and from which oil and gas production is occurring may be available for leasing for geothermal drilling in order to provide for the coproduction of geothermal energy with oil and gas, if the lease would serve the public interest. | {"src": "billsum_train", "title": "Geothermal Exploration and Technology Act of 2013"} | 3,336 | 502 | 0.689119 | 2.323633 | 0.770144 | 4.679803 | 7.551724 | 0.955665 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Renewable Energy
Incentives Act''.
(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. EXTENSION, MODIFICATION, AND EXPANSION OF CREDIT FOR
ELECTRICITY PRODUCED FROM RENEWABLE RESOURCES AND WASTE
PRODUCTS.
(a) Permanent Extension.--
(1) Paragraphs (1) and (2)(A)(i) of section 45(d) are each
amended by striking ``, and before January 1, 2006''.
(2) Section 45(d)(2)(A)(ii) is amended by striking ``before
January 1, 2006, is originally placed in service and'' and
insert ``is''.
(3) Section 45(d)(3)(A) is amended--
(A) by striking ``owned by the taxpayer'',
(B) by inserting ``owned by the taxpayer and'' in
clause (i)(I) after ``is'',
(C) by striking ``and before January 1, 2006'' in
clause (i)(I), and
(D) by striking ``originally placed in service
before January 1, 2006'' in clause (ii) and inserting
``owned by the taxpayer''.
(4) Paragraphs (4), (5), (6), and (7) of section 45(d)
(relating to qualified facilities) are amended by striking
``and before January 1, 2006'' each place it appears.
(b) Credit Rate.--
(1) Increase in credit rate.--
(A) In general.--Section 45(a)(1) is amended by
striking ``1.5 cents'' and inserting ``1.9 cents''.
(B) Conforming amendments.--
(i) Section 45(b)(2) is amended by striking
``1.5 cent'' and inserting ``1.9 cent''.
(ii) Section 45(e)(2)(B) is amended by
inserting ``(calendar year 2004 in the case of
the 1.9 cent amount in subsection (a))'' after
``1992''.
(2) Full credit rate for all facilities placed in service
after date of enactment.--Section 45(b)(4)(A) (relating to
credit rate) is amended by inserting ``and placed in service
before the date of the enactment of the Renewable Energy
Incentives Act'' after ``subsection (d)''.
(c) Full Credit Period for All Facilities Placed in Service After
Date of Enactment.--Section 45(b)(4)(B)(i) (relating to credit period)
is amended by inserting ``and placed in service before the date of the
enactment of the Renewable Energy Incentives Act'' after ``subsection
(d)''
(d) Expansion of Qualified Resources.--
(1) In general.--Section 45(c)(1) (defining qualified
energy resources) is amended by striking ``and'' at the end of
subparagraph (F), by striking the period at the end of
subparagraph (G) and inserting a comma, and by adding at the
end the following new subparagraphs:
``(H) incremental geothermal energy production, and
``(I) incremental hydropower production.''.
(2) Definition of resources.--Section 45(c) (relating to
qualified energy resources and refined coal) is amended by
adding at the end the following new paragraphs:
``(8) Incremental geothermal production.--
``(A) In general.--The term `incremental geothermal
production' means for any taxable year the excess of--
``(i) the total kilowatt hours of
electricity produced from an incremental
geothermal facility described in subsection
(d)(9), over
``(ii) the average annual kilowatt hours
produced at such facility for 5 of the previous
7 calendar years before the date of the
enactment of this paragraph after eliminating
the highest and the lowest kilowatt hour
production years in such 7-year period.
``(B) Special rule.--A facility described in
subsection (d)(9) which was placed in service at least
7 years before the date of the enactment of this
paragraph shall commencing with the year in which such
date of enactment occurs, reduce the amount calculated
under subparagraph (A)(ii) each year, on a cumulative
basis, by the average percentage decrease in the annual
kilowatt hour production for the 7-year period
described in subparagraph (A)(ii) with such cumulative
sum not to exceed 30 percent.
``(9) Incremental hydropower production.--
``(A) In general.--The term `incremental hydropower
production' means for any taxable year an amount equal
to the percentage of total kilowatt hours of
electricity produced from an incremental hydropower
facility described in subsection (d)(10) attributable
to efficiency improvements or additions of capacity as
determined under subparagraph (B).
``(B) Determination of incremental hydropower
production.--For purposes of subparagraph (A),
incremental hydropower production for any incremental
hydropower facility for any taxable year shall be
determined by establishing a percentage of average
annual hydropower production at the facility
attributable to the efficiency improvements or
additions of capacity using the same water flow
information used to determine an historic average
annual hydropower production baseline for such
facility. Such percentage and baseline shall be
certified by the Federal Energy Regulatory Commission.
For purposes of the preceding sentence, the
determination of incremental hydropower production
shall not be based on any operational changes at such
facility not directly associated with the efficiency
improvements or additions of capacity.''.
(3) Facilities.--Section 45(d) (relating to qualified
facilities) is amended by adding at the end the following new
paragraphs:
``(9) Incremental geothermal facility.--In the case of a
facility using incremental geothermal to produce electricity,
the term `qualified facility' means any facility owned by the
taxpayer which is originally placed in service before the date
of the enactment of this paragraph, but only to the extent of
its incremental geothermal production. In the case of a
qualified facility described in the preceding sentence, the 10-
year period referred to in subsection (a) shall be treated as
beginning not earlier than such date of enactment. Such term
shall not include any property described in section 48(a)(3)
the basis of which is taken into account by the taxpayer for
purposes of determining the energy credit under section 48.
``(10) Incremental hydropower facility.--In the case of a
facility using incremental hydropower to produce electricity,
the term `qualified facility' means any non-Federal
hydroelectric facility owned by the taxpayer which is
originally placed in service before the date of the enactment
of this paragraph, but only to the extent of its incremental
hydropower production. In the case of a qualified facility
described in the preceding sentence, the 10-year period
referred to in subsection (a) shall be treated as beginning not
earlier than such date of enactment.''.
(e) Credit Eligibility for Lessees and Operators Extended to All
Facilities.--Paragraph (6) of section 45(d) is amended to read as
follows:
``(6) Credit eligibility for lessees and operators.--In the
case of any facility described in paragraph (1), (4), (5), (6),
(7), (9), or (10), if the owner of such facility is not the
producer of the electricity, the person eligible for the credit
allowable under subsection (a) shall be the lessee or the
operator of such facility.''.
(f) Qualified Facilities With Co-production.--Section 45(b)
(relating to limitations and adjustments) is amended by adding at the
end the following:
``(5) Increased credit for co-production facilities.--
``(A) In general.--In the case of a qualified
facility described in any paragraph of subsection (d)
(other than paragraph (8)) which adds a co-production
facility after the date of the enactment of this
paragraph, the amount in effect under subsection (a)(1)
for an eligible taxable year of a taxpayer shall (after
adjustment under paragraph (2) and before adjustment
under paragraphs (1) and (3)) be increased by .25
cents.
``(B) Co-production facility.--For purposes of
subparagraph (A), the term `co-production facility'
means a facility which--
``(i) enables a qualified facility to
produce heat, mechanical power, chemicals,
liquid fuels, or minerals from qualified energy
resources in addition to electricity, and
``(ii) produces such energy on a continuous
basis.
``(C) Eligible taxable year.--For purposes of
subparagraph (A), the term `eligible taxable year'
means any taxable year in which the amount of gross
receipts attributable to the co-production facility of
a qualified facility are at least 10 percent of the
amount of gross receipts attributable to electricity
produced by such facility.''.
(g) Qualified Facilities Located Within Qualified Indian Lands.--
Section 45(b) (relating to limitations and adjustments), as amended by
subsection (f), is amended by adding at the end the following:
``(6) Increased credit for qualified facility located
within qualified indian land.--In the case of a qualified
facility described in any paragraph of subsection (d) (other
than paragraphs (1), (2) and (8)) which--
``(A) is located within--
``(i) qualified Indian lands (as defined in
section 7871(c)(3)), or
``(ii) lands which are held in trust by a
Native Corporation (as defined in section 3(m)
of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(m)) for Alaska Natives, and
``(B) is operated with the explicit written
approval of the Indian tribal government or Native
Corporation (as so defined) having jurisdiction over
such lands, the amount in effect under subsection
(a)(1) for a taxable year shall (after adjustment under
paragraphs (2) and (5) and before adjustment under
paragraphs (1) and (3)) be increased by .25 cents.''.
(h) Additional Modifications.--
(1) Treatment of persons not able to use entire credit.--
Section 45(e) (relating to additional definitions and special
rules), as amended by subsection (a)(2), is amended by adding
at the end the following new paragraph:
``(11) Treatment of persons not able to use entire
credit.--
``(A) Allowance of credit.--
``(i) In general.--Except as otherwise
provided in this subsection--
``(I) any credit allowable under
subsection (a) with respect to a
qualified facility owned by a person
described in clause (ii) may be
transferred or used as provided in this
paragraph, and
``(II) the determination as to
whether the credit is allowable shall
be made without regard to the tax-
exempt status of the person.
``(ii) Persons described.--A person is
described in this clause if the person is--
``(I) an organization described in
section 501(c)(12)(C) and exempt from
tax under section 501(a),
``(II) an organization described in
section 1381(a)(2)(C),
``(III) a public utility (as
defined in section 136(c)(2)(B)), which
is exempt from income tax under this
subtitle,
``(IV) any State or political
subdivision thereof, the District of
Columbia, any possession of the United
States, or any agency or
instrumentality of any of the
foregoing, or
``(V) any Indian tribal government
(within the meaning of section 7871) or
any agency or instrumentality thereof.
``(B) Transfer of credit.--
``(i) In general.--A person described in
subparagraph (A)(ii) may transfer any credit to
which subparagraph (A)(i) applies through an
assignment to any other person not described in
subparagraph (A)(ii). Such transfer may be
revoked only with the consent of the Secretary.
``(ii) Regulations.--The Secretary shall
prescribe such regulations as necessary to
ensure that any credit described in clause (i)
is assigned once and not reassigned by such
other person.
``(iii) Transfer proceeds treated as
arising from essential government function.--
Any proceeds derived by a person described in
subclause (III), (IV), or (V) of subparagraph
(A)(ii) from the transfer of any credit under
clause (i) shall be treated as arising from the
exercise of an essential government function.
``(C) Credit not income.--Any transfer under
subparagraph (B) of any credit to which subparagraph
(A)(i) applies shall not be treated as income for
purposes of section 501(c)(12).
``(D) Treatment of unrelated persons.--For purposes
of subsection (a)(2)(B), sales among and between
persons described in subparagraph (A)(ii) shall be
treated as sales between unrelated parties.''.
(2) Credits not reduced by tax-exempt bonds or certain
other subsidies.--Section 45(b)(3) (relating to credit reduced
for grants, tax-exempt bonds, subsidized energy financing, and
other credits) is amended--
(A) by striking clause (ii),
(B) by redesignating clauses (iii) and (iv) as
clauses (ii) and (iii),
(C) by inserting ``(other than any loan, debt, or
other obligation incurred under subchapter I of chapter
31 of title 7 of the Rural Electrification Act of 1936
(7 U.S.C. 901 et seq.), as in effect on the date of the
enactment of the Renewable Energy Incentives Act, or
proceeds of an issue of State or local government
obligations the interest on which is exempt from tax
under section 103)'' after ``project'' in clause (ii)
(as so redesignated), and
(D) by striking ``tax-exempt bonds,'' in the
heading and inserting ``certain''.
(3) Credit allowable against minimum tax without
limitation.--Clause (ii) of section 38(c)(4)(B) (defining
specified credits) is amended to read as follows:
``(ii) the credit determined under section
45 to the extent that such credit is
attributable to electricity or refined coal
produced at a facility which is originally
placed in service after October 22, 2004.''.
(4) Treatment of qualified facilities not in compliance
with pollution laws.--Section 45(d) (relating to qualified
facilities), as amended by subsection (d)(3), is amended by
adding at the end the following:
``(11) Noncompliance with pollution laws.--For purposes of
this subsection, a facility which is not in compliance with the
applicable State and Federal pollution prevention, control, and
permit requirements for any period of time shall not be
considered to be a qualified facility during such period.''.
(i) Effective Date.--The amendments made by this section shall
apply to electricity and other energy produced and sold after the date
of the enactment of this Act, in taxable years ending after such date. | Renewable Energy Incentives Act - Amends the Internal Revenue Code to: (1) make permanent the tax credit for the production of electricity from renewable resources; (2) increase the rate of such credit; (3) extend the 10 year credit period to all qualified energy facilities eligible for the credit; (4) include incremental geothermal energy production and incremental hydropower production as qualified energy resources for purposes of the credit; (5) increase the credit rate for co-production facilities and qualified facilities located within certain Indian and Alaskan Native Indian lands; (6) permit the transfer of tax credit amounts earned by certain tax-exempt entities to taxable entities; and (7) allow the credit to offset alternative minimum taxable income.
Denies the tax credit for facilities which are not in compliance with applicable state and federal pollution prevention, control and permit requirements. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend, modify, and expand the credit for electricity produced from renewable resources and waste products, and for other purposes."} | 3,599 | 169 | 0.470013 | 1.227923 | 0.825605 | 2.454545 | 19.042424 | 0.927273 |
SECTION 1. DEPUTY ADMINISTRATORS.
(a) Deputy Administrator for Science and Technology.--
(1) Appointment.--The President shall appoint, by and with
the advice and consent of the Senate, a Deputy Administrator
for Science and Technology of the Environmental Protection
Agency.
(2) Responsibilities.--The Deputy Administrator for Science
and Technology shall have overall responsibility for the
scientific and technical foundation of Environmental Protection
Agency decisions, including being responsible for--
(A) identifying and defining the important
scientific issues facing the Environmental Protection
Agency, including those embedded in major policy or
regulatory proposals;
(B) developing and overseeing an integrated
agencywide strategy for acquiring, disseminating, and
applying information;
(C) ensuring that the complex scientific outreach
and communication needs of the Environmental Protection
Agency are met, including the need to reach throughout
the Agency for credible science in support of the
regulatory offices, regions, and Agency-wide policy
deliberations, as well as the need to reach out to the
broader domestic and international scientific community
for scientific knowledge that is relevant to an Agency
policy or regulatory issue;
(D) coordinating and overseeing scientific quality
assurance and peer review practices throughout the
Environmental Protection Agency; and
(E) developing processes to ensure that appropriate
scientific information is used in decisionmaking
throughout the Environmental Protection Agency, and
ensuring that the scientific and technical information
underlying each Environmental Protection Agency
regulatory decision is valid, appropriately
characterized in terms of scientific uncertainty and
cross-media issues, and appropriately applied.
(3) Qualifications.--An individual appointed under
paragraph (1) shall have an outstanding technical background,
including research accomplishments, scientific reputation, and
experience in public forums.
(4) Consultation.--Before appointing an individual under
paragraph (1), the President shall consult with the National
Academy of Sciences, the National Academy of Engineering, the
Science Advisory Board of the Environmental Protection Agency,
and other appropriate scientific organizations.
(5) Compensation.--The Deputy Administrator for Science and
Technology shall be compensated at the rate provided for level
III of the Executive Schedule pursuant to section 5314 of title
5, United States Code.
(b) Deputy Administrator for Policy and Management.--The position
of Deputy Administrator of the Environmental Protection Agency shall be
redesignated as the Deputy Administrator for Policy and Management, and
the individual serving in that position as of the date of the enactment
of this Act shall assume such title.
(c) Conforming Amendment.--Section 5314 of title 5, United States
Code, is amended by striking the item relating to the Deputy
Administrator of the Environmental Protection Agency and inserting the
following:
``Deputy Administrator for Policy and Management of the
Environmental Protection Agency.
``Deputy Administrator for Science and Technology of the
Environmental Protection Agency.''.
SEC. 2. ASSISTANT ADMINISTRATOR FOR RESEARCH AND DEVELOPMENT.
(a) Title and Term.--One of the Assistant Administrators of the
Environmental Protection Agency shall be designated as the Assistant
Administrator for Research and Development, and shall also have the
title of Chief Scientist of the Environmental Protection Agency.
Appointments to such position made after the date of the enactment of
this Act shall be for a term of 6 years.
(b) Qualifications.--An individual appointed under subsection (a)
shall have an outstanding technical background, including research
accomplishments, scientific reputation, and experience in leading a
research and development organization.
SEC. 3. SENSE OF CONGRESS CONCERNING OTHER ACTIVITIES OF OFFICE OF
RESEARCH AND DEVELOPMENT.
It is the sense of Congress that--
(1) the Office of Research and Development should--
(A) make a concerted effort to give research
managers of the Office a high degree of flexibility and
accountability, including empowering the research
managers to make decisions at the lowest appropriate
management level consistent with the policy of the
Environmental Protection Agency and the strategic goals
and budget priorities of the Office;
(B) maintain approximately an even balance between
core research and problem-driven research;
(C) develop and implement a structured strategy for
encouraging, and acquiring and applying the results of,
research conducted or sponsored by other Federal and
State agencies, universities, and industry, both in the
United States and in foreign countries; and
(D) substantially improve the documentation and
transparency of the decisionmaking processes of the
Office for--
(i) establishing research and technical-
assistance priorities;
(ii) making intramural and extramural
assignments; and
(iii) allocating funds; and
(2) the Administrator of the Environmental Protection
Agency should--
(A) substantially increase the efforts of the
Agency--
(i) to disseminate actively the research
products and ongoing projects of the Office of
Research and Development;
(ii) to explain the significance of the
research products and projects; and
(iii) to assist other persons and entities
inside and outside the Agency in applying the
results of the research products and projects;
(B)(i) direct the Deputy Administrator for Science
and Technology to expand on the science inventory of
the Agency by conducting, documenting, and publishing a
more comprehensive and detailed inventory of all
scientific activities conducted by Agency units outside
the Office, which inventory should include information
such as--
(I) project goals, milestones, and
schedules;
(II) principal investigators and project
managers; and
(III) allocations of staff and financial
resources; and
(ii) use the results of the inventory to ensure
that activities described in clause (i) are properly
coordinated through the Agency-wide science planning
and budgeting process and are appropriately peer
reviewed; and
(C) change the peer-review policy of the Agency to
more strictly separate the management of the
development of a work product from the management of
the peer review of that work product, thereby ensuring
greater independence of peer reviews from the control
of program managers, or the potential appearance of
control by program managers, throughout the Agency. | Redesignates the EPA Deputy Administrator as the Deputy Administrator for Policy and Management.
Designates one of the EPA Assistant Administrators as the Assistant Administrator for Research and Development and Chief Scientist.
Expresses the sense of Congress concerning: (1) EPA Office of Research and Development flexibility and accountability, balance between types of research, application of research conducted by others, and documentation and transparency of decisionmaking; and (2) EPA research dissemination and application, expansion of a science inventory, and peer review policy. | {"src": "billsum_train", "title": "To provide for the establishment of a position of Deputy Administrator for Science and Technology of the Environmental Protection Agency, and for other purposes."} | 1,274 | 105 | 0.531863 | 1.528031 | 0.623062 | 2.583333 | 12.708333 | 0.854167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Free Internet Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A single, open, global Internet is a vital tool for
facilitating the free and secure flow of information and
products without regard to distances or national boundaries.
(2) The goal of a single, open, global Internet is best
supported by policies that--
(A) encourage utilization on a global basis of
technology standards set by international standards-
setting organizations, including industry-led and other
voluntary bodies, and selected by the market;
(B) respect the security of information and privacy
of Internet users;
(C) promote investment in Internet-related
innovation;
(D) refrain from compelling Internet service
providers and other intermediaries to restrict the free
flow of information on the Internet; and
(E) allow trade in Internet-related goods,
services, information, and content.
(3) Certain governments and international bodies are
adopting or considering policies contrary to the goal of a
free, open Internet, including--
(A) mandating unique technology standards favoring
domestic producers as a condition of market access or
pursuing related policies regarding standard-setting
that are discriminatory and subvert the open, global
nature of the Internet;
(B) sponsoring or tolerating the use of Internet-
related tools to gain unauthorized access to public-
sector and private-sector networks in the United States
to disrupt their operation;
(C) blocking, filtering, or otherwise restricting
Internet communications in a manner that discriminates
against Internet-based services and content originating
in other countries;
(D) monitoring Internet use and communications in a
manner that restricts individual privacy and freedom;
and
(E) imposing market access requirements or
liabilities that discriminate against or otherwise
impede Internet-related goods, services and content
from other countries.
(4) Such actions threaten the interests of the United
States by--
(A) facilitating attempts by foreign governments to
restrict or disrupt the free flow of information on the
Internet;
(B) promoting ``national Internets'' in conflict
with the underlying rationale and architecture of the
Internet as originally envisioned and constructed,
thereby compromising the Internet's full functionality
and promise;
(C) harming United States workers and businesses,
undermining a strong United States industrial base, and
putting foreign competitors at an advantage; and
(D) putting at risk the utility of the Internet as
a tool of open communication, assembly, and commerce,
and the individuals who seek to use it for such
purposes.
SEC. 3. TASK FORCE ON THE GLOBAL INTERNET.
(a) Establishment.--
(1) In general.--There is established within the executive
branch a Task Force on the Global Internet (in this Act
referred to as the ``Task Force''), hosted by the Department of
Commerce.
(2) Chairperson.--The President shall select from among the
members of the Task Force under subsection (b) an individual to
serve as Chairperson.
(b) Composition.--The Task Force shall consist of the following:
(1) Four United States persons with substantial expertise
in Internet policy and civil liberties who are not employees or
officers of Federal, State, local, or tribal governments and
who--
(A) are nominated by the public through a process
that solicits public recommendations through the
Internet and are appointed by the President, acting
through the President's Council of Advisors on Science
and Technology; and
(B) shall serve on the Task Force for renewable
terms not to exceed 3 years.
(2) The leader of the majority party in the Senate and the
leader of the minority party in the Senate shall each appoint
one United States person with substantial expertise in Internet
policy and civil liberties to serve on the Task Force for
renewable terms not to exceed 3 years.
(3) The Speaker of the House of Representatives and the
leader of the minority party in the House of Representatives
shall each appoint one United States person with substantial
expertise in Internet policy and civil liberties to serve on
the Task Force for renewable terms not to exceed 3 years.
(4) The United States Trade Representative, the Secretary
of Homeland Security, the Assistant Secretary for
Communications and Information of the National
Telecommunications and Information Administration, the Chair of
the Privacy and Civil Liberties Oversight Board, the head of
the Internet Corporation for Assigned Names and Numbers, and
the heads of other Federal departments and agencies as
determined to be appropriate by the President, acting through
their respective designees.
(c) Staff of Federal Agencies.--Upon request of the Task Force, the
head of any Federal department or agency or other Federal official
described in subsection (b)(4) may detail, with or without
reimbursement, any of the personnel or services of the relevant Federal
department or agency to the Task Force to assist it in carrying out its
functions.
(d) Functions.--In addition to such other responsibilities the
President may assign, the Task Force shall--
(1) develop and implement strategies in response to foreign
and domestic government policies that--
(A) unjustifiably or unreasonably burden or
restrict international trade in Internet-related goods,
services, and content;
(B) mandate or otherwise preference Internet-
related technology standards and related measures;
(C) impede the free flow of information on the
Internet; or
(D) otherwise threaten the open, global nature of
the Internet, the interests of Internet users and the
United States in Internet-related international trade
and discourse;
(2) consult and share timely information with civil society
groups with expertise in Internet policy and civil liberties;
(3) coordinate the activity of all Federal departments and
agencies as necessary to implement the strategies developed in
accordance with paragraph (1);
(4) prepare a report and action plan in accordance with
section 4;
(5) hold public hearings and solicit public comment through
the Federal Register and the website for the Task Force as
appropriate; and
(6) appoint a civilian Task Force member, responsible for
leading the Task Force and serving as a point of contact for
correspondence and inquiries related to the activities of the
Task Force.
SEC. 4. REPORT AND ACTION PLAN TO THE PRESIDENT AND CONGRESS.
(a) In General.--Not later than 9 months after the date of the
enactment of this Act, and annually thereafter, the Task Force shall
transmit to the President, the Committee on Ways and Means of the House
of Representatives, the Committee on the Judiciary of the House of
Representatives, the Committee on Finance of the Senate, and the
Committee on the Judiciary of the Senate a report and action plan
that--
(1) identifies acts, policies, or practices of the United
States, foreign governments, or international bodies, and
related measures that--
(A) deny fair and equitable market access to or
otherwise unjustifiably or unreasonably burden or
restrict discourse or trade in Internet-related goods,
services, and content;
(B) mandate, give preference to, or promote
Internet-related technology standards that diverge from
widely adopted international standards, or otherwise
lead to the adoption of discriminatory or trade-
restrictive technology standards or conformity
assessment procedures; or
(C) otherwise threaten the interests of the United
States in the technical operation, security, and free
flow of global Internet communications;
(2) estimates the trade-distorting impact or extent of
suppression of free expression of measures identified under
paragraph (1) on United States commerce, the interests of
Internet users, and the functioning of the Internet;
(3) designates which measures identified under paragraph
(1) are priority concerns;
(4) sets forth a strategy and actions to be taken by
Federal departments and agencies in response to measures
identified under paragraph (1); and
(5) provides information with respect to any action taken
(or the reasons if no action is taken) in response to any such
measures identified in prior years' reports, including such
actions as are required under section 5.
(b) Form of Reports.--The reports and action plans required under
subsection (a) may contain a classified annex if the Task Force
determines that such is appropriate.
(c) Coordination and Notice.--In preparing each annual report and
action plan required under subsection (a), the Task Force shall--
(1) seek public participation by--
(A) publishing a notice in the Federal Register
that includes instructions on how the public may submit
comments on the report and plan;
(B) holding at least one public hearing; and
(C) establishing a website for the Task Force that
publishes timely information regarding the Task Force's
activities and provides an opportunity for the public
to submit comments to the Task Force;
(2) consult and coordinate with all relevant executive
branch departments and agencies;
(3) consult and share timely information with civil society
groups with expertise in Internet policy and civil liberties;
and
(4) take into account information from such sources as may
be available to the United States Trade Representative and such
information as may be submitted to the Trade Representative by
interested persons, including information contained in reports
submitted under section 181(b) of the Trade Act of 1974 (19
U.S.C. 2241(b)) and petitions submitted under section 302 of
such Act (19 U.S.C. 2412).
(d) Publication.--The Task Force shall publish in the Federal
Register the report and action plan transmitted to Congress under
subsection (a), but shall omit information transmitted to Congress
under subsection (b).
SEC. 5. SECTION 301 INVESTIGATION AND POTENTIAL SANCTIONS.
Not later than 30 days after the transmission of each annual report
and action plan required under section 4, the United States Trade
Representative shall, in accordance with the requirements of sections
301 through 304 of the Trade Act of 1974 (19 U.S.C. 2411 through 2414),
initiate an investigation, make any determinations required, and take
any actions specified under such sections with respect to any acts,
policies, or practices of a foreign government or international body
that are identified in each such annual report and action plan as
priority concerns, including restrictions on sale in the United States
of products developed and manufactured in countries implementing such
acts, policies, or practices.
SEC. 6. REVIEW AND INVESTIGATION BY FEDERAL TRADE COMMISSION AND
DEPARTMENT OF JUSTICE.
(a) Review and Investigation.--The Federal Trade Commission and the
Attorney General shall--
(1) review each act, policy, or practice described in
paragraph (1) of section 4(a) that is contained in a report or
an action plan transmitted under such section to Congress; and
(2) investigate whether such act, policy, or practice (or
any related action by a nongovernmental entity) violates the
antitrust laws of the United States.
(b) Definition.--For purposes of this section, the term ``antitrust
laws'' has the meaning given it in subsection (a) of the first section
of the Clayton Act (15 U.S.C. 12(a)), except that such term includes
section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the
extent such section 5 applies to unfair methods of competition.
SEC. 7. REPORT TO CONGRESS ON INTERNATIONAL TRADE AGREEMENTS.
(a) Report.--Not later than 2 years after the date of the enactment
of this Act, the Task Force shall submit to Congress and the President
a report that--
(1) assesses the sufficiency of existing multilateral and
bilateral trade agreements in--
(A) promoting international trade in Internet-
related goods, services, and content;
(B) encouraging the utilization on a global basis
of technology standards set by international standard-
setting organizations;
(C) protecting the security and functioning of the
Internet;
(D) facilitating the free flow of information on
the Internet; and
(E) protecting the interests of Internet users; and
(2) recommends, as appropriate, modifications of existing
agreements or the negotiation of new agreements to advance the
objectives identified in paragraph (1).
(b) Sense of Congress.--It is the sense of Congress that the
negotiating objectives of the United States for future bilateral and
multilateral trade agreements should include the goals specified in
subsection (a)(1).
(c) Form of Reports.--The report required under subsection (a) may
contain a classified annex if the Task Force determines that such is
appropriate.
(d) Coordination and Notice.--In preparing each report required
under subsection (a), the Task Force shall--
(1) seek public participation by--
(A) publishing a notice in the Federal Register
that includes instructions on how the public may submit
comments on the report and plan;
(B) holding at least one public hearing; and
(C) establishing a website for the Task Force that
publishes timely information regarding the Task Force's
activities and provides an opportunity for the public
to submit comments to the Task Force;
(2) consult and coordinate with all relevant Federal
departments and agencies;
(3) consult and share timely information with civil society
groups with expertise in Internet policy and civil liberties;
and
(4) take into account information from such sources as may
be available to the United States Trade Representative and such
information as may be submitted to the Trade Representative by
interested persons, including information contained in reports
submitted under section 181(b) of the Trade Act of 1974 (19
U.S.C. 2241(b)) and petitions submitted under section 302 of
such Act (19 U.S.C. 2412).
(e) Publication.--The Task Force shall publish in the Federal
Register the report and action plan transmitted to Congress under
subsection (a), but shall omit information transmitted to Congress
under subsection (b).
SEC. 8. STANDARDS-RELATED TRAINING.
The Task Force shall coordinate with intergovernmental, national
government, and private sector entities, including the National
Institute of Standards and Technology, the Patent and Trademark Office,
the Trade and Development Agency, the United States Telecommunications
Training Institute, the Department of Justice, the Federal Trade
Commission, and any other appropriate entities, for the purpose of
organizing training of foreign and domestic government officials and
national standard-setting and conformity assessment bodies with respect
to best practices, including coordination with nongovernmental
international and domestic standards bodies, in accordance with the
annual report and action plan required under section 4.
SEC. 9. OUTSIDE CONSULTATION.
The Task Force shall establish a regularized process to receive and
respond to timely input from businesses, organizations, experts, and
other interested parties regarding the fulfillment of its functions. | Global Free Internet Act of 2012 - Establishes a Task Force on the Global Internet to be hosted by the Department of Commerce.
Requires the Task Force to develop and implement strategies in response to foreign and domestic government policies that: (1) unjustifiably or unreasonably burden or restrict international trade in Internet-related goods, services, and content; (2) mandate or otherwise preference Internet-related technology standards and related measures; (3) impede the free flow of information on the Internet; or (4) otherwise threaten the open, global nature of the Internet, the interests of Internet users, and the United States in Internet-related international trade and discourse.
Directs the Task Force to coordinate the activity of federal agencies to implement such strategies and to consult and share timely information with civil liberty and Internet policy groups.
Requires the Task Force to transmit to the President and Congress specified annual reports and action plans and to hold public hearings and solicit public comment through the Federal Register and the Task Force website.
Instructs the U.S. Trade Representative (USTR) to initiate an investigation of any acts, policies, or practices of a foreign government or international body that are identified in such reports and plans as priority concerns in accordance with the Trade Act of 1974.
Directs the Federal Trade Commission (FTC) and the Attorney General (DOJ) to investigate whether each act, policy, or practice identified in such a report or plan (or any related action by a nongovernmental entity) violates U.S. antitrust laws.
Requires the Task Force to report to Congress and the President on the sufficiency of existing multilateral and bilateral trade agreements in advancing specified objectives that support the goal of a single open, global Internet.
Instructs the Task Force to organize training of foreign and domestic government officials and national standard-setting and conformity assessment bodies, including coordination with nongovernmental international and domestic standards bodies. | {"src": "billsum_train", "title": "To combat trade barriers that threaten the maintenance of an open Internet, that mandate unique technology standards as a condition of market access and related measures, and to promote online free expression and the free flow of information."} | 3,102 | 403 | 0.552584 | 1.839472 | 0.765128 | 4.542466 | 8.306849 | 0.953425 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retiree Health Benefits Act of
2005''.
SEC. 2. FUNDING OF RETIREE HEALTH BENEFITS.
(a) Collectively Bargained Transfer Treated as a Qualified
Transfer.--
(1) In general.--Section 420(b) of the Internal Revenue
Code of 1986 (defining qualified transfer) is amended by
redesignating paragraph (5) as paragraph (6) and by inserting
after paragraph (4) the following new paragraph:
``(5) A collectively bargained transfer (as defined in
subsection (e)(5)) shall be treated as a qualified transfer.''.
(2) Conforming amendments.--
(A) Subparagraph (B) of section 420(b)(2) of such
Code is amended by inserting ``or a collectively
bargained transfer'' after ``paragraph (4)''.
(B) Paragraph (3) of section 420(b) of such Code is
amended to read as follows:
``(3) Limitation on amount transferred.--
``(A) In general.--The amount of excess pension
assets which may be transferred in a qualified transfer
(other than a collectively bargained transfer) shall
not exceed the amount which is reasonably estimated to
be the amount the employer maintaining the plan will
pay (whether directly or through reimbursement) out of
such account during the taxable year of the transfer
for qualified current retiree health liabilities.
``(B) Exception for collectively bargained
transfers.--The amount of excess pension assets which
may be transferred in a collectively bargained transfer
shall not exceed the amount which is reasonably
estimated, in accordance with the provisions of the
collective bargaining agreement and generally accepted
accounting principles, to be the amount the employer
maintaining the plan will pay (whether directly or
through reimbursement) out of such account during the
collectively bargained cost maintenance period for
collectively bargained retiree health liabilities.''.
(C) Section 420(b)(6) of such Code, as redesignated
by paragraph (1), is amended by inserting ``(other than
a collectively bargained transfer)'' after ``No
transfer''.
(b) Requirements of Plans Making Collectively Bargained
Transfers.--
(1) In general.--Paragraph (1) of section 420(c) of the
Internal Revenue Code of 1986 (relating to requirements of plan
transferring assets) is amended to read as follows:
``(1) Use of transferred assets.--
``(A) In general.--Except in the case of a
collectively bargained transfer, any assets transferred
to a health benefits account in a qualified transfer
(and any income allocable thereto) shall be used only
to pay qualified current retiree health liabilities
(other than liabilities of key employees not taken into
account under subsection (e)(1)(D)) for the taxable
year of the transfer (whether directly or through
reimbursement).
``(B) Collectively bargained transfer.--Any assets
transferred to a health benefits account in a
collectively bargained transfer (and any income
allocable thereto) shall be used only to pay
collectively bargained retiree health liabilities
(other than liabilities of key employees not taken into
account under subsection (e)(6)(D)) for the taxable
year of the transfer or for any subsequent taxable year
during the collectively bargained cost maintenance
period (whether directly or through reimbursement).
``(C) Amounts not used to pay for health
benefits.--
``(i) In general.--Any assets transferred
to a health benefits account in a qualified
transfer (and any income allocable thereto)
which are not used as provided in subparagraph
(A) (in the case of a qualified transfer other
than a collectively bargained transfer) or
cannot be used as provided in subparagraph (B)
(in the case of a collectively bargained
transfer) shall be transferred out of the
account to the transferor plan.
``(ii) Tax treatment of amounts.--Any
amount transferred out of an account under
clause (i)--
``(I) shall not be includible in
the gross income of the employer, but
``(II) shall be treated as an
employer reversion for purposes of
section 4980 (without regard to
subsection (d) thereof).
``(D) Ordering rule.--For purposes of this section,
any amount paid out of a health benefits account shall
be treated as paid first out of the assets and income
described in subparagraph (A) (in the case of a
qualified transfer other than a collectively bargained
transfer) or subparagraph (B) (in the case of a
collectively bargained transfer).''.
(2) Conforming amendments.--
(A) Subparagraph (A) of section 420(c)(3) of such
Code is amended to read as follows:
``(A) In general.--The requirements of this
paragraph are met if--
``(i) except as provided in clause (ii),
each group health plan or arrangement under
which applicable health benefits are provided
provides that the applicable employer cost for
each taxable year during the cost maintenance
period shall not be less than the higher of the
applicable employer costs for each of the 2
taxable years immediately preceding the taxable
year of the qualified transfer, and
``(ii) in the case of a collectively
bargained transfer, each collectively bargained
group health plan under which collectively
bargained health benefits are provided provides
that the collectively bargained employer cost
for each taxable year during the collectively
bargained cost maintenance period shall not be
less than the amount specified by the
collective bargaining agreement.''.
(B) Section 420(c)(3) of such Code is amended by
redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively, and by
inserting after subparagraph (B) the following new
subparagraph:
``(C) Collectively bargained employer cost.--For
purposes of this paragraph, the term `collectively
bargained employer cost' means the average cost per
covered individual of providing collectively bargained
retiree health benefits as determined in accordance
with the applicable collective bargaining agreement.
Such agreement may provide for an appropriate reduction
in the collectively bargained employer cost to take
into account any portion of the collectively bargained
retiree health benefits that is provided or financed by
a government program or other source.''.
(C) Subparagraph (E) of section 420(c)(3) of such
Code (as redesignated by subparagraph (B)) is amended
to read as follows:
``(E) Maintenance period.--For purposes of this
paragraph--
``(i) Cost maintenance period.--The term
`cost maintenance period' means the period of 5
taxable years beginning with the taxable year
in which the qualified transfer occurs. If a
taxable year is in 2 or more overlapping cost
maintenance periods, this paragraph shall be
applied by taking into account the highest
applicable employer cost required to be
provided under subparagraph (A)(i) for such
taxable year.
``(ii) Collectively bargained cost
maintenance period.--The term `collectively
bargained cost maintenance period' means, with
respect to each covered retiree and his covered
spouse and dependents, the shorter of--
``(I) the remaining lifetime of
such covered retiree and his covered
spouse and dependents, or
``(II) the period of coverage
provided by the collectively bargained
health plan (determined as of the date
of the collectively bargained transfer)
with respect to such covered retiree
and his covered spouse and
dependents.''.
(c) Limitations on Employer.--Subsection (d) of section 420 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(d) Limitations on Employer.--For purposes of this title--
``(1) Deduction limitations.--No deduction shall be
allowed--
``(A) for the transfer of any amount to a health
benefits account in a qualified transfer (or any
retransfer to the plan under subsection (c)(1)(C)),
``(B) for qualified current retiree health
liabilities or collectively bargained retiree health
liabilities paid out of the assets (and income)
described in subsection (c)(1), or
``(C) except in the case of a collectively
bargained transfer, for any amounts to which
subparagraph (B) does not apply and which are paid for
qualified current retiree health liabilities for the
taxable year to the extent such amounts are not greater
than the excess (if any) of--
``(i) the amount determined under
subparagraph (A) (and income allocable
thereto), over
``(ii) the amount determined under
subparagraph (B).
``(2) Other limitations.--
``(A) No contributions allowed.--Except as provided
in subparagraph (B), an employer may not contribute
after December 31, 1990, any amount to a health
benefits account or welfare benefit fund (as defined in
section 419(e)(1)) with respect to qualified current
retiree health liabilities for which transferred assets
are required to be used under subsection (c)(1)(A).
``(B) Exception.--An employer may contribute an
amount to a health benefits account or welfare benefit
fund (as defined in section 419(e)(1)) with respect to
collectively bargained retiree health liabilities for
which transferred assets are required to be used under
subsection (c)(1)(B), and the deductibility of any such
contribution shall be governed by the limits applicable
to the deductibility of contributions to a welfare
benefit fund under a collective bargaining agreement
(as determined under section 419A(f)(5)(A)) without
regard to whether such contributions are made to a
health benefits account or welfare benefit fund and
without regard to the provisions of section 404 or the
other provisions of this section.''.
(d) Definitions.--Section 420(e) of the Internal Revenue Code of
1986 (relating to definition and special rules) is amended by adding at
the end the following new paragraphs:
``(5) Collectively bargained transfer.--The term
`collectively bargained transfer' means a transfer--
``(A) of excess pension assets to a health benefits
account which is part of such plan in a taxable year
beginning after December 31, 2004,
``(B) which does not contravene any other provision
of law,
``(C) with respect to which are met in connection
with the plan--
``(i) the use requirements of subsection
(c)(1),
``(ii) the vesting requirements of
subsection (c)(2), and
``(iii) the minimum cost requirements of
subsection (c)(3),
``(D) which is made in accordance with a collective
bargaining agreement, and
``(E) which, before the transfer, the employer
designates, in a written notice delivered to each
employee organization that is a party to the collective
bargaining agreement, as a collectively bargained
transfer in accordance with this section.
``(6) Collectively bargained retiree health liabilities.--
``(A) In general.--The term `collectively bargained
retiree health liabilities' means the present value, as
of the beginning of a taxable year and determined in
accordance with the applicable collective bargaining
agreement, of all collectively bargained health
benefits (including administrative expenses) for such
taxable year and all subsequent taxable years during
the collectively bargained cost maintenance period.
``(B) Reduction for amounts previously set aside.--
The amount determined under subparagraph (A) shall be
reduced by the value (as of the close of the plan year
preceding the year of the collectively bargained
transfer) of the assets in all health benefits accounts
or welfare benefit funds (as defined in section
419(e)(1)) set aside to pay for the collectively
bargained retiree health liabilities.
``(C) Key employees excluded.--If an employee is a
key employee (within the meaning of section 416(I)(1))
with respect to any plan year ending in a taxable year,
such employee shall not be taken into account in
computing collectively bargained retiree health
liabilities for such taxable year or in calculating
collectively bargained employer cost under subsection
(c)(3)(C).
``(7) Collectively bargained health benefits.--The term
`collectively bargained health benefits' means health benefits
or coverage which are provided to--
``(A) retired employees who, immediately before the
collectively bargained transfer, are entitled to
receive such benefits upon retirement and who are
entitled to pension benefits under the plan, and their
spouses and dependents, and
``(B) if specified by the provisions of the
collective bargaining agreement governing the
collectively bargained transfer, active employees who,
following their retirement, are entitled to receive
such benefits and who are entitled to pension benefits
under the plan, and their spouses and dependents.
``(8) Collectively bargained health plan.--The term
`collectively bargained health plan' means a group health plan
or arrangement for retired employees and their spouses and
dependents that is maintained pursuant to 1 or more collective
bargaining agreements.''.
(e) Conforming Amendments.--
(1) The last sentence of section 401(h) of the Internal
Revenue Code of 1986 is amended by inserting ``(other than
contributions with respect to collectively bargained retiree
health liabilities within the meaning of section 420(e)(6))''
after ``medical benefits''.
(2) Section 101(e)(3) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1021(e)(3)) is amended by
striking ``Pension Funding Equity Act of 2004'' and inserting
``Retiree Health Benefits Act of 2005.''
(3) Section 403(c)(1) of such Act (29 U.S.C. 1103(c)(1)) is
amended by striking ``Pension Funding Equity Act of 2004'' and
inserting ``Retiree Health Benefits Act of 2005.''
(4) Paragraph (13) of section 408(b) of such Act (29 U.S.C.
1108(b)) is amended--
(A) by striking ``before January 1, 2014'' and
inserting ``in accordance with section 420 of the
Internal Revenue Code of 1986 (as in effect on the date
of the enactment of the Retiree Health Benefits Act of
2005)'', and
(B) by striking ``Pension Funding Equity Act of
2004'' and inserting ``Retiree Health Benefits Act of
2005''.
(f) Effective Date.--The amendments made by this section shall
apply to years beginning after December 31, 2004. | Retiree Health Benefits Act of 2005 - Amends the Internal Revenue Code to permit the tax free transfer of excess pension assets to a health benefits account established to pay collectively bargained retiree health liabilities. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to encourage the funding of collectively bargained retiree health benefits."} | 3,371 | 48 | 0.528709 | 1.245491 | 0.678652 | 4.138889 | 81.805556 | 0.861111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricanes Katrina and Rita
Environmental Justice Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the advisory committee established by section 6.
(2) Environmental justice.--
(A) In general.--The term ``environmental justice''
means the fair treatment of people of all races,
cultures, and socioeconomic groups with respect to the
development, adoption, implementation, and enforcement
of laws, regulations, and policies affecting the
environment.
(B) Fair treatment.--The term ``fair treatment''
means policies and practices that will minimize the
likelihood that a minority, low-income community that
is rural or urban will bear a disproportionate share of
the adverse environmental consequences, or be denied
reasonable access to the environmental benefits,
resulting from implementation of a Federal program or
policy in the Hurricanes Katrina and Rita affected
area.
(3) Federal agency.--The term ``Federal agency'' means--
(A) each Federal entity represented on the Working
Group;
(B) any other entity that conducts any Federal
program or activity that substantially affects human
health or the environment; and
(C) each Federal agency that implements any
program, policy, or activity applicable to Native
Americans.
(5) Hurricanes katrina and rita affected area.--The term
``Hurricanes Katrina and Rita affected area'' means the area
for which the President has declared the existence of a major
disaster, in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), as a consequence of Hurricanes Katrina and Rita
(4) Working group.--The term ``Working Group'' means the
interagency working group established by section 4.
SEC. 3. HURRICANES KATRINA AND RITA ENVIRONMENTAL JUSTICE
RESPONSIBILITIES OF FEDERAL AGENCIES.
(a) Hurricanes Katrina and Rita Environmental Justice Mission.--To
the greatest extent practicable, the head of each Federal agency shall
make achieving environmental justice part of its mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of its programs, policies, and
activities on minority, low-income populations that are rural or urban
in the Hurricanes Katrina and Rita affected area.
(b) Nondiscrimination.--Each Federal agency shall conduct its
programs, policies, and activities in a manner that ensures that such
programs, policies, and activities do not have the effect of excluding
any person or group from participation in, denying any person or group
the benefits of, or subjecting any person or group to discrimination
under, such programs, policies, and activities, because of race, color,
national origin, or income.
SEC. 4. HURRICANES KATRINA AND RITA INTERAGENCY ENVIRONMENTAL JUSTICE
WORKING GROUP.
(a) Creation and Composition.--There is hereby established the
Hurricanes Katrina and Rita Interagency Working Group on Environmental
Justice, to be comprised the following:
(1) The heads of the following executive agencies and
offices (or their designees):
(A) The Department of Defense.
(B) The Department of Health and Human Services.
(C) The Department of Housing and Urban
Development.
(D) The Department of Homeland Security.
(E) The Department of Labor.
(F) The Department of Agriculture.
(G) The Department of Transportation.
(H) The Department of Justice.
(I) The Department of the Interior.
(J) The Department of Commerce.
(K) The Department of Energy.
(L) The Environmental Protection Agency.
(M) The Office of Management and Budget.
(2) Not more than 4 representatives of community-based and
local nonprofit organizations, designated by the Governors of
the States in the Hurricanes Katrina and Rita affected area
acting jointly.
(3) Not more then 4 State and local civic leaders,
designated by the Governors of the States in the Hurricanes
Katrina and Rita affected area acting jointly.
(4) Not more than 4 elected officials, designated by the
Governors of the States in the Hurricanes Katrina and Rita
affected area acting jointly.
(b) Functions.--The Working Group shall--
(1) provide guidance to Federal and State agencies on
criteria for identifying disproportionately high and adverse
human health or environmental effects on minority, low-income
populations that are rural or urban;
(2) coordinate with, provide guidance to, and serve as a
clearinghouse for, Federal and State agencies as Federal
agencies develop or revise an environmental justice strategy
under section 5, in order to ensure that the administration,
interpretation, and enforcement of programs, policies, and
activities are undertaken in a consistent manner;
(3) assist in coordinating research by, and stimulating
cooperation among, the Environmental Protection Agency, the
Department of Health and Human Services, the Department of
Housing and Urban Development, and other Federal agencies
conducting research or other activities in accordance with
strategies under section 5;
(4) assist in coordinating data collection, maintenance,
and analysis required by this Act;
(5) examine existing data and studies on environmental
justice within the Hurricanes Katrina and Rita affected area;
(6) hold public meetings and otherwise solicit public
participation and consider complaints as required under
subsection (c); and
(7) develop interagency model projects on environmental
justice that evidence cooperation among Federal and State
agencies.
(c) Public Participation.--The Working Group shall--
(1) hold public meetings and otherwise solicit public
participation, as appropriate, for the purpose of fact-finding
with regard to implementation of this Act, and prepare for
public review a summary of the comments and recommendations
provided; and
(2) receive, consider, and in appropriate instances conduct
inquiries concerning complaints regarding environmental justice
and the implementation of this Act by Federal and State
agencies.
(d) Annual Reports.--
(1) In general.--Each fiscal year following enactment of
this Act, the Working Group shall submit to the President,
through the Office of the Deputy Assistant to the President for
Environmental Policy and the Office of the Assistant to the
President for Domestic Policy, a report that describes the
implementation of this Act, including, but not limited to, a
report on the final environmental justice strategies described
in section 5 and annual progress made in implementing those
strategies.
(2) Copy of report.--The President shall transmit a copy of
each report submitted to the President under paragraph (1) to
the Speaker of the House of Representatives, the President of
the Senate, and the Governor of each State in the Hurricanes
Katrina and Rita affected area.
SEC. 5. FEDERAL AGENCY STRATEGIES.
(a) Agency-Wide Strategies.--Each Federal agency shall develop an
agency-wide environmental justice strategy that identifies and
addresses disproportionally high and adverse human health or
environmental effects or disproportionally low benefits of its
programs, policies, and activities with respect to minority, low-income
populations that are rural or urban.
(b) Revisions.--Each strategy developed pursuant to subsection (a)
shall identify programs, policies, planning, and public participation
processes, rulemaking, and enforcement activities related to human
health or the environment that should be revised to--
(1) promote enforcement of all health and environmental
statutes in areas with minority, low-income populations that
are rural or urban;
(2) ensure greater public participation;
(3) improve research and data collection relating to the
health and environment of minority, low-income populations that
are rural or urban; and
(4) identify differential patterns of use of natural
resources among minority, low-income populations that are rural
or urban.
(c) Timetables.--Each strategy developed pursuant to subsection (a)
shall include a timetable for undertaking revisions identified pursuant
to subsection (b).
SEC. 6. FEDERAL HURRICANES KATRINA AND RITA ENVIRONMENTAL JUSTICE
ADVISORY COMMITTEE.
(a) Establishment.--There is established a committee to be known as
the Federal Hurricanes Katrina and Rita Environmental Justice Advisory
Committee.
(b) Duties.--The Advisory Committee shall provide independent
advice and recommendations to the Environmental Protection Agency and
the Working Group on areas relating to environmental justice, which may
include any of the following:
(1) Advice on Federal and State agencies' framework
development for integrating socioeconomic programs into
strategic planning, annual planning, and management
accountability for achieving environmental justice results
agency-wide.
(2) Advice on measuring and evaluating agencies' progress,
quality, and adequacy in planning, developing, and implementing
environmental justice strategies, projects, and programs.
(3) Advice on agencies' existing and future information
management systems, technologies, and data collection, and the
conduct of analyses that support and strengthen environmental
justice programs in administrative and scientific areas.
(4) Advice to help develop, facilitate, and conduct reviews
of the direction, criteria, scope, and adequacy of the Federal
agencies' scientific research and demonstration projects
relating to environmental justice.
(5) Advice for improving how the Environmental Protection
Agency and others participate, cooperate, and communicate
within that agency and between other Federal agencies, State
and local governments, environmental justice leaders, interest
groups, and the public.
(6) Advice regarding the Environmental Protection Agency's
administration of grant programs relating to environmental
justice assistance (not to include the review or
recommendations of individual grant proposals or awards).
(7) Advice regarding agencies' awareness, education,
training, and other outreach activities involving environmental
justice.
(c) Advisory Committee.--The Advisory Committee shall be considered
an advisory committee within the meaning of the Federal Advisory
Committee Act (5 U.S.C. App.).
(d) Membership.--
(1) In general.--The Advisory Committee shall be composed
of 21 members to be appointed in accordance with paragraph (2).
Members shall include representatives of--
(A) community-based groups;
(B) industry and business;
(C) academic and educational institutions;
(D) minority health organizations;
(E) State and local governments, federally
recognized tribes, and indigenous groups; and
(F) nongovernmental and environmental groups.
(2) Appointments.--Of the members of the Advisory
Committee--
(A) three members shall be appointed by the
majority leader of the Senate;
(B) three members shall be appointed by the
minority leader of the Senate;
(C) three members shall be appointed by the Speaker
of the House of Representatives;
(D) three members shall be appointed by the
minority leader of the House of Representatives;
(E) two members shall be appointed by the
President; and
(F) for each State in the Hurricanes Katrina and
Rita affected area, one member shall be appointed by
the Governor of such State.
(e) Meetings.--
(1) In general.--The Advisory Committee shall meet at least
twice annually. Meetings shall occur as needed and approved by
the Director of the Office of Environmental Justice of the
Environmental Protection Agency, who shall serve as the officer
required to be appointed under section 10(e) of the Federal
Advisory Committee Act (5 U.S.C. App.) with respect to the
Committee (in this subsection referred to as the ``Designated
Federal Officer'').
(2) Travel and per diem expenses.--The Administrator of the
Environmental Protection Agency may pay travel and per diem
expenses of members of the Advisory Committee when determined
necessary and appropriate.
(3) Agenda.--The Designated Federal Officer or a designee
of such Officer shall be present at all meetings, and each
meeting shall be conducted in accordance with an agenda
approved in advance by such Officer.
(4) Adjournment.--The Designated Federal Officer may
adjourn any meeting when the Designated Federal Officer
determines it is in the public interest to do so.
(5) Open to public.--As required by the Federal Advisory
Committee Act, meetings of the Advisory Committee shall be open
to the public unless the President determines that a meeting or
a portion of a meeting may be closed to the public in
accordance with subsection (c) of section 552b of title 5,
United States Code.
(6) Comments.--Unless a meeting or portion thereof is
closed to the public (in accordance with paragraph (5)), the
Designated Federal Officer shall provide an opportunity for
interested persons to file comments before or after such
meeting or to make statements to the extent that time permits. | Hurricanes Katrina and Rita Environmental Justice Act - Defines "environmental justice" to mean the fair treatment of people of all races, cultures, and socioeconomic groups with respect to the development and implementation of laws affecting the environment.
Requires the heads of federal agencies to make achieving environmental justice part of their missions by identifying and addressing disproportionately high and adverse effects of its programs on minority, low-income populations in the area affected by Hurricanes Katrina and Rita. Requires agencies to conduct programs in a manner to prevent discrimination.
Establishes the Hurricanes Katrina and Rita Interagency Working Group on Environmental Justice. Includes among the functions of the working group providing guidance to federal and state agencies on criteria for identifying effects on such populations.
Requires federal agencies to develop agency-wide environmental justice strategies that address disproportionately high and adverse effects or disproportionately low benefits of their programs with respect to minority, low-income populations. Requires such strategies to identify programs that should be revised to: (1) promote enforcement of all health and environmental statutes in areas with such populations; (2) ensure greater public participation; (3) improve research and data collection; and (4) identify differential patterns of use of natural resources among such populations.
Establishes the Federal Hurricanes Katrina and Rita Environmental Justice Advisory Committee to provide independent advice and recommendations to the Environmental Protection Agency (EPA) and the Working Group on areas relating to environmental justice. | {"src": "billsum_train", "title": "To ensure environmental justice in the areas affected by Hurricanes Katrina and Rita."} | 2,739 | 321 | 0.706018 | 2.054047 | 0.929383 | 4.658088 | 9.441176 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foster Care Reform Commission Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Foster Care
Reform Commission'' (in this Act referred to as the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall study the ongoing foster care crisis in the
United States as well as individual efforts undertaken by States,
localities, and through privately administered foster care programs. In
reviewing the efforts of localities, States and private foster care
programs, the Commission shall determine a list of best practices that
would help advance safe and reliable foster care in the United States.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--Not later than 6 months after the date
of the enactment of this Act:
(1) Congressional members.--4 Commission members shall be
appointed as follows:
(A) 1 Senator appointed by the Majority Leader of
the Senate.
(B) 1 Senator appointed by the Minority Leader of
the Senate.
(C) 1 Representative appointed by the Speaker of
the House.
(D) 1 Representative appointed by the Minority
Leader of the House of Representatives.
(2) Other members.--The 4 Commission members appointed
under paragraph (1) shall meet and select from among themselves
a chairman, who shall preside over a meeting to appoint 11
additional Commission members--
(A) 5 of whom shall be experts on child care and
foster care issues from the private sector;
(B) 1 of whom shall be an expert on child care and
foster care issues from the public sector; and
(C) 5 of whom shall be experts on child care and
foster care issues from academia.
(b) Political Affiliation.--Not more than 8 Commission members
appointed may be of the same political party.
(c) Terms.--
(1) Life of commission.--Each Commission member shall be
appointed for the life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(d) No Pay.--Commission members shall not receive compensation by
reason of service on the Commission.
(e) Travel Expenses.--Each Commission member shall receive travel
expenses, including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
(f) Quorum.--8 members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
(g) Chairperson; Co-Chairperson.--The Commission shall have a
Chairperson and a co-Chairperson, only 1 of whom shall be a Member of
Congress.
(h) Meetings.--The Commission shall meet at the call of the
Chairperson and co-Chairperson, or of a majority of its members.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson and co-Chairperson of the Commission, with
the approval of the Secretary of Health and Human Services. To the
extent or in the amounts provided in advance in appropriation Acts, the
Director shall be paid at a rate not to exceed the rate of basic pay
for Level V of the Executive Schedule.
(b) Staff.--With the approval of the Chairperson and the co-
Chairperson of the Commission, the Director may appoint additional
personnel as the Chairperson and co-Chairperson consider appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission shall be appointed subject to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and shall be paid in accordance with the provisions of chapter
51 and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(d) Staff of Federal Agencies.--Upon request of the Chairperson and
co-Chairperson, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying out its
duties under this Act.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may request any
department or agency of the United States to furnish the Commission
with such information as the Commission deems necessary to enable the
Commission to carry out this Act.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 7. REPORT.
Not later than 2 years after all original Commission members are
appointed, the Commission shall transmit to the President, the
Congress, and the Secretary of Health and Human Services a report that
contains a detailed statement of the findings and conclusions of the
Commission regarding reform of the foster care system, together with
its recommendations for such legislation and administrative action as
the Commission deems appropriate.
SEC. 8. TERMINATION.
The Commission shall terminate on the date the report required by
section 7 is so transmitted. | Foster Care Reform Commission Act - Establishes the Foster Care Reform Commission to study and report to the President, Congress, and the Secretary of Health and Human Services on the ongoing foster care crisis in the United States as well as individual efforts undertaken by States, localities, and through privately administered foster care programs. Requires the Commission, in reviewing such efforts, to determine a list of best practices that would help advance safe and reliable foster care in the United States. | {"src": "billsum_train", "title": "To establish a Foster Care Reform Commission to study the foster care crisis in the United States."} | 1,316 | 98 | 0.611688 | 1.540096 | 1.277561 | 7.337079 | 13.213483 | 0.977528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Sea Grant College Program
Act Amendments of 2002''.
SEC. 2. AMENDMENTS TO FINDINGS.
Section 202(a)(6) of the National Sea Grant College Program Act (33
U.S.C. 1121(a)(6)) is amended by striking the period at the end and
inserting ``, including strong collaborations between Administration
scientists and scientists at academic institutions.''.
SEC. 3. REQUIREMENTS APPLICABLE TO NATIONAL SEA GRANT COLLEGE PROGRAM.
(a) Quadrennial Strategic Plan.--Section 204(c)(1) of the National
Sea Grant College Program Act (33 U.S.C. 1123(c)(1)) is amended to read
as follows:
``(1) The Secretary, in consultation with the panel, sea grant
colleges, and sea grant institutes, shall develop at least every 4
years a strategic plan that establishes priorities for the national
sea grant college program, provides an appropriately balanced
response to local, regional, and national needs, and is reflective
of integration with the relevant portions of the strategic plans of
the Department of Commerce and of the Administration.''.
(b) Program Evaluation and Rating.--
(1) Evaluation and rating requirement.--Section 204(d)(3)(A) of
the National Sea Grant College Program Act (33 U.S.C.
1123(d)(3)(A)) is amended to read as follows:
``(A)(i) evaluate the performance of the programs of sea
grant colleges and sea grant institutes, using the priorities,
guidelines, and qualifications established by the Secretary
under subsection (c), and determine which of the programs are
the best managed and carry out the highest quality research,
education, extension, and training activities; and
``(ii) rate the programs according to their relative
performance (as determined under clause (i)) into no less than
5 categories, with each of the 2 best-performing categories
containing no more than 25 percent of the programs;''.
(2) Review of evaluation and rating process.--(A) After 3 years
after the date of the enactment of this Act, the Secretary of
Commerce, acting through the Under Secretary of Commerce for Oceans
and Atmosphere, shall contract with the National Academy of
Sciences--
(i) to review the effectiveness of the evaluation and
rating system under the amendment made by paragraph (1) in
determining the relative performance of programs of sea grant
colleges and sea grant institutes;
(ii) to evaluate whether the sea grant programs have
improved as a result of the evaluation process; and
(iii) to make appropriate recommendations to improve the
overall effectiveness of the evaluation process.
(B) The National Academy of Sciences shall submit a report to
the Congress on the findings and recommendations of the panel under
subparagraph (A) by not later than 4 years after the date of the
enactment of this Act.
(c) Allocation of Funding.--Section 204(d)(3)(B) of the National
Sea Grant College Program Act (33 U.S.C. 1123(d)(3)(B)) is amended by
striking ``and'' after the semicolon at the end of clause (ii) and by
adding at the end the following:
``(iv) encourage and promote coordination and
cooperation between the research, education, and outreach
programs of the Administration and those of academic
institutions; and''.
SEC. 4. COST SHARE.
Section 205(a) of the National Sea Grant College Program Act (33
U.S.C. 1124(a)) is amended by striking ``section 204(d)(6)'' and
inserting ``section 204(c)(4)(F)''.
SEC. 5. FELLOWSHIPS.
(a) Ensuring Equal Access.--Section 208(a) of the National Sea
Grant College Program Act (33 U.S.C. 1127(a)) is amended by adding at
the end the following: ``The Secretary shall strive to ensure equal
access for minority and economically disadvantaged students to the
program carried out under this subsection. Not later than 1 year after
the date of the enactment of the National Sea Grant College Program Act
Amendments of 2002, and every 2 years thereafter, the Secretary shall
submit a report to the Congress describing the efforts by the Secretary
to ensure equal access for minority and economically disadvantaged
students to the program carried out under this subsection, and the
results of such efforts.''.
(b) Postdoctoral Fellows.--Section 208(c) of the National Sea Grant
College Program Act (33 U.S.C. 1127(c)) is repealed.
SEC. 6. TERMS OF MEMBERSHIP FOR SEA GRANT REVIEW PANEL.
Section 209(c)(2) of the National Sea Grant College Program Act (33
U.S.C. 1128(c)(2)) is amended by striking the first sentence and
inserting the following: ``The term of office of a voting member of the
panel shall be 3 years for a member appointed before the date of
enactment of the National Sea Grant College Program Act Amendments of
2002, and 4 years for a member appointed or reappointed after the date
of enactment of the National Sea Grant College Program Act Amendments
of 2002. The Director may extend the term of office of a voting member
of the panel appointed before the date of enactment of the National Sea
Grant College Program Act Amendments of 2002 by up to 1 year.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Subsections (a), (b), and (c) of section 212 of the National Sea
Grant College Program Act (33 U.S.C. 1131) are amended to read as
follows:
``(a) Authorization.--
``(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this title--
``(A) $60,000,000 for fiscal year 2003;
``(B) $75,000,000 for fiscal year 2004;
``(C) $77,500,000 for fiscal year 2005;
``(D) $80,000,000 for fiscal year 2006;
``(E) $82,500,000 for fiscal year 2007; and
``(F) $85,000,000 for fiscal year 2008.
``(2) Priority activities.--In addition to the amounts
authorized under paragraph (1), there are authorized to be
appropriated for each of fiscal years 2003 through 2008--
``(A) $5,000,000 for competitive grants for university
research on the biology and control of zebra mussels and other
important aquatic nonnative species;
``(B) $5,000,000 for competitive grants for university
research on oyster diseases, oyster restoration, and oyster-
related human health risks;
``(C) $5,000,000 for competitive grants for university
research on the biology, prevention, and forecasting of harmful
algal blooms, including Pfiesteria piscicida; and
``(D) $3,000,000 for competitive grants for fishery
extension activities conducted by sea grant colleges or sea
grant institutes to enhance, and not supplant, existing core
program funding.
``(b) Limitations.--
``(1) Administration.--There may not be used for administration
of programs under this title in a fiscal year more than 5 percent
of the lesser of--
``(A) the amount authorized to be appropriated under this
title for the fiscal year; or
``(B) the amount appropriated under this title for the
fiscal year.
``(2) Use for other offices or programs.--Sums appropriated
under the authority of subsection (a)(2) shall not be available for
administration of this title by the National Sea Grant Office, for
any other Administration or department program, or for any other
administrative expenses.
``(c) Distribution of Funds.--In any fiscal year in which the
appropriations made under subsection (a)(1) exceed the amounts
appropriated for fiscal year 2003 for the purposes described in such
subsection, the Secretary shall distribute any excess amounts (except
amounts used for the administration of the sea grant program) to any
combination of the following:
``(1) sea grant programs, according to their rating under
section 204(d)(3)(A);
``(2) national strategic investments authorized under section
204(b)(4);
``(3) a college, university, institution, association, or
alliance for activities that are necessary for it to be designated
as a sea grant college or sea grant institute; and
``(4) a sea grant college or sea grant institute designated
after the date of enactment of the National Sea Grant College
Program Act Amendments of 2002 but not yet evaluated under section
204(d)(3)(A).''.
SEC. 8. ANNUAL REPORT ON PROGRESS IN BECOMING DESIGNATED AS SEA GRANT
COLLEGES AND SEA GRANT INSTITUTES.
Section 207 of the National Sea Grant College Program Act (16
U.S.C. 1126) is amended by adding at the end the following:
``(e) Annual Report on Progress.--
``(1) Report requirement.--The Secretary shall report annually
to the Committee on Resources and the Committee on Science of the
House of Representatives, and to the Committee on Commerce,
Science, and Transportation of the Senate, on efforts and progress
made by colleges, universities, institutions, associations, and
alliances to become designated under this section as sea grant
colleges or sea grant institutes, including efforts and progress
made by sea grant institutes in being designated as sea grant
colleges.
``(2) Territories and freely associated states.--The report
shall include description of--
``(A) efforts made by colleges, universities, associations,
institutions, and alliances in United States territories and
freely associated States to develop the expertise necessary to
be designated as a sea grant institute or sea grant college;
``(B) the administrative, technical, and financial
assistance provided by the Secretary to those entities seeking
to be designated; and
``(C) the additional actions or activities necessary for
those entities to meet the qualifications for such designation
under subsection (a)(1).''.
SEC. 9. COORDINATION.
Not later than February 15 of each year, the Under Secretary of
Commerce for Oceans and Atmosphere and the Director of the National
Science Foundation shall jointly submit to the Committees on Resources
and Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on how the
oceans and coastal research activities of the National Oceanic and
Atmospheric Administration, including the Coastal Ocean Program and the
National Sea Grant College Program, and of the National Science
Foundation will be coordinated during the fiscal year following the
fiscal year in which the report is submitted. The report shall describe
in detail any overlapping ocean and coastal research interests between
the agencies and specify how such research interests will be pursued by
the programs in a complementary manner.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Sea Grant College Program Act Amendments of 2002 - Amends the National Sea Grant College Program Act to require the Secretary of Commerce to develop a strategic plan for the national sea grant college program at least quadrennially. Requires that such plan integrate with the strategic plans of the Department of Commerce and National Oceanic and Atmospheric Administration (NOAA) as well as balance local, regional, and national needs.Revises requirements for evaluation of sea grant college and institute programs. Requires the Director of the National Sea Grant College Program to rate such programs according to their relative performance into at least five categories, with each of the two best-performing categories containing at most 25 percent of the programs.Requires the Secretary, acting through the Under Secretary of Commerce for Oceans and Atmosphere, to contract with the National Academy of Sciences to evaluate such rating system.Requires the Secretary to report to Congress on efforts to ensure equal access for minority and economically disadvantaged students to the graduate and post-graduate fellowship program.Eliminates the postdoctoral fellowship program.Increases from three years to four years the membership term for the sea grant review panel.Authorizes appropriations for: (1) FY 2004 through 2008; (2) competitive grants for research on the biology and control of zebra mussels and other important aquatic nonnative species, on oyster health issues, on harmful algal blooms (including Pfiesteria piscicida); and (3) competitive grants for fishery extension activities to enhance (and not supplant) existing core program funding. Limits the percentage of funds available for administration.Requires the Secretary to distribute any appropriations in excess of FY 2003 levels to any combination of: (1) sea grant programs, according to their performance rating; (2) national strategic investments; (3) sea grant program qualifying activities; and (4) sea grant colleges or institutes designated after this Act's enactment, but not yet evaluated.Requires annual reports to specified congressional committees by: (1) the Secretary of Commerce on qualifying efforts of institutions to become a part of this program, including institutions in the territories and freely associated States; and (2) the Under Secretary of Commerce for Oceans and Atmosphere jointly with the Director of the National Science Foundation on the coordination during the following fiscal year of the ocean and coastal research activities of NOAA (including the National Sea Grant College and Coastal Ocean Programs) and the National Science Foundation. | {"src": "billsum_train", "title": "To reauthorize the National Sea Grant College Program Act, and for other purposes."} | 2,419 | 529 | 0.683579 | 2.249349 | 0.737724 | 3.304825 | 4.739035 | 0.905702 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Desert and Mountain
Heritage Act''.
TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS
SEC. 101. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means--
(1) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
SEC. 102. DESIGNATION OF WILDERNESS, CLEVELAND AND SAN BERNARDINO
NATIONAL FORESTS, JOSHUA TREE NATIONAL PARK, AND BUREAU
OF LAND MANAGEMENT LAND IN RIVERSIDE COUNTY, CALIFORNIA.
(a) Agua Tibia Wilderness Addition.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Cleveland
National Forest and certain land administered by the Bureau of Land
Management in Riverside County, California, together comprising
approximately 1,950 acres, as generally depicted on the map entitled
``Agua Tibia Proposed Wilderness, Bureau of Land Management and
Cleveland National Forest'' and dated _____, is designated as
wilderness and is incorporated in, and shall be deemed to be a part of,
the Agua Tibia Wilderness designated by section 2(a) of Public Law 93-
632 (88 Stat. 2154; 16 U.S.C. 1132 note).
(b) Cahuilla Mountain Wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San
Bernardino National Forest, California, comprising approximately 7,131
acres, as generally depicted on the map entitled ``Cahuilla Mountain
Proposed Wilderness, San Bernardino National Forest'' and dated _____,
is designated as wilderness and, therefore, as a component of the
National Wilderness Preservation System, which shall be known as the
``Cahuilla Mountain Wilderness''.
(c) South Fork San Jacinto Wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San
Bernardino National Forest, California, comprising approximately 21,760
acres, as generally depicted on the map entitled ``South Fork San
Jacinto Proposed Wilderness, San Bernardino National Forest'' and dated
_____, is designated as wilderness and, therefore, as a component of
the National Wilderness Preservation System, which shall be known as
the ``South Fork San Jacinto Wilderness''.
(d) Santa Rosa Wilderness Addition.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San
Bernardino National Forest, California, comprising approximately 14
acres, as generally depicted on the map entitled ``Santa Rosa Proposed
Wilderness Addition, San Bernardino National Forest'' and dated _____,
is designated as wilderness and is incorporated in, and shall be deemed
to be a part of, the Santa Rosa Wilderness designated by section
101(a)(28) of Public Law 98-425 (98 Stat. 1623; 16 U.S.C. 1132 note).
(e) Beauty Mountain Wilderness.--In accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau
of Land Management in Riverside County, California, comprising
approximately 16,700 acres, as generally depicted on the map entitled
``Beauty Mountain Proposed Wilderness'' and dated _____, is designated
as wilderness and, therefore, as a component of the National Wilderness
Preservation System, which shall be known as the ``Beauty Mountain
Wilderness''.
(f) Joshua Tree National Park Wilderness Addition.--In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in
Joshua Tree National Park, comprising approximately 37,050 acres, as
generally depicted on the map entitled ``Joshua Tree National Park
Proposed Wilderness Additions'' and dated _____, is designated as
wilderness and is incorporated in, and shall be deemed to be a part of,
the Joshua Tree Wilderness designated by section 1(g) of Public Law 94-
567 (90 Stat. 2692; 16 U.S.C. 1132 note).
(g) Maps and Descriptions.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area and wilderness
addition designated by this section with the Committee on
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(2) Force of law.--A map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available for
public inspection in the appropriate office of the Secretary.
SEC. 103. JOSHUA TREE NATIONAL PARK POTENTIAL WILDERNESS.
(a) Designation of Potential Wilderness.--Certain land in the
Joshua Tree National Park, comprising approximately 41,100 acres, as
generally depicted on the map entitled ``Joshua Tree National Park
Potential Wilderness Addition'' and dated _____, is designated
potential wilderness and shall be managed by the Secretary of the
Interior insofar as practicable as wilderness until such time as the
land is designated as wilderness pursuant to subsection (b).
(b) Designation as Wilderness.--The land designated potential
wilderness by subsection (a) shall be designated as wilderness and
incorporated in, and be deemed to be a part of, the Joshua Tree
Wilderness designated by section 1(g) of Public Law 94-567 (90 Stat.
2692; 16 U.S.C. 1132 note), effective upon publication by the Secretary
of the Interior in the Federal Register of a notice that--
(1) all uses of the land within the potential wilderness
prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) have
ceased; or
(2) sufficient inholdings within the boundaries of the
potential wilderness have been acquired to establish a
manageable wilderness unit.
(c) Map and Description.--
(1) In general.--As soon as practicable after the date on
which the notice required by subsection (b) is published in the
Federal Register, the Secretary shall file a map and legal
description of the land designated as wilderness and potential
wilderness by this section with the Committee on Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available for
public inspection in the appropriate office of the Secretary.
SEC. 104. ADMINISTRATION OF WILDERNESS.
(a) Management.--Subject to valid existing rights, the land
designated as wilderness or as a wilderness addition by this title
shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date of that
Act shall be deemed to be a reference to--
(A) the date of the enactment of this Act; or
(B) in the case of the wilderness addition
designated by subsection (b) of section 103, the date
on which the notice required by such subsection is
published in the Federal Register; and
(2) any reference in that Act to the Secretary of
Agriculture shall be deemed to be a reference to the Secretary
that has jurisdiction over the land.
(b) Incorporation of Acquired Land and Interests.--Any land within
the boundaries of a wilderness area or wilderness addition designated
by this title that is acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this title, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(c) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the land designated as wilderness by this
title is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(d) Fire, Insect, and Disease Management Activities.--The Secretary
may take such measures in a wilderness area or wilderness addition
designated by this title as are necessary for the control and
prevention of fire, insects, and diseases, in accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report
No. 98-40 of the 98th Congress.
TITLE II--WILD AND SCENIC RIVER DESIGNATIONS
SEC. 201. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE COUNTY,
CALIFORNIA.
(a) Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following new paragraphs:
``(_) North Fork San Jacinto River, California.--The following
segments of the North Fork San Jacinto River in the State of
California, to be administered by the Secretary of Agriculture:
``(A) The 2.12-mile segment from the source of the North
Fork San Jacinto River at Deer Springs in Mt. San Jacinto State
Park to the State Park boundary, as a wild river.
``(B) The 1.66-mile segment from the Mt. San Jacinto State
Park boundary to the Lawler Park boundary in section 26,
township 4 south, range 2 east, San Bernardino meridian, as a
scenic river.
``(C) The 0.68-mile segment from the Lawler Park boundary
to its confluence with Fuller Mill Creek, as a recreational
river.
``(D) The 2.15-mile segment from its confluence with Fuller
Mill Creek to .25 miles upstream of the 5S09 road crossing, as
a wild river.
``(E) The 0.6-mile segment from .25 miles upstream of the
5S09 Road crossing to its confluence with Stone Creek, as a
scenic river.
``(F) The 2.91-mile segment from the Stone Creek confluence
to the northern boundary of section 17, township 5 south, range
2 east, San Bernardino meridian, as a wild river.
``(_) Fuller Mill Creek, California.--The following segments of
Fuller Mill Creek in the State of California, to be administered by the
Secretary of Agriculture:
``(A) The 1.2-mile segment from the source of Fuller Mill
Creek in the San Jacinto Wilderness to the Pinewood property
boundary in section 13, township 4 south, range 2 east, San
Bernardino meridian, as a scenic river.
``(B) The 0.9-mile segment in the Pine Wood property, as a
recreational river.
``(C) The 1.4-mile segment from the Pinewood property
boundary in section 23, township 4 south, range 2 east, San
Bernardino meridian, to its confluence with the North Fork San
Jacinto River, as a scenic river.
``(_) Palm Canyon Creek, California.--The 8.1-mile segment of Palm
Canyon Creek in the State of California from the southern boundary of
section 6, township 7 south, range 5 east, San Bernardino meridian, to
the San Bernardino National Forest boundary in section 1, township 6
south, range 4 east, San Bernardino meridian, to be administered by the
Secretary of Agriculture as a wild river.
``(_) Bautista Creek, California.--The 9.8-mile segment of Bautista
Creek in the State of California from the San Bernardino National
Forest boundary in section 36, township 6 south, range 2 east, San
Bernardino meridian, to the San Bernardino National Forest boundary in
section 2, township 6 south, range 1 east, San Bernardino meridian, to
be administered by the Secretary of Agriculture as a recreational
river.''.
TITLE III--BOUNDARY ADJUSTMENT
SEC. 106. BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN JACINTO MOUNTAINS
NATIONAL MONUMENT.
Section 2 of the Santa Rosa and San Jacinto Mountains National
Monument Act of 2000 (Public Law 106-351; 114 U.S.C. 1362; 16 U.S.C.
431 note) is amended by adding at the end the following new subsection:
``(e) Expansion of Boundaries.--In addition to the land described
in subsection (c), the lands identified as additions to the National
Monument on the maps entitled `Santa Rosa and San Jacinto Mountains
Addition, Santa Rosa Peak Area,' and `Santa Rosa and San Jacinto
Mountains Addition, Snow Creek Area' and dated _____, are included
within the boundaries of the National Monument.''. | California Desert and Mountain Heritage Act - Designates as wilderness: (1) certain Bureau of Land Management (BLM) lands in the Cleveland National Forest, to be part of the Agua Tibia Wilderness; (2) specified lands in the San Bernardino National Forest to be known as the Cahuilla Mountain Wilderness and the South Fork San Jacinto Wilderness and as part of the Santa Rosa Wilderness; (3) certain BLM land in Riverside County, California, to be known as the Beauty Mountain Wilderness; and (4) certain land in Joshua Tree National Park, to be part of the Joshua Tree Wilderness.
Designates certain lands in the Joshua Tree National Park as potential wilderness. Requires the Secretary of the Interior to manage such land as wilderness until it is incorporated into the Joshua Tree Wilderness (effective when the Secretary publishes notice that all uses of the land prohibited by the Wilderness Act have ceased or that sufficient inholdings have been acquired to establish a manageable wilderness unit).
Amends the Wild and Scenic Rivers Act to designate as wild, scenic, or recreational rivers specified segments of the North Fork San Jacinto River, Fuller Mill Creek, Palm Canyon Creek, and Bautista Creek in California.
Amends the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 to include additional lands within the boundaries of the Santa Rosa and San Jacinto Mountains National Monument. | {"src": "billsum_train", "title": "To designate certain Federal lands in Riverside County, California, as wilderness, to designate certain river segments in Riverside County as a wild, scenic, or recreational river, to adjust the boundary of the Santa Rosa and San Jacinto Mountains National Monument, and for other purposes."} | 3,197 | 319 | 0.654224 | 1.985983 | 0.761481 | 3.289575 | 10.15444 | 0.934363 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental and Economic Benefits
Restoration Act of 2016''.
SEC. 2. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION PROGRAM.
(a) In General.--Section 13A of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2109a) is amended to read as follows:
``SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION
PROGRAM.
``(a) Purpose.--The purpose of this section is to establish a
landscape-scale restoration program to support landscape-scale
restoration and management that results in measurable improvements to
public benefits derived from State and private forest land, as
identified in--
``(1) a State-wide assessment described in section
2A(a)(1); and
``(2) a long-term State-wide forest resource strategy
described in section 2A(a)(2).
``(b) Definitions.--In this section:
``(1) Private forest land.--The term `private forest land'
means land that--
``(A)(i) has existing tree cover; or
``(ii) is suitable for growing trees; and
``(B) is owned by--
``(i) an Indian tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)); or
``(ii) any private individual or entity.
``(2) Regional.--The term `regional' means of any region of
the National Association of State Foresters.
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
``(4) State forester.--The term `State Forester' means a
State Forester or equivalent State official.
``(c) Establishment.--The Secretary, in consultation with State
Foresters, shall establish a landscape-scale restoration program to
provide financial and technical assistance for landscape-scale
restoration projects on State, political subdivision, or private forest
land that maintain or improve benefits from trees and forests on the
land.
``(d) Requirements.--The landscape-scale restoration program
established under subsection (c) shall--
``(1) measurably address the national private forest
conservation priorities described in section 2(c);
``(2) enhance public benefits from trees and forests, as
identified in--
``(A) a State-wide assessment described in section
2A(a)(1); and
``(B) a long-term State-wide forest resource
strategy described in section 2A(a)(2); and
``(3) in accordance with the purposes described in section
2(b), have 1 or more objectives including--
``(A) protecting or improving water quality or
quantity;
``(B) reducing wildfire risk;
``(C) protecting or enhancing wildlife habitat,
consistent with wildlife objectives established by the
applicable State fish and wildlife agency;
``(D) improving forest health, including addressing
native, nonnative, and invasive pests; or
``(E) enhancing opportunities for new and existing
markets in which the production and use of wood
products strengthens local and regional economies.
``(e) Measurement.--The Secretary, in consultation with State
Foresters, shall establish a measurement system, including measurement
tools, that--
``(1) consistently measures the results of landscape-scale
restoration projects described in subsection (c); and
``(2) is consistent with the measurement systems of other
Federal programs delivered by State Foresters.
``(f) Use of Amounts.--
``(1) Allocation.--Of amounts made available for the
landscape-scale restoration program established under
subsection (c), the Secretary shall allocate--
``(A) 50 percent for the competitive process in
accordance with subsection (g); and
``(B) 50 percent proportionally to States, in
consultation with State Foresters--
``(i) to maximize the achievement of the
objectives described in subsection (d)(3); and
``(ii) to address the highest national
priorities, as identified in--
``(I) State-wide assessments
described in section 2A(a)(1); and
``(II) long-term State-wide forest
resource strategies described in
section 2A(a)(2).
``(2) Multiyear projects.--The Secretary may provide
amounts under this section for multiyear projects.
``(g) Competitive Process.--
``(1) In general.--The Secretary shall distribute amounts
described in subsection (f)(1)(A) through a competitive process
for landscape-scale restoration projects described in
subsection (c) to maximize the achievement of the objectives
described in subsection (d)(3).
``(2) Eligibility.--To be eligible for funding through the
competitive process described in paragraph (1), a State
Forester, or another entity on approval of the State Forester,
shall submit to the Secretary 1 or more landscape-scale
restoration proposals that--
``(A) in accordance with paragraph (3), include
priorities identified in--
``(i) State-wide assessments described in
section 2A(a)(1); and
``(ii) long-term State-wide forest resource
strategies described in section 2A(a)(2);
``(B) identify 1 or more measurable results to be
achieved through the project;
``(C) to the maximum extent practicable, include
activities on all land necessary to accomplish the
measurable results in the applicable landscape;
``(D) to the maximum extent practicable, are
developed in collaboration with other public and
private sector organizations and local communities; and
``(E) derive not less than 50 percent of the
funding for the project from non-Federal sources,
unless the Secretary determines--
``(i) the applicant is unable to derive not
less than 50 percent of the funding for the
project from non-Federal sources; and
``(ii) the benefits of the project justify
pursuing the project.
``(3) Prioritization.--The Secretary shall give priority to
projects that, as determined by the Secretary, best carry out
priorities identified in State-wide assessments described in
section 2A(a)(1) and long-term State-wide forest resource
strategies described in section 2A(a)(2), including--
``(A) involvement of public and private
partnerships;
``(B) inclusion of cross-boundary activities on
Federal, State, local, or private forest land;
``(C) involvement of areas also identified for
cost-share funding by the Natural Resources
Conservation Service or any other relevant Federal
agency;
``(D) protection or improvement of water quality or
quantity;
``(E) reduction of wildfire risk;
``(F) protection or enhancement of wildlife
habitat, consistent with wildlife objectives
established by the applicable State fish and wildlife
agency;
``(G) improvement of forest health, including
addressing native, nonnative, and invasive pests;
``(H) enhancement of opportunities for new and
existing markets in which the production and use of
wood products strengthens local and regional economies;
and
``(I) otherwise addressing the national private
forest conservation priorities described in section
2(c).
``(4) Proposal review.--
``(A) In general.--The Secretary shall establish a
process for the review of proposals submitted under
paragraph (2) that ranks each proposal based on--
``(i) the extent to which the proposal
would achieve the requirements described in
subsection (d); and
``(ii) the priorities described in
paragraph (3).
``(B) Regional review.--The Secretary may carry out
the process described in subparagraph (A) at a regional
level.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for the landscape-scale restoration
program established under subsection (c) $30,000,000 for each of fiscal
years 2016 through 2020, to remain available until expended.''.
SEC. 3. PROMOTING CROSS-BOUNDARY WILDFIRE MITIGATION.
Section 103 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6513) is amended--
(1) in subsection (d), by adding at the end the following:
``(3) Cross-boundary considerations.--For any fiscal year
for which the amount appropriated for hazardous fuels reduction
is in excess of $300,000,000, the Secretary--
``(A) is encouraged to use the excess amounts for
projects that include cross-boundary consideration; and
``(B) of that excess amount, may use, through
grants to State Foresters, to support hazardous fuel
reduction projects on non-Federal land in accordance
with subsection (e) an amount equal to the greater of--
``(i) 20 percent; and
``(ii) $20,000,000.''; and
(2) by adding at the end the following:
``(e) Cross-Boundary Fuels Reduction Projects.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall use the funds described in subsection (d)(3) to
support hazardous fuel reduction projects that incorporate
treatments in landscapes across ownership boundaries on
Federal, State, county, or tribal land, private land, and other
non-Federal land, particularly in areas identified as
priorities in applicable State-wide forest resource assessments
or strategies under section 2A(a) of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2101a(a)), as mutually agreed
to by the State Forester and the Regional Forester.
``(2) Land treatments.--To conduct and fund treatments for
projects that include Federal and non-Federal land, the
Secretary may--
``(A) use the authorities of the Secretary relating
to cooperation and technical and financial assistance,
including the good neighbor authority under--
``(i) section 8206 of the Agricultural Act
of 2014 (16 U.S.C. 2113a); and
``(ii) section 331 of the Department of the
Interior and Related Agencies Appropriations
Act, 2001 (16 U.S.C. 1011 note; Public Law 106-
291); and
``(B) allocate cross-boundary wildfire mitigation
funds, in accordance with subsection (d)(3) and
paragraph (1), for projects carried out pursuant to
that section (16 U.S.C. 2113a).
``(3) Cooperation.--In carrying out this subsection, the
State Forester, in consultation with the Secretary (or a
designee)--
``(A) shall consult with the owners of State,
county, tribal, and private land and other non-Federal
land with respect to hazardous fuels reduction
projects; and
``(B) shall not implement any project on non-
Federal land without the consent of the owner of the
non-Federal land.
``(4) Existing laws.--Regardless of the individual or
entity implementing a project on non-Federal land under this
subsection, only the laws and regulations that apply to non-
Federal land shall be applicable with respect to the
project.''. | Environmental and Economic Benefits Restoration Act of 2016 This bill amends the Cooperative Forestry Assistance Act of 1978 to direct the Department of Agriculture (USDA) to establish a landscape-scale restoration program to provide financial and technical assistance for landscape-scale restoration projects on state, political subdivision, and private forest lands that maintain or improve benefits from trees and forests on such lands. The program shall: address the national private forest conservation priorities specified under the Act; and enhance public benefits from trees and forests, as identified in a state-wide assessment and a long-term state-wide forest resource strategy under the Act. The program shall also have one or more objectives, including to: protect or improve water quality or quantity; reduce wildfire risk; protect or enhance wildlife habitat, consistent with wildlife objectives established by the applicable state fish and wildlife agency; improve forest health, including addressing native, nonnative, and invasive pests; or enhance opportunities for new and existing markets in which the production and use of wood products strengthens local and regional economies. USDA shall establish a measurement system to measure the results of landscape-scale restoration projects assisted under this bill. USDA shall allocate from the amounts made available under this bill: 50% for the competitive process for distributing funds for landscape-scale restoration projects; and 50% proportionally to states to maximize the achievement of the restoration program's objectives and to address the highest national priorities, as identified in state-wide assessments and long-term state-wide forest resource strategies. The bill amends the Healthy Forests Restoration Act of 2003 to allocate funds and use specified authorities of the USDA or of the Department of the Interior, as appropriate, to assist cross-boundary hazardous fuel reduction and wildfire mitigation programs. | {"src": "billsum_train", "title": "Environmental and Economic Benefits Restoration Act of 2016"} | 2,489 | 359 | 0.6463 | 1.723663 | 0.928761 | 4.505848 | 6.69883 | 0.897661 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Idaho Efficient Vehicle
Demonstration Act of 2008''.
SEC. 2. FINDINGS.
Congress finds that--
(1) States including Montana, Nevada, Utah, and Wyoming
have been grandfathered the right to operate up to 129,000-
pound or greater vehicle combinations on 9 axles or more on
Federal highways;
(2) laws governing Federal highway funding effectively
impose a limit of 105,500 pounds on the weight of vehicles
permitted to use the Interstate System within the State of
Idaho;
(3) the State of Idaho is surrounded by the States
specified in paragraph (1) that allow higher weight limits on
the Interstate System, which puts the State of Idaho at a
disadvantage in moving freight within Idaho and into those
surrounding States;
(4) in 2003, the legislature of the State of Idaho adopted
House Bill 395, which established a 10-year pilot project that
allows vehicle combinations up to 129,000 pounds to be operated
on 10 axles on specific routes in that State, but does not
address the Interstate System;
(5) in enacting the pilot project program in House Bill 395
of the State, the legislature required the Idaho Transportation
Department to report to the legislature on the effect of the
program;
(6) the Idaho Transportation Department is required to
submit reports every 3 years during the 10-year life of the
pilot project program that describe the results of monitoring
and evaluation of all important impacts, including impacts to
safety, bridges, and pavement, on all pilot project routes;
(7) the pilot project program terminates on July 1, 2013,
unless the program is otherwise extended or sooner repealed by
the legislature;
(8) the administration of the pilot project, coupled with
the fact that vehicle combinations cannot operate at 129,000
pounds on the Interstate System, has forced those heavier
vehicle combinations to divert onto small State and local roads
on which higher vehicle weight limits are allowed under State
law;
(9) the diversion of those vehicles onto those roads
increases fuel costs because of increased idling time and total
travel time along those roads;
(10) the cost of transportation fuel has increased more
than 80 percent between calendar years 2007 and 2008; and
(11) permitting commercial vehicles to travel on a select
few Interstate System highways within the State at increased
weight limits would provide--
(A) significant savings in the transportation of
goods throughout the State; and
(B) substantial data and an opportunity for
analysis of the impacts of the vehicles on bridges,
highway safety, and pavements.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered interstate system highway.--The term ``covered
Interstate System highway'' means any portion of a highway
designated as a route on the Interstate System that, as of the
date of enactment of this Act, is not exempt from the
requirements of subsection (a) of section 127 of title 23,
United States Code, pursuant to a waiver under that subsection.
(2) Director.--The term ``Director'' means the Director of
the Idaho Transportation Department.
(3) Interstate system.--The term ``Interstate System'' has
the meaning given the term in section 101(a) of title 23,
United States Code.
(4) Pilot project.--The term ``pilot project'' means the
10-year pilot project of the State, established in 2003 under
House Bill 395 of the State, that permits vehicle combinations
weighing up to 129,000 pounds to be operated on specific routes
in that State.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) State.--The term ``State'' means the State of Idaho.
SEC. 4. WAIVER OF HIGHWAY FUNDING REDUCTION RELATING TO WEIGHT OF
VEHICLES USING INTERSTATE SYSTEM HIGHWAYS.
(a) Prohibition Relating to Certain Vehicles.--Notwithstanding
section 127(a) of title 23, United States Code, the total amount of
funds apportioned to the State under section 104(b)(1) of that title
for any period may not be reduced under section 127(a) of that title if
the State permits a vehicle combination described in subsection (b) to
use a covered Interstate System highway in the State in accordance with
this Act.
(b) Combination Vehicles in Excess of 105,500 Pounds up to 129,000
Pounds.--A vehicle described in this subsection is a vehicle that--
(1) has a weight in excess of 105,500 pounds but not more
than 129,000 pounds;
(2) consists of a power unit hauling 2 or more trailers or
semitrailers;
(3) does not exceed any vehicle weight limitation that is
applicable under State law to the operation of the vehicle on
highways in the State that are not part of the Interstate
System, as those laws are in effect on the date of enactment of
this Act; and
(4) is limited to travel only on--
(A) the portion of Interstate Route 15 extending
from the Montana border to the junction with Interstate
Route 86;
(B) the portion of Interstate Route 86 extending
from the junction of Interstate Route 15 to the
junction with Interstate Route 84; and
(C) the portion of Interstate Route 84 extending
from the Utah border to the Oregon border.
(c) Termination of Authority.--
(1) In general.--Subject to paragraph (2), this section and
the authority provided under this section shall terminate on
July 1, 2013.
(2) Exceptions.--This section and the authority provided
under this section shall terminate on--
(A) a date that is later than the date specified in
paragraph (1), if the project is extended to that later
date by the State; or
(B) any date that is before, on, or after the date
specified in paragraph (1), if the Secretary--
(i) determines that--
(I) operation of vehicles described
in subsection (b) on covered Interstate
System highways has adversely affected
safety on the overall highway system;
or
(II) the Director has failed to
collect the data described in section
5(2); and
(ii) publishes the determination, together
with the date of termination of this section,
in the Federal Register.
(d) Consultation Regarding Termination for Safety.--In making a
determination under subsection (c)(2)(A)(i), the Secretary shall
consult with the Director.
SEC. 5. RESPONSIBILITIES OF STATE .
For the purpose of section 4, the State shall be considered to meet
the conditions under this section if the Director--
(1) submits to the Secretary a plan for use in meeting the
conditions described in paragraph (2); and
(2) collects data on the net effects that the operation of
vehicles described in section 4(b) on covered Interstate System
highways in the State has on the safety of the overall highway
system, as required by House Bill 395 of the State. | Idaho Efficient Vehicle Demonstration Act of 2008 - Prohibits any reduction of the apportionment of federal-aid highway funds to Idaho if: (1) it permits a commercial combination vehicle weighing up to 129,000 pounds to operate on specified routes of the Interstate System within the state; (2) such vehicle does not exceed state weight limits for operation on state highways; and (3) the vehicle is limited to travel only on certain portions of Interstate Routes 15, 84, and 86.
(Under current law, the federal-aid highway funds of a state shall be reduced if it permits a commercial combination vehicle with a weight in excess of federal weight limits to operate on Interstate System highways within the state.) | {"src": "billsum_train", "title": "To permit commercial vehicles at weights up to 129,000 pounds to use certain highways of the Interstate System in the State of Idaho which would provide significant savings in the transportation of goods throughout the United States, and for other purposes."} | 1,505 | 158 | 0.64174 | 1.757065 | 0.699557 | 2.364964 | 10.386861 | 0.934307 |
SECTION 1. TREATMENT OF INVESTMENT LOSSES IN FRAUDULENT PONZI-TYPE
SCHEME.
(a) In General.--Section 165 of the Internal Revenue Code of 1986
(relating to losses) is amended by redesignating subsection (m) as
subsection (n) and by inserting after subsection (l) the following new
subsection:
``(m) Treatment of Investment Losses in Fraudulent Ponzi-Type
Scheme.--
``(1) In general.--If--
``(A) a taxpayer has a loss on an investment in a
fraudulent Ponzi-type scheme, and
``(B) the amount of such loss (without taking into
account any potential recoveries) can reasonably be
estimated as of the close of the taxable year,
then the taxpayer may elect to treat the amount so estimated as
a theft loss described in subsection (c)(2) incurred during the
taxable year.
``(2) Fraudulent ponzi-type scheme.--For purposes of this
subsection, the term `fraudulent Ponzi-type scheme' means any
fraudulent investment operation which was managed in a manner
that provided investors with returns (or purported returns)
derived substantially from investments made by other investors
rather than from profits.
``(3) Treatment of subsequent recoveries.--If the aggregate
estimated losses to which an election under paragraph (1)
applies with respect to a fraudulent Ponzi-type scheme for all
prior taxable years exceeds the aggregate actual losses by
reason of a recovery received or accrued during any taxable
year, the amount of such recovery shall be included in gross
income for such taxable year to the extent of such excess.
Proper adjustments shall be made in the application of the
preceding sentence for additional recoveries in subsequent
taxable years.
``(4) Perpetrators of fraud not covered.--Paragraph (1)
shall not apply to any person who perpetrated the fraud.''.
(b) Extension of Net Operating Loss Carryback Period.--Paragraph
(1) of section 172(b) of such Code is amended by adding at the end the
following new subparagraph:
``(K) Losses attributable to investments in
fraudulent schemes.--
``(i) In general.--Subparagraph (A)(i)
shall be applied by substituting `the
applicable number of taxable years' for `2
taxable years' with respect to the portion of
the net operating loss for the taxable year to
which an election under section 165(m) applies.
``(ii) Applicable number of taxable
years.--For purposes of clause (i), the
applicable number of taxable years is any whole
number elected by the taxpayer which is more
than 2 but not more than the lesser of--
``(I) 10 years, or
``(II) the period that the taxpayer
had amounts invested in the scheme to
which such election applies.
``(iii) Ordering rule.--For purposes of
this subparagraph, the portion of the net
operating loss for any taxable year which is
attributable to a loss to which an election
under section 165(m) applies shall be the
excess of--
``(I) the net operating loss for
such taxable year, over
``(II) the net operating loss for
such taxable year determined without
regard to the amount allowed as a
deduction by reason of an election
under section 165(m).
``(iv) Coordination with paragraph (2).--
For purposes of applying paragraph (2), a loss
to which an election under section 165(m)
applies for any taxable year shall be treated
in a manner similar to the manner in which a
specified liability loss is treated.''.
(c) Waiver of Contribution Base Limitation on Charitable
Contributions.--Subsection (b) of section 170 of such Code is amended
by adding at the end the following new paragraph:
``(4) Waiver of limitation on contributions to charities
with losses from fraudulent ponzi-type scheme.--
``(A) In general.--Paragraphs (1) and (2) shall not
apply to any charity restoration deduction.
``(B) Charity restoration deduction.--
``(i) In general.--For purposes of this
paragraph, the term `charity restoration
deduction' means the amount of charitable
contributions made by the taxpayer during the
taxable year to an organization described in
subsection (c) which are designated by such
organization for purposes of this paragraph.
``(ii) Limitation on amount designated.--
The aggregate amount which may be designated by
an organization for purposes of this paragraph
for all taxable years shall not exceed the
aggregate deduction which would be allowed to
such organization under section 165(m) were
such organization a taxpayer to which section
165(m) applies.
``(C) Overall limitation.--In no event shall the
amount allowed as a deduction under this section for
the taxable year by reason of this paragraph exceed the
excess of the taxpayer's taxable income (determined
without regard to this paragraph) for such year over
the deduction allowed under this section without regard
to this paragraph.''.
(d) Restoration of Unified Credit in Certain Cases.--Section 2505
of such Code (relating to unified credit) is amended by adding at the
end the following new subsection:
``(d) Restoration of Unified Credit in Certain Cases.--
``(1) In general.--If--
``(A) during any preceding calendar year, a
taxpayer made a gift of an interest in an investment
operation later determined to be a fraudulent Ponzi-
type scheme (as defined in section 165(m)(2)),
``(B) the taxpayer reported the amount of such gift
on a timely filed return under this chapter, and
``(C) the taxpayer subsequently makes a gift to the
donee which received the gift referred to in
subparagraph (A),
the amount under subsection (a)(2) for the calendar year in
which the gift referred to in subparagraph (C) is made and
subsequent calendar years (determined without regard to such
gift) shall be reduced by the gift restoration amount.
``(2) Gift restoration amount.--For purposes of paragraph
(1), the gift restoration amount is the lesser of--
``(A) the amount of credit allowable under this
section with respect to the gift described in paragraph
(1)(C) (or would be allowable without regard to the
limitation in subsection (a)(1)), or
``(B) the amount of credit which would be so
allowable with respect to a gift equal to the amount of
the donee's loss on such interest (without taking into
account any potential recoveries) which can reasonably
be estimated as of the close of the calendar year in
which the gift described in paragraph (1)(C) was made.
``(3) Adjustments.--Proper adjustments shall be made in the
application of paragraph (2) with respect to gifts and
recoveries in subsequent calendar years.''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
ending during 2008 or thereafter.
(2) Gift treatment.--The amendment made by subsection (d)
shall apply to gifts referred to in section 2505(d)(1)(C) of
the Internal Revenue Code of 1986 (as added by this section)
made after December 31, 2008. | Amends the Internal Revenue Code to: (1) allow an enhanced tax deduction for losses sustained from a fraudulent Ponzi-type scheme; (2) extend the carryback period for net operating losses attributable to such schemes; (3) waive certain limitations on the charitable tax deduction for contributions to charities with losses from fraudulent Ponzi-type schemes; and (4) restore the gift tax unified credit for gifts of an interest in a fraudulent Ponzi-type scheme. Defines "fraudulent Ponzi-type scheme" as any fraudulent investment operation that provides investors with returns that are derived substantially from investments made by other investors rather than from profits. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide special rules for investments lost in a fraudulent Ponzi-type scheme."} | 1,630 | 133 | 0.565773 | 1.476361 | 0.6046 | 3.081967 | 12.180328 | 0.836066 |
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Family and Medical
Leave Clarification Act''.
(b) References.--Whenever in this Act an amendment is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to that section or other
provision of the Family and Medical Leave Act of 1993.
(c) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; references; table of contents.
Sec. 2. Findings.
Sec. 3. Definition of serious health condition.
Sec. 4. Intermittent leave.
Sec. 5. Request for leave.
Sec. 6. Substitution of paid leave.
Sec. 7. Certification requirements.
Sec. 8. Regulations.
Sec. 9. Effective date.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Family and Medical Leave Act of 1993 (in this
section referred to as the ``Act'') is not working as Congress
intended when it passed the Act in 1993. Many employers,
including those nationally recognized as having generous
family-friendly benefit and leave programs, are experiencing
serious problems complying with the Act.
(2) The Department of Labor's overly broad regulations and
interpretations have caused many of these problems by greatly
expanding the Act's coverage to apply to many non-serious
health conditions.
(3) Documented problems generated by the Act include
significant new administrative and personnel costs, loss of
productivity and scheduling difficulties, unnecessary paperwork
and record keeping, and other compliance problems.
(4) The Act often conflicts with employers' existing paid
sick leave policies and prevent employers from managing
absences through their absence control plans and results in
most leave under the Act becoming paid leave.
(5) The Commission on Leave, established in title III of
the Act, which reported few difficulties with compliance with
the Act, failed to identify many of the problems with
compliance because its study was conducted too soon after the
enactment of the Act and the most significant problems with
compliance arose only when employers later sought to comply
with the Act's final regulations and interpretations.
SEC. 3. DEFINITION OF SERIOUS HEALTH CONDITION.
(a) Amendment.--Section 101(11) (29 U.S.C. 2611(11)) is amended by
adding after and below subparagraph (B) the following:
``The term `serious health condition' does not cover short-term
conditions for which treatment and recovery are very brief.
Conditions covered include, for example, heart attacks, heart
conditions requiring extensive therapy or surgical procedures,
strokes, severe respiratory conditions, spinal injuries,
appendicitis, pneumonia, emphysema, severe arthritis, severe
nervous disorders, injuries caused by serious accidents on or
off the job, ongoing pregnancy, miscarriages, complications or
illnesses related to pregnancy, such as severe morning
sickness, the need for prenatal care, childbirth, and recovery
from childbirth.''.
(b) Regulations.--
(1) Repeal.--The regulations of the Secretary of Labor,
published at sections 825.114 and 825.115 of title 29 of the
Code of Federal Regulations, and opinion letters promulgated
thereunder shall be null and void on the effective date of
final regulations issued under paragraph (2).
(2) New regulations.--The Secretary of Labor shall revise
the regulations referred to in paragraph (1) and shall issue
proposed regulations making such revision not later than 90
days after the date of enactment of this Act and shall issue
final regulations not later than 180 days after such date of
enactment.
(3) Transition.--With respect to leaves and requests for
leave made under section 102 of the Family and Medical Leave
Act of 1993 occurring before the effective date of the final
regulations under paragraph (2), an employer may rely on the
regulations of the Secretary referred to in paragraph (1). In any
action to enforce the requirements of such Act pending on or after the
effective date of such final regulations, no provision of the
regulations referred to in paragraph (1) may be cited as evidence of an
employer's non-compliance with such Act.
SEC. 4. INTERMITTENT LEAVE.
Section 102(b)(1) (29 U.S.C. 2612(b)(1)) is amended by striking the
period at the end of the second sentence and inserting the following:
``as certified by the health care provider after each leave occurrence.
An employer may require an employee to take intermittent leave in
increments of up to one-half of a work day. Employers may require
employees who travel as part of their normal day-to-day work or duty
assignments to take leave for the duration of that work or assignment
if the employer cannot reasonably accommodate the employee's request to
take leave intermittently or on a reduced leave schedule.''.
SEC. 5. REQUEST FOR LEAVE.
Section 102(a) (29 U.S.C. 2612(a)) is amended by inserting after
paragraph (2) the following:
``(3) Request for leave.--When an employer does not
exercise under subsection (d)(2) the right to substitute other
employer provided leave for leave under this title, an employer
may require an employee who wants leave under this title to
request in a timely manner such leave. If required by the
employer, an employee who fails to make such a timely request
may be denied leave under this title.
``(4) Timeliness of request for leave.--As used in
paragraph (3) of this subsection, a request for leave is timely
if--
``(A) in the case of foreseeable leave, the
employee provides the applicable advance notice
required by subsection (e) and submits any written
application required by the employer within 5 working
days of providing the notice to the employer; and
``(B) in the case of unforeseeable leave, the
employee notifies the employer verbally of the need for
the leave no later than the time the leave commences
and submits any written application required by the
employer within 5 working days of providing the notice
to the employer, except that the 5-day period will be
extended as necessary if the employee is physically or
mentally incapable of providing notice or submitting
the application.''.
SEC. 6. SUBSTITUTION OF PAID LEAVE.
Section 102(d)(2) (29 U.S.C. 2612(d)(2)) is amended by adding at
the end the following:
``(C) Paid absence.--Notwithstanding subparagraphs
(A) and (B), with respect to leave provided under
subparagraph (D) of subsection (a)(1), where an
employer provides paid absence under an employer's
collective bargaining agreement, a welfare benefit plan
under the Employee Retirement Income Security Act of
1974, or under any other sick leave, sick pay, or
disability plan, program, or policy of the employer, an
employer may require the employee to choose between
such paid absence and unpaid leave provided under this
title.''.
SEC. 7. CERTIFICATION REQUIREMENTS.
Section 103(b)(3) (29 U.S.C. 2613(b)(3)) is amended to read as
follows:
``(3) the appropriate medical facts, which must be
documented by objective medical findings.''.
SEC. 8. REGULATIONS.
(a) General Rule.--Except as provided in section 3(b)(2), not later
than 6 months after the date of the enactment of this Act, the
Secretary of Labor shall review and revise all regulations promulgated
before such date to implement the Family and Medical Leave Act of 1993
to reflect the amendments made by this Act.
(b) With respect to actions taken by an employer before the
effective date of such revised regulations, compliance with the
regulations in effect before such date shall be deemed to constitute
full compliance with this Act. After the effective date of this Act,
the Secretary may not enforce regulations in effect before such date.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect upon the
expiration of 180 days after the date of the enactment of this Act. | Family and Medical Leave Clarification Act - Amends the Family and Medical Leave Act of 1993 (FMLA) to provide that the term serious health condition does not cover short-term conditions for which treatment and recovery are very brief. Lists examples of conditions which are covered by such term.
(Sec. 3) Voids specified regulations and opinion letters of the Secretary of Labor under FMLA on the effective date of new final regulations. Directs the Secretary to revise such regulations and issue new proposed and final regulations by certain deadlines.
(Sec. 4) Revises requirements for FMLA leave taken intermittently or on a reduced leave scheduleor. Requires certification by the health care provider of the medical necessity of such leave. Authorizes employers to require: (1) an employee to take intermittent leave in increments of up to one-half of a work day; and (2) employees who travel as part of their normal day-to-day work or duty assignments to take leave for the duration of that work or assignment if the employer cannot reasonably accommodate the employee's request to take leave intermittently or on a reduced leave schedule.
(Sec. 5) Authorizes an employer who does not exercise the right to substitute other employer-provided leave for FMLA leave to require an employee to request such leave in a timely manner.
(Sec. 6) Authorizes an employer to require the employee to choose between FMLA unpaid leave and employer-provided paid absence.
(Sec. 7) Requires documentation by objective medical findings of the appropriate medical facts for purposes of certification of a request for leave under FMLA. | {"src": "billsum_train", "title": "Family and Medical Leave Clarification Act"} | 1,791 | 354 | 0.538292 | 1.68729 | 0.694319 | 4.86901 | 5.316294 | 0.907348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NAFTA-Impacted Communities Relief
Act''.
SEC. 2. DESIGNATION OF AND TAX INCENTIVES FOR NAFTA-IMPACTED
COMMUNITIES.
(a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subchapter:
``Subchapter Z--NAFTA-Impacted Communities
``Sec. 1400M. Designation of NAFTA-impacted communities.
``Sec. 1400N. NAFTA-impacted community employment credit.
``Sec. 1400O. Increase in expensing under Section 179.
``Sec. 1400P. NAFTA-impacted community business defined.
``SEC. 1400M. DESIGNATION OF NAFTA-IMPACTED COMMUNITIES.
``(a) Designation.--
``(1) NAFTA-impacted community.--For purposes of this
title, the term `NAFTA-impacted community' means any area--
``(A) which is nominated by one or more local
governments and the State or States in which it is
located for designation as a community impacted by the
North American Free Trade Agreement (hereinafter in
this section referred to as a `nominated area'), and
``(B) which the Secretary of Commerce designates as
a NAFTA-impacted community, after consultation with--
``(i) in the case of an area in a rural
area, the Secretary of Agriculture;
``(ii) in the case of an area in an urban
area, the Secretary of Housing and Urban
Development; and
``(iii) in the case of an area on an Indian
reservation, the Secretary of the Interior.
``(2) Number of designations.--The Secretary of Commerce
may designate not more than 35 nominated areas as NAFTA-
impacted communities.
``(3) Areas designated based on degree of loss of jobs
resulting from nafta, etc.--Except as otherwise provided in
this section, the nominated areas designated as NAFTA-impacted
communities under this subsection shall be those nominated
areas with the highest average ranking with respect to the
criteria described in subsection (c)(3). For purposes of the
preceding sentence, an area shall be ranked within each such
criterion on the basis of the amount by which the area exceeds
such criterion, with the area which exceeds such criterion by
the greatest amount given the highest ranking.
``(4) Limitation on designations.--
``(A) Publication of regulations.--The Secretary of
Commerce shall prescribe by regulation no later than 4
months after the date of the enactment of this section,
after consultation with the officials described in
paragraph (1)(B)--
``(i) the procedures for nominating an area
under paragraph (1)(A),
``(ii) the parameters relating to the size
and population characteristics of a NAFTA-
impacted community, and
``(iii) the manner in which nominated areas
will be evaluated based on the criteria
specified in subsection (c).
``(B) Procedural rules.--The Secretary of Commerce
shall not make any designation of a nominated area as a
NAFTA-impacted community under paragraph (2) unless--
``(i) a nomination regarding such area is
submitted in such a manner and in such form,
and contains such information, as the Secretary
of Commerce shall by regulation prescribe, and
``(ii) the Secretary of Commerce determines
that any information furnished is reasonably
accurate.
``(5) Nomination process for indian reservations.--For
purposes of this subchapter, in the case of a nominated area on
an Indian reservation, the reservation governing body (as
determined by the Secretary of the Interior) shall be treated
as being both the State and local governments with respect to
such area.
``(b) Period for Which Designation Is in Effect.--
``(1) In general.--Any designation of an area as a NAFTA-
impacted community shall remain in effect during the period
beginning on the date of the designation and ending on the
earliest of--
``(A) December 31, 2012,
``(B) the termination date designated by the State
and local governments in their nomination, or
``(C) the date the Secretary of Commerce revokes
such designation.
``(2) Revocation of designation.--The Secretary of Commerce
may revoke the designation under this section of an area if the
Secretary determines that the loss of jobs and other effects of
NAFTA on the area have been substantially alleviated. Such
determination shall include, at a minimum, a finding that the
unemployment rate in the area is equal to or lower than the
national unemployment rate, and a finding that new businesses
are being attracted to the area.
``(c) Area and Eligibility Requirements.--
``(1) In general.--The Secretary of Commerce may designate
a nominated area as a NAFTA-impacted community under subsection
(a) only if the area meets the requirements of paragraphs (2)
and (3) of this subsection.
``(2) Area requirements.--For purposes of paragraph (1), a
nominated area meets the requirements of this paragraph if--
``(A) the area is within the jurisdiction of one or
more local governments,
``(B) the boundary of the area is continuous,
``(C) the area does not include an empowerment zone
(as defined in section 1393(b)), and
``(D) the area does not include a renewal community
designated under section 1400E.
``(3) Eligibility requirements.--
``(A) In general.--For purposes of paragraph (1), a
nominated area meets the requirements of this paragraph
if the State and the local governments in which it is
located certify (and the Secretary of Commerce, after
such review of Department of Labor data and other
appropriate supporting data as he deems appropriate,
accepts such certification) that--
``(i) the unemployment rate in the area, as
determined by the most recent available data,
was at least 1 percentage point above the
national unemployment rate for the period to
which such data relate, and
``(ii) in the case of--
``(I) a rural area, at least 300
workers who live or work in the area
have been certified as eligible to
apply for NAFTA transitional adjustment
assistance under subchapter D of
chapter 2 of title II of the Trade Act
of 1974 (19 U.S.C. 2341 et seq.), and
``(II) an urban area, at least 500
workers have been so certified.
``(B) Rural area defined.--For purposes of this
section, the term `rural area' means an area--
``(i) which is within a local government
jurisdiction or jurisdictions with a population
of less than 10,000,
``(ii) which is outside of a metropolitan
statistical area (within the meaning of section
143(k)(2)(B)), or
``(iii) which is determined by the
Secretary of Commerce, after consultation with
the Secretary of Agriculture, to be a rural
area.
``(C) Urban area defined.--For purposes of this
section, the term `urban area' means any area that is
not a rural area.
``(d) Coordination With Treatment of Enterprise Communities.--For
purposes of this title, if there are in effect with respect to the same
area both--
``(1) a designation as a NAFTA-impacted community, and
``(2) a designation as an enterprise community,
both of such designations shall be given full effect with respect to
such area.
``(e) Definitions and Special Rules.--For purposes of this
subchapter, rules similar to the rules of paragraphs (5) and (7) of
section 1393 shall apply.
``SEC. 1400N. NAFTA-IMPACTED COMMUNITY EMPLOYMENT CREDIT.
``(a) Amount of Credit.--For purposes of section 38, the amount of
the NAFTA-impacted community employment credit determined under this
section with respect to any employer for any taxable year is 8.5
percent of the qualified NAFTA-impacted community wages paid or
incurred during the calendar year which ends with or within such
taxable year.
``(b) Qualified NAFTA-Impacted Community Wages.--
``(1) In general.--For purposes of this section, the term
`qualified NAFTA-impacted community wages' means any wages paid
or incurred by an employer for services performed by an
employee while such employee is a qualified NAFTA-impacted
community employee.
``(2) Only first $15,000 of wages per year taken into
account.--With respect to each qualified NAFTA-impacted
community employee, the amount of qualified NAFTA-impacted
community wages which may be taken into account for a calendar
year shall not exceed $15,000.
``(3) Coordination with work opportunity credit.--
``(A) In general.--The term `qualified NAFTA-
impacted community wages' shall not include wages taken
into account in determining the credit under section
51.
``(B) Coordination with paragraph (2).--The $15,000
amount in paragraph (2) shall be reduced for any
calendar year by the amount of wages paid or incurred
during such year which are taken into account in
determining the credit under section 51.
``(c) Qualified NAFTA-Impacted Community Employee.--For purposes of
this section--
``(1) In general.--Except as otherwise provided in this
subsection, the term `qualified NAFTA-impacted community
employee' means, with respect to any period, any employee of an
employer if--
``(A) substantially all of the services performed
during such period by such employee for such employer
are performed within a NAFTA-impacted community in a
trade or business of the employer, and
``(B) the principal place of abode of such employee
while performing such services is within such NAFTA-
impacted community.
``(2) Other rules.--Rules similar to the rules of
paragraphs (2) and (3) of section 1396(d) shall apply.
``(d) Other Definitions and Special Rules.--For purposes of this
section, the rules of section 1397 shall apply.
``SEC. 1400O. INCREASE IN EXPENSING UNDER SECTION 179.
``(a) General Rule.--In the case of a NAFTA-impacted community
business (as defined in section 1400P), for purposes of section 179--
``(1) the limitation under section 179(b)(1) shall be
increased by the lesser of--
``(A) $10,000, or
``(B) the cost of section 179 property which is
qualified NAFTA-impacted property placed in service
during the taxable year, and
``(2) the amount taken into account under section 179(b)(2)
with respect to any section 179 property which is qualified
NAFTA-impacted property shall be 50 percent of the cost
thereof.
``(b) Recapture.--Rules similar to the rules under section
179(d)(10) shall apply with respect to any qualified NAFTA-impacted
property which ceases to be used in a NAFTA-impacted community by a
NAFTA-impacted community business.
``(c) Qualified NAFTA-Impacted Property.--For purposes of this
section--
``(1) In general.--The term `qualified NAFTA-impacted
property' means section 179 property (as defined in section
179(d)) if--
``(A) such property was acquired by the taxpayer
after December 31, 2001, and before January 1, 2011,
and
``(B) such property would be qualified zone
property (as defined in section 1397C) if references to
NAFTA-impacted communities were substituted for
references to empowerment zones in section 1397C.
``(2) Certain rules to apply.--The rules of subsections
(a)(2) and (b) of section 1397C shall apply for purposes of
this section.
``SEC. 1400P. NAFTA-IMPACTED COMMUNITY BUSINESS DEFINED.
``For purposes of this part, the term `NAFTA-impacted community
business' means any entity or proprietorship which would be a qualified
business entity or qualified proprietorship under section 1397C if
references to NAFTA-impacted communities were substituted for
references to empowerment zones in such section.''.
(b) Technical and Conforming Amendments.--
(1) NAFTA-impacted community employment credit part of
general business credit.--Subsection (b) of section 38 of such
Code (relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (18), by striking the
period at the end of paragraph (19) and inserting ``, plus'',
and by adding at the end the following new paragraph:
``(20) the NAFTA-impacted community employment credit
determined under section 1400N(a).''.
(2) Denial of deduction for portion of wages equal to
nafta-impacted community employment credit.--
(A) Subsection (a) of section 280C of such Code
(relating to rule for employment credits) is amended by
striking ``and 1396(a)'' and inserting ``1396(a), and
1400N(a)''.
(B) Subsection (c) of section 196 of such Code
(relating to deduction for certain unused business
credits) is amended by striking ``and'' at the end of
paragraph (11), by striking the period at the end of
paragraph (12) and inserting ``, and'', and by adding
at the end the following new paragraph:
``(13) the NAFTA-impacted community employment credit
determined under section 1400N(a).''.
(3) Carryovers.--Subsection (c) of section 381 of such Code
(relating to carryovers in certain corporate acquisitions) is
amended by adding at the end the following new paragraph:
``(27) NAFTA-impacted community provisions.--The acquiring
corporation shall take into account (to the extent proper to
carry out the purposes of this section and subchapter XI, and
under such regulations as may be prescribed by the Secretary)
the items required to be taken into account for purposes of
subchapter XI in respect of the distributor or transferor
corporation.''.
(c) Clerical Amendments.--The table of subchapters for chapter 1 of
such Code is amended by adding at the end the following new item:
``subchapter z. nafta-impacted communities''.
SEC. 3. GRANTS FOR JOB TRAINING ASSISTANCE FOR NAFTA-IMPACTED
COMMUNITIES.
(a) In General.--The Secretary of Labor shall provide grants to
States that contain NAFTA-impacted communities, as designated under
section 1400M of the Internal Revenue Code of 1986 (as added by section
2(a) of this Act), for the purpose of providing sub-grants to nonprofit
organizations and community or junior colleges in order to provide
short-term job training courses, courses in entrepreneurism and self-
employment, and other related job training assistance that will promote
the economic self-sufficiency of individuals located in NAFTA-impacted
communities.
(b) Maximum Amount of Grant.--The total amount provided under a
grant to a State under subsection (a) for a fiscal year may not exceed
the product of--
(1) $1,000,000; and
(2) the number of NAFTA-impacted communities located in the
State.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $35,000,000 for each of the fiscal years
2006 through 2012.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended. | NAFTA-Impacted Communities Relief Act - Amends the Internal Revenue Code to: (1) provide for the designation of communities as impacted by the North American Free Trade Agreement (NAFTA) based upon job loss and unemployment resulting from NAFTA; (2) allow employers in such NAFTA-impacted communities a business tax credit for up to 8.5 percent of wages paid to employees; (3) increase depreciation expensing levels for business assets located in NAFTA-impacted communities; and (4) direct the Secretary of Labor to provide grants to States containing NAFTA-impacted communities for education and job training assistance. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives and job training grants for communities affected by the migration of businesses and jobs to Canada or Mexico as a result of the North American Free Trade Agreement."} | 3,645 | 136 | 0.597106 | 1.459294 | 0.68253 | 2.385965 | 27.929825 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Tribunals Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The al Qaeda terrorist organization and its leaders
have committed unlawful attacks against the United States,
including the August 7, 1998 bombings of the United States
embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, the
October 12, 2000 attack on the USS COLE and the September 11,
2001 attacks on the United States.
(2) The al Qaeda terrorist organization and its leaders
have threatened renewed attacks on the United States and have
threatened the use of weapons of mass destruction.
(3) In violation of the resolutions of the United Nations,
the Taliban of Afghanistan provided a safe haven to the al
Qaeda terrorist organization and its leaders and allowed the
territory of that country to be used as a base from which to
sponsor international terrorist operations.
(4) The United Nations Security Council, in Resolution
1267, declared in 1999 that the actions of the Taliban
constitute a threat to international peace and security.
(5) The United Nations Security Council, in Resolutions
1368 and 1373, declared in September 2001 that the September 11
attacks against the United States constitute a threat to
international peace and security.
(6) The United States is justified in exercising its right
of self-defense pursuant to international law and the United
Nations Charter.
(7) Congress authorized the President on September 18,
2001, to use all necessary and appropriate force against those
nations, organizations, or persons that he determines to have
planned, authorized, committed, or aided the September 11
terrorist attacks or harbored such organizations or persons, in
order to prevent any future acts of international terrorism
against the United States, within the meaning of section 5(b)
of the War Powers Resolution.
(8) The United States and its allies are engaged in armed
conflict with al Qaeda and the Taliban.
(9) Military trials of the terrorists may be appropriate to
protect the safety of the public and those involved in the
investigation and prosecution, to facilitate the use of
classified information as evidence without compromising
intelligence or military efforts, and otherwise to protect
national security interests.
(10) Military trials that provide basic procedural
guarantees of fairness, consistent with the international law
of armed conflict and the International Covenant on Civil and
Political Rights (opened for signature December 16, 1966),
would garner the support of the community of nations.
(11) Due process, including the writ of habeas corpus and
the right to an appeals process, must be afforded to any person
subject to a military tribunal.
(12) Preliminary proceedings should be established to
determine whether jurisdiction over the person and over the
charge is properly vested in the tribunal.
(13) Article I, section 8, of the Constitution provides
that the Congress, not the President, has the power to
``constitute Tribunals inferior to the Supreme Court; ...
define and punish ... Offenses against the Law of Nations; ...
make Rules concerning Captures on Land and Water; ... make all
Laws which shall be necessary and proper for carrying into
Execution the foregoing Powers and all other Powers vested by
this Constitution in the Government of the United States, or in
any Department or Officer thereof.''.
(14) Without protections and reporting requirements in
place, persons detained for an indefinite amount of time would
have no recourse. A significant danger exists that due process
might be evaded simply by failing to bring detainees before a
tribunal for trial.
(15) Congressional authorization is necessary for the
establishment of extraordinary tribunals to adjudicate and
punish offenses arising from the September 11, 2001 attacks
against the United States and to provide a clear and
unambiguous legal foundation for such trials.
(16) Judicial review of individual detentions is best
handled by a court that would not have to appoint special
masters or magistrates to do the necessary fact finding.
SEC. 3. ESTABLISHMENT OF EXTRAORDINARY TRIBUNALS.
(a) Authority.--The President is hereby authorized to establish
tribunals for the trial of individuals who--
(1) are not United States persons or residents;
(2) are members of al Qaeda who knowingly planned,
authorized, committed, aided, or abetted one or more terrorist
acts against the United States, or members of other terrorist
organizations who knowingly cooperated with members of al Qaeda
in planning, authorizing, committing, aiding, or abetting one
or more terrorists acts against the United States; and
(3) are not prisoners of war within the meaning of the
Geneva Convention Relative to the Treatment of Prisoners of
War, done on August 12, 1949.
(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. 4. PROCEDURAL REQUIREMENTS.
(a) In General.--The rules prescribed for a tribunal under section
3(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 section 4(d) of
this Act.
(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 be based only
upon proof of individual responsibility for the offense.
(13) 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.
(14) That the penalty for an offense not be greater than it
was when the offense was committed.
(15) That the accused--
(A) be presumed innocent until proven guilty, and
(B) not be found guilty except upon proof beyond a
reasonable doubt.
(16) That the accused not be compelled to confess guilt or
testify against himself.
(17) 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.
(18) 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.
(19) That a preliminary proceeding be held within 30 days
of detention to determine whether there is jurisdiction under
section 3 over the person and the offenses charged. The
preliminary proceeding may be continued for an additional 30
days for good cause shown.
(20) 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.
(21) 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 3 is requested to adjudge the death penalty.
(c) Public Proceedings.--Any proceedings conducted by a tribunal
established under section 3, 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 3 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 or interfere with the capture of members of al Qaeda
anywhere;
(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 3 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 3 shall be subject to
review by the Supreme Court by writ of certiorari.
SEC. 5. DETENTION.
(a) In General.--The President may direct the Secretary of Defense
to detain any person who is subject to a tribunal established under
section 3 pursuant to rules and regulations that are promulgated by the
Secretary and are consistent with international law of armed conflict.
(b) Duration of Detention.--
(1) Limitation.--A person may be detained under subsection
(a) only while--
(A) there is in effect for the purposes of this
section a certification by the President that the
United States Armed Forces are engaged in a state of
armed conflict with al Qaeda or Taliban forces in the
region of Afghanistan or with al Qaeda forces
elsewhere; or
(B) an investigation with a view toward
prosecution, a prosecution, or a post-trial proceeding
in the case of such person, pursuant to the provisions
of this Act, is ongoing.
(2) Certification and recertification.--A certification of
circumstances made under paragraph (1) shall be effective for
180 days. The President may make successive certifications of
the circumstances.
(c) Disclosure of Evidence.--Evidence that may establish that an
accused is not a person described in subsection (a) shall be disclosed
to the accused and his counsel, except that a summary of such evidence
shall be provided to the accused and his counsel when the Attorney
General personally certifies that disclosure of the evidence would
cause identifiable harm to the prosecution of military objectives, to
the capture of other persons who are subject to this Act or reside
outside the United States, or to the prevention of future terrorist
acts directed against Americans. A summary of evidence shall be as
complete as is possible in order to provide the accused with an
evidentiary basis to seek release from detention.
(d) Detention Review.--The United States District Court for the
District of Columbia shall have exclusive jurisdiction to review any
determination under this section that the requirements of this section
for detaining an accused are satisfied. Findings of fact shall be
sustained unless they are clearly erroneous. Conclusions of law and
mixed questions of law and fact shall be subject to de novo review.
(e) Conditions of Detention.--A person detained under this section
shall be--
(1) detained at an appropriate location designated by the
Secretary of Defense;
(2) treated humanely, without any adverse distinction based
on race, color, religion, gender, birth, wealth, or any similar
criteria;
(3) afforded adequate food, drinking water, shelter,
clothing, and medical treatment;
(4) sheltered under hygienic conditions and provided
necessary means of personal hygiene; and
(5) allowed the free exercise of religion consistent with
the requirements of such detention.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress that the President should seek the
cooperation of United States allies and other nations in conducting the
investigations and prosecutions, including extraditions, of the persons
who are responsible for the September 11, 2001 attacks on the United
States, and use to the fullest extent possible multilateral
institutions and mechanisms for carrying out such investigations and
prosecutions.
SEC. 7. REPORTS TO CONGRESS.
Not less often than once every 12 months, the President shall
submit to the Congress a report on the use of the authority provided by
this Act. Each such report shall specify--
(1) each individual subject to, or detained pursuant to, a
military tribunal authorized by this Act; and
(2) each individual detained pursuant to any actual or
planned act of terrorism occurring on or after September 11,
2001, who has not been referred for trial in connection with
that act of terrorism to a criminal court or to a military
tribunal authorized by this Act.
SEC. 8. DEFINITIONS.
In this Act:
(1) September 11, 2001 attacks on the united states.--The
term ``September 11, 2001 attacks on the United States'' means
the attacks on the Pentagon in the metropolitan area of
Washington, District of Columbia, and the World Trade Center,
New York, New York, on September 11, 2001, and includes the
hijackings of American Airlines flights 77 and 11 and United
Airlines flights 175 and 93 on that date.
(2) United states person or resident.--The term ``United
States person or resident'' means--
(A) a United States person, as such term is defined
in section 101(i) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(i)); or
(B) an alien lawfully admitted to the United States
for permanent residence.
SEC. 9. TERMINATION OF AUTHORITY.
The authority under this Act shall terminate at the end of December
31, 2005. | Military Tribunals Act of 2002 - Authorizes the President to establish tribunals for the trial of individuals who: (1) are not U.S. persons or residents; (2) are members of the al Qaeda organization or other terrorist organizations who cooperated with the al Qaeda in planning, authorizing, committing, aiding, or abetting one or more terrorist attacks against the United States; and (3) are not prisoners of war. Directs the Secretary of Defense to prescribe rules of evidence and procedure, incorporating specified requirements, to apply to the tribunals.Authorizes the President to direct the Secretary of Defense to detain individuals subject to such tribunals in accordance with such rules and international law of armed conflict.Provides for judicial review of tribunal decisions and detention determinations.Expresses the sense of Congress that the President should seek the cooperation of U.S. allies and other nations in conducting investigations and prosecutions of such individuals.Requires the President to submit annual reports to Congress on the use of authority under this Act and on each individual subject to or detained for a tribunal. | {"src": "billsum_train", "title": "To authorize the President to establish military tribunals to try the terrorists responsible for the September 11, 2001 attacks against the United States, and for other purposes."} | 3,196 | 240 | 0.518481 | 1.512419 | 0.677033 | 4.151515 | 15.535354 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help All Americans Save for College
Act of 2016''.
SEC. 2. TAX TREATMENT OF CONTRIBUTIONS TO 529 PLANS.
(a) Exclusion From Gross Income for Employer Contributions.--
(1) In general.--Part III of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by inserting after
section 139E the following new section:
``SEC. 139F. EMPLOYER CONTRIBUTIONS TO 529 PLAN OR ABLE ACCOUNT.
``(a) In General.--In the case of an individual who is a qualified
account owner, gross income shall not include the amount of any
contribution to such account during the taxable year by the employer of
the account owner.
``(b) Limitation.--The amount exempt from gross income by
subsection (a) for a taxable year shall not exceed the lesser of--
``(1) an amount equal to the compensation includible in the
individual's gross income for such taxable year, or
``(2) $5,000 ($10,000 in the case of a joint return) for
each dependent who of the taxpayer is the designated
beneficiary of an account under section 529.
``(c) Qualified Account Owner.--For purposes of this section, the
term `qualified account owner' means--
``(1) in the case of an account in connection with a
qualified tuition program, the account owner of an account of a
designated beneficiary under section 529, and
``(2) in the case of an ABLE account, the designated
beneficiary in connection with the ABLE account under section
529A(e)(3).''.
(2) Cafeteria plan does not include employer contributions
to 529 plans or able accounts.--Section 125(d)(2) of such Code
is amended by adding at the end the following:
``(E) Exception for contributions to 529 plan and
able accounts.--Subparagraph (A) shall not apply to a
plan to the extent of amounts which a covered employee
may elect to have the employer pay as contributions to
an account under section 529 or 529A.''.
(3) Clerical amendment.--The table of sections for part III
of subchapter B of chapter 1 of such Code is amended by
inserting after the item relating to section 139E the following
new item:
``Sec. 139F. Employer contributions to 529 plan or ABLE account.''.
(b) Federal Insurance Contributions.--
(1) Wages.--Section 3121(a) of such Code is amended by
striking ``or'' at the end of paragraph (22), by striking the
period at the end of paragraph (23) and inserting ``; or'', and
by inserting after paragraph (23) the following:
``(24) the amount of any contribution made to or on behalf
of an employee if at the time of such contribution it is
reasonable to believe that the employee will be able to exclude
such contribution from income under section 139F.''.
(2) Net earnings from self-employment.--Section 1402(a) of
such Code is amended by striking ``and'' at the end of
paragraph (16), by striking the period at the end of paragraph
(17) and inserting ``; and'', and inserting after paragraph
(17) the following:
``(18) there shall be excluded any contribution made to or
on behalf of an employee that is not includible in gross income
of the employee under section 139F.''.
(3) Conforming amendments to social security act.--
(A) Wages.--Section 209(a) of the Social Security
Act (42 U.S.C. 409(a)) is amended by striking ``or'' at
the end of paragraph (19) and inserting a semicolon, by
striking the period at the end of paragraph (20) and
inserting ``; or'', and by inserting after paragraph
(20) the following:
``(21) The amount of any contribution made to or on behalf
of an employee that is not includible in gross income of the
employee under section 139F of the Internal Revenue Code of
1986.''.
(B) Net earnings from self-employment.--Section
211(a) of the Social Security Act (42 U.S.C. 411(a)) is
amended by striking ``and'' at the end of paragraph
(15), by striking the period at the end of paragraph
(16) and inserting ``; and'', and inserting after
paragraph (16) the following:
``(17) There shall be excluded any contribution made to or
on behalf of an employee that is not includible in gross income
of the employee under section 139F of the Internal Revenue Code
of 1986.''.
(c) Railroad Retirement.--Section 3231(e) of such Code is amended
by adding at the end the following:
``(13) Employer contributions to 529 plan or able
account.--The term compensation shall not include any
contribution made to or on behalf of an employee that is not
includible in gross income of the employee under section
139F.''.
(d) Deduction for Individual Contributions.--
(1) In general.--Part VII of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by redesignating
section 224 as section 225 and by inserting after section 223
the following new section:
``SEC. 224. CONTRIBUTIONS TO 529 PLANS AND ABLE ACCOUNTS.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for the taxable year an amount equal to
the sum of--
``(1) the aggregate contributions made by such individual
to qualified tuition programs (as defined in section 529)
during such taxable year, and
``(2) the aggregate contributions made by such individual
to ABLE accounts (as defined in section 529A) during such
taxable year.
``(b) Limitation.--The amount allowed as a deduction by subsection
(a) for a taxable year shall not exceed $5,000.''.
(2) Clerical amendment.--The table of sections for part VII
of subchapter B of chapter 1 of such Code is amended by
redesignating the item relating to section 224 as an item
relating to section 225 and by inserting after the item
relating to section 223 the following new item:
``Sec. 224. Contributions to 529 plans and ABLE accounts.''.
(e) Effective Date.--The amendments made by this section shall
apply to contributions made during taxable years beginning after the
date of the enactment of this Act.
SEC. 3. ADDITIONAL TAX FOR DISTRIBUTIONS NOT USED FOR QUALIFIED
PURPOSES.
(a) Qualified Tuition Programs.--
(1) In general.--The first sentence of section 529(c)(6) of
the Internal Revenue Code of 1986 is amended by striking the
period at the end and inserting ``, except that the rate of
such tax shall be determined under subparagraph (B) of this
paragraph.''.
(2) Rate.--Paragraph (6) of section 529(c) of such Code, as
amended by subsection (a), is amended--
(A) by striking ``The tax'' and inserting
``(A) In general.--The tax'', and
(B) by adding at the end the following:
``(B) Rate.--For purposes of subparagraph (A), the
tax rate determined under this subparagraph is the
greater of--
``(i) 10 percent, and
``(ii) the highest rate of income tax
applicable to such person under this title.''.
(b) Qualified ABLE Programs.--
(1) In general.--Subparagraph (A) of section 529A(c)(3) of
the Internal Revenue Code of 1986 is amended by striking ``10
percent'' and inserting ``the applicable percentage''.
(2) Applicable percentage.--Paragraph (3) of section
529A(c) of such Code is amended by adding at the end the
following:
``(D) Applicable percentage.--For purposes of this
paragraph, the term `applicable percentage' means the
greater of--
``(i) 10 percent, and
``(ii) the highest rate of income tax
applicable to such person under this title.''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made during taxable years beginning after the
date of the enactment of this Act. | Help All Americans Save for College Act of 2016 This bill amends the Internal Revenue Code to modify the tax treatment of qualified tuition programs (known as 529 plans) and ABLE accounts. (Tax-favored ABLE [Achieving a Better Life Experience] accounts are designed to enable individuals with disabilities to save for and pay for disability-related expenses.) The bill excludes employer contributions to an employee's 529 plan or ABLE account from the gross income of an individual, certain employment taxes, and taxes on self-employment earnings. The exclusions are limited to the lesser of: (1) the compensation includible in the individual's gross income for the year, or (2) $5,000 ($10,000 in the case of a joint return) for each dependent of the taxpayer who is the designated beneficiary of a 529 plan. The bill also allows an individual to deduct up to $5,000 of the aggregate contributions of the individual to a 529 plan and an ABLE account. The bill revises the 10% additional tax for distributions from a 529 plan or an ABLE account that are not used for qualified purposes to change the rate to the greater of: (1) 10%, or (2) the highest rate of income tax applicable to the taxpayer. | {"src": "billsum_train", "title": "Help All Americans Save for College Act of 2016"} | 1,972 | 261 | 0.665008 | 1.840021 | 0.693506 | 3.117409 | 6.854251 | 0.817814 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Central American
Amnesty Termination Act of 2016''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) On December 1, 2014, in the face of serious national
security threats, and despite vigorous opposition from the
Congress, the Obama Administration began accepting applications
for a new program known as the ``Central American Minors (CAM)
Refugee/Parole Program'' (the ``CAM program'').
(2) Article 1, section 8, of the Constitution gives the
Congress clear jurisdiction on immigration matters, and the
unilateral creation of the CAM program by executive action
clearly infringes on that authority.
(3) Under the CAM program, the Obama Administration allows
illegal aliens from 3 Central American countries to fly to the
United States and be admitted into the United States.
(4) In a December 17, 2015, letter to multiple Members of
the Congress, U.S. Citizenship and Immigration Services
Director Leon Rodriquez acknowledged that the agency does not
systematically track whether CAM program applicants previously
have been removed from the United States or had prior felony
convictions.
(5) The December 2015 letter also revealed that certain CAM
program beneficiaries are immediately eligible to work and
obtain legal status in the United States.
(6) Under the CAM program, certain beneficiaries are
eligible ultimately to obtain permanent residence and are
immediately eligible for certain taxpayer-funded Federal
benefits.
(7) Under the CAM program, certain beneficiaries are able
to pursue citizenship in the United States after 5 years of
permanent residence.
(8) The CAM program provides cash, loans for flights to
North America, reimbursements for DNA testing, and medical
assistance.
(9) The CAM program also waives certain fees for
participating beneficiaries, which fees are required to be paid
by potential legal immigrants who wish to enter this country in
accordance with our laws.
(10) The Department of State reported in April 2016, that
8,001 aliens from 3 Central American countries have applied to
be admitted to the United States under the CAM program, and
that 197 parents and children already have been admitted under
the program.
(11) The December 2015 letter also stated that at least 16
parents who completed an Affidavit of Relationship under the
CAM program were Deferred Action for Childhood Arrivals (DACA)
recipients, and indicated that the program plans eventually to
accept applications from the Deferred Action for Parents of
Americans and Lawful Permanent Residents (DAPA) program.
(12) DACA and DAPA were both created by the Obama
Administration through unconstitutional executive action. An
injunction to stop the creation of DAPA and the expansion of
DACA was upheld by the Fifth Circuit Court of Appeals.
(13) The Associated Press recently obtained information
through a Freedom of Information Act request that revealed
that, of the 71,000 unaccompanied alien minors placed with
sponsors in the United States from February 2014 to September
2015, most of whom were from Central America, 80 percent were
placed with illegal immigrants living in the United States.
(14) U.S. Customs and Border Protection reports that
141,192 unaccompanied alien minors from Central American
countries were apprehended by the United States Border Patrol
from October 1, 2008, through February 29, 2016.
(15) Total U.S. Customs and Border apprehension on the
southwest border increased 28 percent in March 2016 compared to
the previous year, with 33,335 total Border Patrol
apprehensions, 4,201 of which were unaccompanied alien minors,
and 4,448 of which were members of family units traveling
together.
(16) In an April 2015 hearing, the Subcommittee on
Immigration and the National Interest of the Senate Committee
on the Judiciary heard important testimony on the CAM program.
(17) Testimony from officials within the Obama
Administration at the April 2015 hearing purported that the CAM
program would assist with reducing the surge of unaccompanied
alien minors on our southwest border.
(18) Testimony at the April 2015 hearing revealed that the
CAM program will impose significant costs on taxpayers and
State and local governments.
(19) Testimony at the April 2015 hearing found that the CAM
program is not a true refugee program, but rather is primarily
an end-run around the law to create a new admissions program
for alien families from 3 Central American countries in order
to unite them with other illegal aliens residing in the United
States.
(20) The April hearing also revealed that the CAM program
has contributed to the surge of unaccompanied alien minors
flooding the United States, as the program provides an
incentive for further illegal immigration.
(21) The CAM program has been a failure and has not helped
reduce the surge of unaccompanied alien minors on our southwest
border.
SEC. 3. CERTAIN ACTIVITIES PROHIBITED.
Notwithstanding any other provision of law, no funds, resources, or
fees made available to the Secretary of Homeland Security, or to any
other official of a Federal agency, by any Act for any fiscal year,
including any deposits into the ``Immigration Examinations Fee
Account'' established under section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)), may be used to implement,
administer, or carry out the Central American Minors Refugee/Parole
Program, or any successor program. | Central American Amnesty Termination Act of 2016 This bill prohibits any funds, resources, or fees available to the Department of Homeland Security or any other federal agency, including Immigration Examinations Fee Account deposits, from being used for the Central American Minors Refugee/Parole Program or any successor program. | {"src": "billsum_train", "title": "Central American Amnesty Termination Act of 2016"} | 1,152 | 65 | 0.438756 | 1.159319 | 0.523698 | 3.314815 | 20.240741 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDA Tobacco Authority Amendments
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Tobacco products are addictive.
(2) Such products cause over 400,000 deaths each year in
the United States.
(3) The Supreme Court has held that there is no
congressional intent to provide the Food and Drug
Administration with the authority to regulate tobacco products.
(4) The Congress should amend the Federal Food, Drug, and
Cosmetic Act to provide the Food and Drug Administration with
the authority to regulate tobacco products.
SEC. 3. DEFINITIONS.
(a) Drug.--Section 201(g)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(g)(1)) is amended by inserting after the
first sentence the following: ``Such term includes nicotine in a
tobacco product.''.
(b) Devices.--Section 201(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(h)) is amended by adding at the end the
following: ``Such term includes a tobacco product.''.
(c) Other Definitions.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(kk) The term `tobacco product' means any product made or derived
from tobacco that is intended for human consumption.''.
SEC. 4. AMENDMENTS TO CHAPTER V.
(a) Misbranding.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360) is amended by adding at the end the
following:
``(u) In the case of a tobacco product, if it does not comply with
a requirement under subchapter F.''.
(b) Clarification of Authority Regarding Advertising and Promotion;
Equal Treatment of Retail Outlets.--Section 520(e) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360j(e)) is amended by adding at the
end the following:
``(3) In the case of tobacco products:
``(A) The restrictions on sale and distribution authorized
by paragraph (1) shall include restrictions on advertising and
promotion of tobacco products.
``(B) The Secretary shall ensure that such restrictions are
applied uniformly to all entities that make retail sales of
tobacco products. For purposes of the preceding sentence, such
restrictions may not exempt or apply differently to retail
establishments that predominantly or exclusively sell tobacco
products.''.
(c) Preemption.--Section 521 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360k) is amended--
(1) in subsection (a), by striking ``Except as provided in
subsection (b)'' and inserting ``Except in the case of tobacco
products and as provided in subsection (b)''; and
(2) by adding at the end the following:
Tobacco Products
``(c) If the package or advertisement of a tobacco product is
required to bear a warning under this Act, no statement relating to the
use of the tobacco product and health, other than a statement required
under this Act, may be required by any State or local statute or
regulation to be included on any package or in any advertisement of
such tobacco product.''.
SEC. 5. SPECIAL PROVISIONS FOR TOBACCO PRODUCTS.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by adding at the end the following:
``Subchapter F--Special Provisions for Tobacco Products
``SEC. 565. SPECIAL STANDARD FOR TOBACCO PRODUCTS.
``In the case of tobacco products, an action that is appropriate
for the protection of public health shall be deemed to provide a
reasonable assurance of safety and effectiveness.
``SEC. 566. WARNINGS REGARDING CIGARETTES AND SMOKELESS TOBACCO;
REGULATIONS.
``(a) In General.--Not later than 18 months after the date of the
enactment of this subchapter, the Secretary shall promulgate
regulations to require warnings on cigarette and smokeless tobacco
labeling and advertisements. The content, format, and rotation of
warnings shall conform to the specifications described in Title IB of
the Proposed Resolution entered into by the tobacco manufacturers and
the State attorneys general on June 20, 1997.
``(b) Reduced-Risk Products.--No manufacturer of a tobacco product
may state or imply in the labeling or advertisements of the tobacco
product that the tobacco product presents a reduced risk to health
unless the Secretary has determined that the tobacco product does
present a significantly reduced risk to public health.
``(c) Savings Provision.--Subsection (a) or (b) may not be
construed as limiting the authority provided under other provisions of
this Act with respect to tobacco products.
``SEC. 567. RULE OF CONSTRUCTION REGARDING FARMERS AND RELATED
ENTITIES.
``The provisions of this Act relating to tobacco products shall not
apply to tobacco leaf that is not in the possession of the
manufacturer, or to the producers of tobacco leaf, including tobacco
growers, tobacco warehouses, and tobacco grower cooperatives, nor shall
any employee of the Food and Drug Administration have any authority
whatsoever to enter onto a farm owned by a producer of tobacco leaf
without the written consent of such producer. Notwithstanding any other
provision of this subparagraph, if a producer of tobacco leaf is also a
tobacco product manufacturer or controlled by a tobacco product
manufacturer, the producer shall be subject to this chapter in the
producer's capacity as a manufacturer. Nothing in this chapter shall be
construed to grant the Secretary authority to promulgate regulations on
any matter that involves the production of tobacco leaf or a producer
thereof, other than activities by a manufacturer affecting production.
For purposes of the preceding sentence, the term `controlled by' means
a member of the same controlled group of corporations as that term is
used in section 52(a) of the Internal Revenue Code of 1986, or under
common control within the meaning of the regulations promulgated under
section 52(b) of such Code.''.
SEC. 6. VALIDATION OF FDA RULE.
Effective one year after the date of the enactment of this Act, all
provisions of the regulations related to tobacco products promulgated
by the Secretary of Health and Human Services on August 28, 1996 (61
Fed. Reg. 44615-44618) shall take effect under authority of the Federal
Food, Drug, and Cosmetic Act as amended by this Act. The Secretary
shall amend the designations of authorities in such regulations
accordingly.
SEC. 7. GENERAL PROVISIONS.
(a) Enforcement.--Section 301 (21 U.S.C. 331) is amended by adding
at the end the following:
``(bb) The violation of any requirement under this Act relating to
tobacco products.''.
(b) Access to Information.--Section 701 (21 U.S.C 371) is amended
by adding at the end the following:
``(i) To acquire information related to tobacco products, the
Secretary may administer oaths and require the testimony of witnesses
and the production of documents and other materials. The Secretary may
disclose to the public information acquired under this subsection if
the Secretary determines that disclosure is appropriate to protect
public health.''.
SEC. 8. REPEALS.
Effective on the date the regulations described in section 566(a)
of the Federal Food, Drug, and Cosmetic Act take effect--
(1) the Federal Cigarette Labeling and Advertising Act (15
U.S.C. 1331 et seq.), other than sections 6, 8, 10, and 11, is
repealed; and
(2) the Comprehensive Smokeless Tobacco Health Education
Act of 1986 (15 U.S.C. 4401 et seq.), other than sections 3(f),
5, and 6, is repealed. | FDA Tobacco Authority Amendments Act - Amends the Federal Food, Drug, and Cosmetic Act to, among other things: (1) include "nicotine in a tobacco product" in the definition of the term "drug" and to include "a tobacco product" in the definition of the term "device;" and (2) set forth provisions for tobacco products concerning special standards for such products, warnings regarding such products, and a rule of construction regarding farmers and related entities. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act with respect to tobacco products, and for other purposes."} | 1,839 | 103 | 0.546618 | 1.357761 | 0.505491 | 2.763441 | 17.182796 | 0.806452 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Access to Capital Act
of 2014''.
SEC. 2. NEW TRANCHES OF CAPITAL FOR SUCCESSFUL STATE PROGRAMS.
Section 3003 of the Small Business Jobs Act of 2010 (12 U.S.C.
5702) is amended by adding at the end the following:
``(d) Additional Allocation and Competitive Awards.--
``(1) Definitions.--In this subsection--
``(A) the term `eligible participating State' means
a participating State that has certified to the
Secretary that the State has expended, transferred, or
obligated not less than 80 percent of the second \1/3\
of the 2010 allocation transferred to the State under
subsection (c)(1)(A)(iii); and
``(B) the term `unused funds' means--
``(i) amounts made available to the
Secretary under clause (i)(II) or (ii)(II) of
paragraph (2)(E); and
``(ii) amounts made available to the
Secretary under paragraph (4)(B)(ii).
``(2) Allocation for 2010 participating states.--
``(A) Allocation.--Of the amount made available
under paragraph (6)(D), the Secretary shall allocate a
total of $500,000,000 among eligible participating
States in the same ratio as funds were allocated under
the 2010 allocation under subsection (b)(1) among
participating States.
``(B) Application.--An eligible participating State
desiring to receive funds allocated under this
paragraph shall submit an application--
``(i) not later than the later of--
``(I) June 30, 2015; or
``(II) the date that is 6 months
after the date of enactment of the
Small Business Access to Capital Act of
2014; and
``(ii) in such manner and containing such
information as the Secretary may require.
``(C) Availability of allocated amount.--
Notwithstanding subsection (c)(1), after an eligible
participating State approved by the Secretary to
receive an allocation under this paragraph has
certified to the Secretary that the eligible
participating State has expended, transferred, or
obligated not less than 80 percent of the last \1/3\ of
the 2010 allocation to the eligible participating
State, the Secretary shall transfer to the eligible
participating State the funds allocated to the eligible
participating State under this paragraph.
``(D) Use of transferred funds.--An eligible
participating State may use funds transferred under
this paragraph for any purpose authorized under
subparagraph (A) or (B) of subsection (c)(3).
``(E) Termination of availability of amounts.--
``(i) In general.--If an eligible
participating State has not certified to the
Secretary that the State has expended,
transferred, or obligated not less than 80
percent of the last \1/3\ of the 2010
allocation as of the date that is 2 years after
the date on which the Secretary approves the
eligible participating State to receive an
allocation under this paragraph, any amounts
allocated to the eligible participating State
under this paragraph--
``(I) may not be transferred to the
eligible participating State under this
paragraph; and
``(II) shall be available to the
Secretary to make awards under
paragraph (4).
``(ii) Other amounts.--Effective on the
date that is 2 years after the date of
enactment of the Small Business Access to
Capital Act of 2014, any amounts allocated
under this paragraph to a participating State
that, as of such date, is not an eligible
participating State or to an eligible
participating State that did not submit an
application under subparagraph (B) or was not
approved by the Secretary to receive an
allocation under this paragraph--
``(I) may not be transferred to an
eligible participating State under this
paragraph; and
``(II) shall be available to the
Secretary to make awards under
paragraph (4).
``(3) Competitive funding.--
``(A) In general.--Of the amount made available
under paragraph (6)(D), the Secretary may award, on a
competitive basis, not more than a total of
$1,000,000,000 to participating States and consortiums
of participating States for use for any purpose
authorized under subparagraph (A) or (B) of subsection
(c)(3).
``(B) Application.--
``(i) In general.--A participating State or
consortium of participating States desiring to
receive an award under this paragraph shall
submit an application--
``(I) not later than the date
established by the Secretary, which
shall be not later than the date that
is 1 year after the date of enactment
of the Small Business Access to Capital
Act of 2014; and
``(II) in such manner and
containing such information as the
Secretary may require.
``(ii) Number of applications.--A
participating State may submit not more than 1
application on behalf of the participating
State and not more than 1 application as part
of a consortium of participating States.
``(iii) States that did not participate.--A
State that is not a participating State may
apply to the Secretary for approval to be a
participating State for purposes of this
paragraph and paragraph (4), in accordance with
section 3004.
``(C) Factors.--In determining whether to make an
award to a participating State or consortium of
participating States under this paragraph, the
Secretary shall consider--
``(i) how the participating State or
consortium of participating States plan to use
amounts provided under the award under the
approved State program to--
``(I) leverage private sector
capital;
``(II) create and retain jobs
during the 2-year period beginning on
the date of the award;
``(III) serve businesses that have
been incorporated or in operation for
not more than 5 years; and
``(IV) serve low-or-moderate-income
communities;
``(ii) the extent to which the
participating State or consortium of
participating States will establish or continue
a robust self-evaluation of the activities of
the participating State or consortium of
participating States using amounts made
available under this title;
``(iii) the extent to which the
participating State or consortium of
participating States will provide non-Federal
funds in excess of the amount required under
subparagraph (E); and
``(iv) the extent to which the
participating State expended, obligated, or
transferred the 2010 allocation to the State.
``(D) Award of funds.--
``(i) First tranche.--Notwithstanding
subsection (c)(1), and not later than 30 days
after making an award under this paragraph to a
participating State or consortium of
participating States, the Secretary shall
transfer 50 percent of the amount of the award
to the participating State or consortium of
participating States.
``(ii) Second tranche.--After a
participating State or consortium of
participating States has certified to the
Secretary that the participating State or
consortium of participating States has
expended, transferred, or obligated not less
than 80 percent of the amount transferred under
clause (i), the Secretary shall transfer to the
participating State or consortium of
participating States the remaining amount of
the award.
``(E) State share.--The State share of the cost of
the activities, excluding administrative expenses,
carried out using an award under this paragraph shall
be not less than 10 percent. The Secretary may
determine what contributions by a State qualify as part
of the State share of the cost for purposes of this
subparagraph.
``(4) Award of unused funds.--
``(A) In general.--The Secretary may award, on a
competitive basis, unused funds to participating States
for use for any purpose authorized under subparagraph
(A) or (B) of subsection (c)(3).
``(B) Unused 2010 funds.--
``(i) In general.--The Secretary shall
determine whether any amounts allocated to a
participating State under subsection (b) shall
be deemed no longer allocated and no longer
available if a participating State has not
certified to the Secretary that the State has
expended, transferred, or obligated 80 percent
of the second \1/3\ of the 2010 allocation by
December 31, 2016.
``(ii) Availability.--Effective on the date
of the determination under clause (i), any
amounts identified in the determination that
were deemed no longer allocated and no longer
available to the participating State shall be
available to the Secretary to make awards under
this paragraph.
``(C) Application.--A participating State desiring
to receive an award under this paragraph shall submit
an application--
``(i) not later than 3 months after the
date on which funds are deemed no longer
allocated and no longer available to any
participating State; and
``(ii) in such manner and containing such
information as the Secretary may require.
``(D) Factors.--In determining whether to make an
award to a participating State under this paragraph,
the Secretary shall consider the factors described in
paragraph (3)(C).
``(E) Minimum amount.--The Secretary may not make
an award of less than $5,000,000 under this paragraph.
``(5) Extension of compliance and reporting.--
Notwithstanding section 3007(d), a participating State that
receives funds under paragraph (2), (3), or (4) shall submit
quarterly and annual reports containing the information
described in section 3007 until the end of the 8-year period
beginning on the date of enactment of the Small Business Access
to Capital Act of 2014.
``(6) Administration and implementation.--
``(A) Administrative expenses for participating
states.--A participating State may use not more than 3
percent of the amount made available to the
participating State under paragraph (2), (3), or (4)
for administrative expenses incurred by the
participating State in implementing an approved State
program.
``(B) Contracting.--During the 1-year period
beginning on the date of enactment of the Small
Business Access to Capital Act of 2014, and
notwithstanding any other provision of law relating to
public contracting, the Secretary may enter into
contracts to carry out this subsection.
``(C) Amounts not assistance.--Any amounts
transferred to a participating State under paragraph
(2), (3), or (4) shall not be considered assistance for
purposes of subtitle V of title 31, United States Code.
``(D) Appropriation.--There are appropriated to the
Secretary, out of any funds in the Treasury not
otherwise appropriated, $1,500,000,000 to carry out
this subsection, including to pay reasonable costs of
administering the programs under this subsection, to
remain available until expended.
``(E) Termination of secretary's program
administration functions.--The authorities and duties
of the Secretary to implement and administer the
program under this subsection shall terminate at the
end of the 8-year period beginning on the date of
enactment of the Small Business Access to Capital Act
of 2014.''. | Small Business Access to Capital Act of 2014 - Amends the Small Business Jobs Act of 2010 to extend for an additional eight fiscal years the State Small Business Credit Initiative to assist participating states to give collateral support and other innovative credit access and guarantee initiatives for small businesses and manufacturers. Prescribes allocations of federal funds to participating states. Authorizes the Secretary of the Treasury to award, on a competitive basis, up to a total of $1 billion in two tranches, according to specified criteria, to participating states and consortiums of participating states for use: (1) for making federal contributions to, or for the account of, an approved state program; and (2) as collateral for a qualifying loan or swap funding facility. | {"src": "billsum_train", "title": "Small Business Access to Capital Act of 2014"} | 2,398 | 148 | 0.56962 | 1.544325 | 0.654897 | 2.084507 | 16.204225 | 0.760563 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SCHIP Expansion for Kids in Need Act
of 2009''.
SEC. 2. REQUIRING PRIORITY FOR SCHIP COVERAGE OF CHILDREN IN FAMILIES
WITH INCOME UNDER 200 PERCENT OF THE FEDERAL POVERTY
LEVEL.
(a) Data Collection Requirement.--Section 2108 of the Social
Security Act (42 U.S.C. 1397hh) is amended by adding at the end the
following new subsection:
``(e) Inclusion of Certain Income-Related Data.--
``(1) In general.--Each annual report under this section
for each fiscal year (beginning with fiscal year 2010) shall
include information, consistent with regulations promulgated
under paragraph (2), on the success of the State in providing
health insurance coverage for children at various family income
levels.
``(2) Regulations.--In order to provide consistency in the
reporting of information under paragraph (1), the Secretary
shall promulgate, not later than September 30, 2009, standards
for data collection and statistical methodologies that must be
used in submitting such information. Such standards shall
provide for family income levels to be determined based on
gross income relative to percentages of the poverty line for a
family of the size involved.''.
(b) Plan for Coverage of Low Income Children.--Section 2101 of such
Act (42 U.S.C. 1397aa) is amended by adding at the end the following
new subsection:
``(e) Inclusion of Plan for Coverage of Low Income Children.--
``(1) Development.--No State child health plan shall be
considered approved under section 2106 for a fiscal year
(beginning with fiscal year 2010) unless--
``(A) the State has developed and submitted to the
Secretary, not later than 6 months after the date of
the enactment of this subsection, a plan to assure that
all qualified low-income children (as defined in
paragraph (3)) are covered by creditable health
coverage;
``(B) such a plan has been approved under paragraph
(2); and
``(C) the State implements such plan beginning with
fiscal year 2010.
``(2) Review and approval.--The Secretary shall--
``(A) promptly review plans submitted under
paragraph (1)(A);
``(B) approve such plan if the Secretary determines
that the plan is reasonably designed to assure the
coverage described in such paragraph, effective as for
the plan year beginning in fiscal year 2010; or
``(C) disapprove such plan if the Secretary
determines that the plan is not so reasonably designed.
``(3) Opportunity for resubmittal.--If the Secretary
disapproves a plan under paragraph (2)(C), the Secretary shall
provide the State with an opportunity to resubmit a modified
plan under paragraph (1)(A) that meets the requirement of
paragraph (2)(B).
``(4) Notification.--The Secretary shall promptly notify
the State involved of the approval or disapproval of a plan
submitted under paragraph (1)(A), or resubmitted under
paragraph (3).
``(5) Qualified low-income children.--In this subsection
and section 2105(c)(8), the term `qualified low-income child'
means a child--
``(A) the gross income of whose family does not
exceed 200 percent of the poverty line for a family of
the size involved; and
``(B) who meets all eligibility requirements, other
than those related to income, to be a targeted low-
income child.''.
(c) Limitation on Use of SCHIP Funds.--Section 2105(c) of such Act
(42 U.S.C. 1397ee(c)) is amended by adding at the end the following new
paragraph:
``(8) Limitation based on increases in income
eligibility.--
``(A) In general.--Subject to subparagraph (B), in
the case of a State that increases its income
eligibility level under its State child health plan
above the level in effect as of the date of the
enactment of this paragraph, payment shall not be made
to a State under this section for any amount expended
for an individual whose family income exceeds the
income eligibility level under its State child health
plan as of such date unless the State demonstrates to
the satisfaction of the Secretary that no more than 10
percent of qualified low-income children (as defined in
section 2101(e)(5)) residing in the State are not
covered under creditable health coverage.
``(B) Safe harbor for qualified low-income children
and currently eligible children.--Subparagraph (A)
shall not apply to limit payment under this section for
amounts expended for--
``(i) qualified low-income children (as so
defined); or
``(ii) any child who meets eligibility
standards under the State child health plan as
in effect as of the date of the enactment of
this paragraph.''. | SCHIP Expansion for Kids in Need Act of 2009 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) to require states to provide SCHIP priority to children in families with gross income below 200% of the federal poverty level.
Declares that no state child health plan shall be considered approved for a fiscal year unless the state has developed and submitted to the Secretary of Health and Human Services a plan to assure that all qualified low-income children are covered by creditable health coverage, such a plan has been approved, and the state implements it beginning with FY2010.
Declares that no payment to a state that increases its state child health plan income eligibility level above the one in effect as of the enactment of this Act shall be made for any amount expended for an individual whose family income exceeds the unincreased income eligibility level unless no more than 10% percent of qualified low-income children residing in the state are still not covered under creditable health coverage. | {"src": "billsum_train", "title": "To amend title XXI of the Social Security Act to require States to provide priority under the State Children's Health Insurance Program (SCHIP) to children in families with gross income below 200 percent of the Federal poverty level."} | 1,119 | 224 | 0.640442 | 1.674707 | 0.876187 | 3.588235 | 5.326203 | 0.903743 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Toxic Metals Protection Act of
2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Antimony.--The term ``antimony'' means elemental
antimony and any compounds or alloys which contain antimony.
(2) Barium.--The term ``barium'' means elemental barium and
any compounds or alloys which contain barium.
(3) Cadmium.--The term ``cadmium'' means elemental cadmium
and any compounds or alloys which contain cadmium.
(4) Children's product.--
(A) In general.--The term ``children's product''
means a product designed or intended to be worn or used
by children 12 years of age or younger and sold or
distributed at retail.
(B) Determination of intention for wear or use by
children.--In determining under subparagraph (A)
whether a product is designed or intended for wear or
use by children 12 years of age or younger, the
following factors shall be considered:
(i) A statement by a manufacturer about the
intended use of the product if such statement
is reasonable.
(ii) Any label on the product.
(iii) Whether the product is represented in
its packaging, display, promotion, or
advertising as appropriate for children 12
years of age or younger.
(iv) Whether the product is commonly
recognized by consumers as being intended for
use by children 12 years of age or younger.
(v) The Age Determination Guidelines:
Relating Children's Ages to Toy Characteristics
and Play Behavior, issued by the Commission in
September 2002, and any modifications to such
Guidelines.
(5) Chromium.--The term ``chromium'' means elemental
chromium and any compounds or alloys which contain chromium.
(6) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(7) Sold or distributed at retail.--The term ``sold or
distributed at retail'' means sold or distributed to a
consumer.
SEC. 3. BAN ON CHILDREN'S PRODUCTS CONTAINING CERTAIN LEVELS OF
ANTIMONY, BARIUM, CADMIUM, OR CHROMIUM.
(a) Prohibition.--No person may manufacture for sale, offer for
sale, or distribute in commerce any children's product containing
compounds of antimony, barium, cadmium, or chromium of which the metal
content of the soluble material is in excess of the maximum soluble
migrated element in parts per million as follows:
(1) 60 parts per million for antimony.
(2) 1,000 parts per million for barium.
(3) 75 parts per million for cadmium.
(4) 60 parts per million for chromium.
(b) Penalties.--Any failure of a person to comply with subsection
(a) shall be treated as a violation of section 4 of the Federal
Hazardous Substances Act (15 U.S.C. 1263) and subject to the penalties
set forth in section 5 of such Act (15 U.S.C. 1264).
SEC. 4. ALTERNATIVE MEASURES OF HEAVY METAL CONTENT.
Not later than 90 days after the date of enactment of this Act, the
Consumer Product Safety Commission shall establish a measurement
standard for antimony, barium, cadmium, and chromium based on a units-
of-mass-per-area standard that is statistically comparable to the
parts-per-million measurement standard currently used.
SEC. 5. REPORTS.
(a) In General.--Not later than one year after the date of
enactment of this Act, and annually thereafter, the Commission shall
submit to Congress a report on the actions taken by the Commission to
enforce the provisions of this Act, including a summary of the criminal
and civil penalties imposed under section 3(b).
(b) Heavy Metals.--Not later than one year after the date of the
enactment of this Act, the Commission shall submit a report to Congress
regarding heavy metals that should be banned from children's products.
SEC. 6. EFFECT ON FEDERAL AND STATE LAW.
(a) In General.--Nothing in this Act or section 18(b)(1)(B) of the
Federal Hazardous Substances Act (15 U.S.C. 1261 note) shall preempt
the authority of any State or political subdivision of a State to
establish or continue in effect a provision of the law of a State or
political subdivision of a State relating to regulation of products
containing chromium, cadmium, barium, or antimony, except to the extent
that compliance with both State and Federal law is impossible. Nothing
in this section shall be construed to modify or affect any enforcement
action or liability of any person under the law of any State.
(b) Preservation of Certain State Law.--Nothing in this Act shall
be construed to preempt or otherwise affect any warning requirement
relating to consumer products or substances that is established
pursuant to State law that was in effect on August 31, 2003.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this Act
and shall apply with respect to children's products manufactured on or
after the date that is 90 days after such date of enactment. | Toxic Metals Protection Act of 2010 - Prohibits the manufacture, sale, or distribution in commerce of any children's product containing specified levels of antimony, barium, cadmium, or chromium. Defines a "children's product" as a product designed or intended to be worn or used by a child 12 years of age or younger and sold or distributed at retail.
Directs the Consumer Product Safety Commission (CPSC) to establish a measurement standard for antimony, barium, cadmium, or chromium that is comparable to the measurement standard currently used.
Sets forth: (1) factors to determine whether a product is designed or intended for wear or use by such children; and (2) penalties for violations of such prohibition. | {"src": "billsum_train", "title": "To prohibit the manufacture, sale, or distribution in commerce of children's products containing excessive cadmium, chromium, barium, or antimony, and for other purposes."} | 1,227 | 170 | 0.678161 | 1.919429 | 0.69915 | 4.482014 | 7.352518 | 0.899281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surplus Uranium Disposition Act of
2010''.
SEC. 2. BARTER, TRANSFER, OR SALE OF SURPLUS URANIUM.
(a) In General.--Chapter 14 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the
following:
``SEC. 170J. BARTER, TRANSFER, OR SALE OF SURPLUS URANIUM.
``(a) Definitions.--In this section:
``(1) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(2) Department.--The term `Department' means the
Department of Energy.
``(3) Initial core.--The term `initial core' means the
quantity of uranium required to fuel the first operating cycle
of a newly constructed nuclear reactor located in the United
States.
``(4) Long-term contract.--The term `long-term contract'
means a contract--
``(A) entered into under subsection (e); and
``(B) the duration of which is not less than 3
years.
``(5) Reserve inventory.--The term `reserve inventory'
means the quantity of the excess uranium stockpile of the
Department, the barter, sale, or transfer of which is
prohibited except in the case of a national energy emergency,
as declared by the President under subsection (l)(2).
``(6) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(7) Uranium.--The term `uranium' means any form of
surplus uranium from the inventory of the Department. Any
reference in this section to a quantity of uranium means a
quantity of natural uranium (uranium containing 0.711 percent
U-235) or its equivalent.
``(b) Authority of Secretary.--As soon as practicable after the
date of enactment of this section, the Secretary may barter, transfer,
or sell to eligible entities, at fair market value, uranium in
accordance with this section.
``(c) Eligible Entities.--
``(1) Barters, transfers, or sales for initial cores.--To
be eligible to obtain uranium under subsection (d)--
``(A) an eligible entity shall have submitted to
the Commission an application for a combined operating
license for a reactor; and
``(B) the Commission shall have approved, or agreed
to review, the application.
``(2) Additional barters, transfers, or sales.--To be
eligible to obtain uranium under subsection (e), an eligible
entity shall possess a license from the Commission.
``(d) Barters, Transfers, or Sales for Initial Cores.--The
Secretary shall offer to barter, transfer, or sell to eligible
entities, on a first-come, first-served basis and at fair market value,
20,000,000 pounds of uranium for initial cores for projects to build
new reactors.
``(e) Additional Barters, Transfers, or Sales.--In addition to
initial core barters, transfers, or sales under subsection (d), the
Secretary may barter, transfer, or sell to eligible entities, on a
first-come, first-served basis and at fair market value, uranium in
accordance with the following schedule:
------------------------------------------------------------------------
Million
``Year pounds
Uranium
------------------------------------------------------------------------
2010....................................................... 3.0
2011....................................................... 3.3
2012....................................................... 3.8
2013 and each subsequent year.............................. 5.0
------------------------------------------------------------------------
``(f) Transparency and Competitive Procedures.--In making barters,
transfers, or sales of uranium to eligible entities under this section,
the Secretary shall ensure, to the maximum extent practicable, that--
``(1) the United States receives the fair market value for
any uranium bartered, transferred, or sold to the entities; and
``(2) any barter, transfer, or sale under this section is
conducted in a transparent and competitive manner.
``(g) Sale of Bartered or Transferred Uranium.--If the Secretary
barters or transfers uranium under this section, any uranium sold by
the recipient shall be--
``(1) sold at fair market value; and
``(2) considered part of the annual sales quantity of the
Department for the year bartered or transferred.
``(h) Dissemination Requirement.--Not later than 14 days before the
date on which the Secretary barters, transfers, or sells to an eligible
entity any uranium under this section, the Secretary shall publish in
the Federal Register, with respect to the barter, transfer, or sale,
the determination required by the Secretary under section 3112(e)(2) of
the USEC Privatization Act (42 U.S.C. 2297h-10(e)(2)).
``(i) Other Programs.--
``(1) Compliance.--In carrying out this section, the
Secretary shall comply with--
``(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
``(B) section 3112 of the USEC Privatization Act
(42 U.S.C. 2297h-10); and
``(C) other applicable provisions of law (including
regulations).
``(2) Use of proceeds.--No funds or other value obtained
from the barter, transfer, or sale of uranium under this
section may be used to carry out other programs of the
Department without a specific appropriation by Congress.
``(j) Schedule.--The Secretary shall ensure that long-term
contracts cover not less than 50 percent of the quantity of uranium
bartered, transferred, or sold under this section during each calendar
year.
``(k) Department Needs.--Notwithstanding any other provision of
this section, the Secretary shall maintain a sufficient inventory of
uranium to meet the current and foreseeable needs of the missions and
programs of the Department, including missions and programs of--
``(1) the National Nuclear Security Agency;
``(2) the Office of Nuclear Energy, Science, and Technology
Programs;
``(3) the Office of the Assistant Secretary for
Environmental Management; and
``(4) other agencies of the Department, as determined by
the Secretary.
``(l) Reserve Inventory.--
``(1) In general.--The Secretary shall maintain a reserve
inventory of uranium that contains not less than 20,000,000
pounds of uranium.
``(2) National energy emergency.--The Secretary shall
release uranium from the reserve inventory only in the case of
a national energy emergency declared by the President.''.
(b) Technical Amendment.--Section 11 f. of the Atomic Energy Act of
1954 (42 U.S.C. 2014(f)) is amended by striking ``Atomic Energy
Commission'' and inserting ``Nuclear Regulatory Commission''. | Surplus Uranium Disposition Act of 2010 - Amends the Atomic Energy Act of 1954 to authorize the Secretary of Energy to barter, transfer, or sell uranium to eligible entities at fair market value.
Requires eligible entities to: (1) obtain a combined operating license for a reactor approved by the Nuclear Regulatory Commission (NRC); and (2) possess a license from the NRC in order to obtain uranium under this Act.
Requires the Secretary of Energy to offer to barter, transfer, or sell to eligible entities, on a first-come, first-served basis and at fair market value, 20 million pounds of uranium for initial cores for projects to build new reactors.
Authorizes the Secretary to barter, transfer, or sell uranium to eligible entities on a first-come, first-served basis, at fair market value following a prescribed schedule for 2010-2013 and subsequent years.
Requires a recipient to sell such uranium at fair market value.
Prohibits the use of funds or other value obtained from the barter, transfer, or sale of uranium, without a specific appropriation by Congress, to implement other programs of the Department of Energy (DOE).
Requires the Secretary to: (1) maintain a sufficient inventory of uranium to meet current and foreseeable needs of the missions and programs of DOE and designated agencies; and (2) maintain a reserve inventory of uranium that contains at least 20 million pounds of uranium.
Permits the Secretary to release uranium from the reserve inventory only if a national energy emergency is declared by the President. | {"src": "billsum_train", "title": "A bill to amend the Atomic Energy Act of 1954 to authorize the Secretary of Energy to barter, transfer, or sell surplus uranium from the inventory of the Department of Energy, and for other purposes."} | 1,674 | 375 | 0.653209 | 1.751075 | 0.7685 | 5.056106 | 4.49505 | 0.924092 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Poland Parliamentary
Youth Exchange Program Act of 2006''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States established diplomatic relations with
the newly-formed Polish Republic in April 1919.
(2) The United States and Poland have enjoyed close
bilateral relations since 1989.
(3) Poland became a member of the North Atlantic Treaty
Organization (NATO) in March 1999.
(4) Poland became a member of the European Union (EU) in
May 2004.
(5) Poland has been a strong supporter, both diplomatically
and militarily, of efforts led by the United States to combat
global terrorism and has contributed troops to the United
States-led coalitions in both Afghanistan and Iraq.
(6) Poland cooperates closely with the United States on
such issues as democratization, nuclear proliferation, human
rights, regional cooperation in Eastern Europe, and reform of
the United Nations.
(7) The United States and Poland seek to ensure enduring
ties between both governments and societies.
(8) It is important to invest in the youth of the United
States and Poland in order to help ensure long-lasting ties
between both societies.
(9) It is in the interest of the United States to preserve
a United States presence in Europe and to continue to
contribute to the development of transatlantic relationships.
(10) Poland for many years received international and
United States financial assistance and is now determined to
invest its own resources toward attaining its shared desire
with the United States to develop international cooperation.
SEC. 3. UNITED STATES-POLAND PARLIAMENTARY YOUTH EXCHANGE PROGRAM.
(a) Authority.--The President, acting through the Secretary of
State and in cooperation with the Government of Poland, may establish
and carry out a parliamentary exchange program for youth of the United
States and Poland.
(b) Designation.--The youth exchange program carried out under this
subsection shall be known as the ``United States-Poland Parliamentary
Youth Exchange Program''.
(c) Purpose.--The purpose of the youth exchange program is to
demonstrate to the youth of the United States and Poland the benefits
of friendly cooperation between the United States and Poland based on
common political and cultural values.
(d) Eligible Participants.--An individual is eligible for
participation in the youth exchange program if the individual--
(1) is a citizen or national of the United States or of
Poland;
(2) is under the age of 19 years;
(3) is a student who is enrolled and in good standing at a
secondary school in the United States or Poland;
(4) has been accepted for up to one academic year of study
in a program of study abroad approved for credit at such
school; and
(5) meets any other qualifications that the President may
establish for purposes of the program.
(e) Program Elements.--Under the youth exchange program, eligible
participants selected for participation in the program shall--
(1) live in and attend a public secondary school in the
host country for a period of one academic year;
(2) while attending public school in the host country,
undertake academic studies in the host country, with particular
emphasis on the history, constitution, and political
development of the host country;
(3) be eligible, either during or after the completion of
such academic studies, for an internship in an appropriate
position in the host country; and
(4) engage in such other activities as the President
considers appropriate to achieve the purpose of the program.
(f) Relationship to Other Authorities.--The President may utilize
the authorities and procedures set out in title VIII of the United
States Information and Educational Exchange Act of 1948 (22 U.S.C. 1471
et seq.) to establish and carry out the youth exchange program.
SEC. 4. ANNUAL REPORT TO CONGRESS.
The Secretary of State shall submit to Congress an annual report on
the United States-Poland Parliamentary Youth Exchange Program
established under this Act. Each annual report shall include--
(1) information on the implementation of the Program during
the preceding year:
(2) the number of participants in the Program during such
year;
(3) the names and locations of the secondary schools in the
United States and Poland attended by such participants;
(4) a description of the areas of study of such
participants during their participation in the Program;
(5) a description of any internships taken by such
participants during their participation in the Program; and
(6) a description of any other activities such participants
carried out during their participation in the Program.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
Department of State for fiscal year 2007 such sums as may be necessary
to carry out the youth exchange program authorized by this Act.
(b) Availability.--Amounts authorized to be appropriated by
subsection (a) shall remain available until expended. | United States-Poland Parliamentary Youth Exchange Program Act of 2006 - Authorizes the President, through the Secretary of State and in cooperation with the government of Poland, to establish a United States-Poland Parliamentary Youth Exchange Program. | {"src": "billsum_train", "title": "To establish a United States-Poland parliamentary youth exchange program, and for other purposes."} | 1,054 | 51 | 0.651466 | 1.701048 | 0.710073 | 6.119048 | 24.619048 | 0.97619 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to College Education (ACE)
Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) During the past 15 years, tuition at 4-year public
colleges and universities rose 234 percent.
(2) In contrast, during this same time, median household
income rose only 82 percent.
(3) The cost of consumer goods, as measured by the Consumer
Price Index, rose only 74 percent during this time.
(4) During the past 15 years, the share of schools'
revenues provided by tuition rose from 16 percent to 23
percent.
(5) The future of America depends on a well educated work
force.
(6) High-tech, high-wage jobs require postsecondary
education.
(7) Parents need information and assistance to save for
their children's higher education.
(8) Prepaid college tuition programs are one way parents
can make sure they will be able to afford the cost of their
children's college.
SEC. 3. ESTABLISHMENT OF PROGRAM.
Title X of the Higher Education Act of 1965 is amended by inserting
after part E (20 U.S.C. 1135g) the following new part:
``PART F--ADMINISTRATIVE SUPPORT FOR STATE PREPAID TUITION PROGRAMS.
``SEC. 1096. GRANT PROGRAM AUTHORIZED.
``(a) General Authority.--The Secretary shall establish a program
in accordance with the requirements of this section to provide grants
to States to support temporarily the establishment and operation of
State prepaid tuition programs. No State shall be eligible to receive
more than a single grant under this section.
``(b) Application Requirements.--
``(1) In general.--Any State desiring to obtain a grant
under this section shall submit to the Secretary an application
at such time, in such form, and containing such information or
assurances as the Secretary may require by regulation.
``(2) State plan.--An application under this section shall
include a State plan for the establishment and operation of a
program to offer parents the opportunity to prepay tuition at
State postsecondary institutions. The State plan shall include
a description of--
``(A) the type of prepaid tuition plan the State
offers or plans to offer, such as by contract, tuition
credit, or certificate, and the institutions at which
prepaid tuition funds will be available for use;
``(B) the tuition and other expenses to which the
prepayment will be applied;
``(C) the method by which the future cost of such
tuition and expenses is or will be calculated;
``(D) the options the parents have or will have to
make the prepayment;
``(E) the methods by which prepaid tuition funds
will be invested;
``(F) the methods by which the funds will be
disbursed;
``(G) the methods by which prepaid tuition funds
will be taken into account in the calculation of State
student aid eligibility;
``(H) the methods by which the State will inform
the public on a regular basis of the actuarial
projections for the cost of tuition; and
``(I) the methods by which the State will inform
the public on a regular basis of the investment of
these funds.
``(3) Disclosure obligation.--An application under this
section shall include an agreement by the State to provide
regular periodic disclosures of the actuarial projections for
the cost of tuition at State postsecondary institutions and the
investment of prepaid tuition funds.
``(c) Use of Funds.--A State that obtains a grant from funds
provided under this section may use such funds--
``(1) to hire a chief administrative officer;
``(2) to obtain office space for the program's
administration;
``(3) to acquire or improve office equipment necessary for
a prepaid college tuition program;
``(4) to pay expenses necessary for the public disclosure
required by this section;
``(5) to advertise the existence of this program throughout
the State; and
``(6) to conduct activities which educate the public about
the necessity of early savings for higher education.
``(d) Information.--In order to assist other States in establishing
and improving prepaid tuition programs, any State that receives a grant
under this section shall provide to the Secretary such information as
the Secretary may request concerning the development of its program.
The Secretary shall--
``(1) collect information from existing prepaid tuition
programs;
``(2) correlate such information with significant variables
such as--
``(A) population of State;
``(B) number of State postsecondary institutions;
``(C) average cost of State postsecondary
institutions; and
``(D) number of participants currently in program;
``(3) collect studies of prepaid college tuition programs;
and
``(4) disseminate to States applying for grants under this
section the information and studies collected for the purposes
of providing such States with information on successful
practices to administer prepaid college tuition programs.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to make grants under this section $20,000,000 for fiscal
year 1998 and such sums as may be necessary for each of the 3
succeeding fiscal years.''. | Access to College Education (ACE) Act of 1997 - Amends the Higher Education Act of 1965 to establish a new part F, Administrative Support for State Prepaid Tuition Programs, under title X of such Act.
Directs the Secretary of Education to: (1) make grants to States to support temporarily the establishment and operation of State prepaid tuition programs; and (2) disseminate to States applying for such grants certain studies and information on successful administrative practices for such programs.
Authorizes appropriations. | {"src": "billsum_train", "title": "Access to College Education (ACE) Act of 1997"} | 1,152 | 108 | 0.5503 | 1.359455 | 1.057485 | 3.854167 | 11.697917 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paperless Enrollment for School
Meals Act of 2009''.
SEC. 2. DATA-BASED ELIGIBILITY FOR SCHOOL MEALS PROGRAMS.
(a) Eligibility.--Section 11(a)(1) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by adding
at the end the following:
``(F) Data-based eligibility.--
``(i) In general.--A school or local
educational agency may elect to receive special
assistance payments under clause (ii) in lieu
of special assistance payments otherwise made
available under this paragraph based on
applications for free and reduced price lunches
if the school or local educational agency--
``(I) elects to serve all children
in the school or local educational
agency free lunches and breakfasts
under the school lunch program and
school breakfast program established
under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773), during a
period of 5 successive school years;
and
``(II) pays, from sources other
than Federal funds, the costs of
serving the lunches or breakfasts that
are in excess of the value of
assistance received under this Act and
the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
``(ii) Alternative data sources.--Subject
to criteria established by the Secretary not
later than December 31, 2010, special
assistance payments under clause (i) may be
based on an estimate of the number of children
eligible for free and reduced price lunches
under section 9(b)(1)(A) derived from recent
data other than applications, including--
``(I) a socioeconomic survey of a
representative sample of households of
students, which may exclude students
who have been directly certified under
paragraphs (4) and (5) of section 9(b);
``(II) data from the American
Community Survey of the Bureau of the
Census;
``(III) data on receipt of income-
tested public benefits by students or
the households of students or income
data collected by public benefit
programs, including--
``(aa) the supplemental
nutrition assistance program
established under the Food and
Nutrition Act of 2008 (7 U.S.C.
2011 et seq.);
``(bb) the medical
assistance program under the
State Medicaid program under
title XIX of the Social
Security Act (42 U.S.C. 1396 et
seq.);
``(cc) the supplemental
security income program
established under title XVI of
that Act (42 U.S.C. 1381 et
seq.); and
``(dd) the program of block
grants to States for temporary
assistance for needy families
established under part A of
title IV of that Act (42 U.S.C.
601 et seq.); or
``(IV) other data, including State
or local survey data and State or local
tax records.
``(iii) Payments.--
``(I) Free meals.--For each month
of the period during which a school or
local educational agency described in
clause (i) serves free lunches or
breakfasts to all enrolled children,
special assistance payments at the rate
for free meals shall be made for a
percentage of all reimbursable meals
served that is equal to the percentage
of students estimated to be eligible
for free meals.
``(II) Reduced price meals.--For
each month of the period during which
the school or local educational agency
serves free lunches or breakfasts to
all enrolled children, special
assistance payments at the rate for
reduced price meals shall be made for a
percentage of all reimbursable meals
served that is equal to the percentage
of students estimated to be eligible
for reduced price meals.
``(III) Other meals.--For each
month of the period during which the
school or local educational agency
serves free lunches or breakfasts to
all enrolled children, food assistance
payments at the rate provided under
section 4 shall be made for the
remainder of the reimbursable meals
served.
``(iv) Renewals.--
``(I) In general.--A school or
local educational agency described in
clause (i) may reapply to the Secretary
at the end of the period described in
clause (i), and at the end of each
period thereafter for which the school
or local educational agency receives
reimbursements and assistance under
this subparagraph, for the purpose of
continuing to receive the
reimbursements and assistance for a
subsequent 5-school-year period.
``(II) Approval.--The Secretary
shall approve an application under this
clause if available socioeconomic data
demonstrate that the income level of
the population of the school or local
educational agency has remained
consistent with or below the income
level of the population of the school
or local educational agency in the last
year in which reimbursement rates were
determined under clause (ii).
``(III) Data.--Not later than
December 31, 2010, the Secretary shall
establish criteria regarding the
socioeconomic data that may be used
when applying for a renewal of the
special assistance payments for a
subsequent 5-school-year period.
``(G) High-poverty areas.--
``(i) In general.--A school or local
educational agency may elect to receive special
assistance payments under clause (ii) in lieu
of special assistance payments otherwise made
available under this paragraph based on
applications for free and reduced price lunches
if the school or local educational agency--
``(I) during a period of 2
successive school years, elects to
serve all children in the school or
local educational agency free lunches
and breakfasts under the school lunch
program under this Act and the school
breakfast program established under
section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773);
``(II) pays, from sources other
than Federal funds, the costs of
serving the lunches or breakfasts that
are in excess of the value of
assistance received under this Act and
the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.); and
``(III)(aa) for a local educational
agency, for the prior school year,
directly certified under paragraphs (4)
and (5) of section 9(b) at least 50
percent of the enrolled students;
``(bb) for a school, for the prior
school year, directly certified under
paragraphs (4) and (5) of section 9(b)
at least 60 percent of the enrolled
students; or
``(cc) for a school or local
educational agency that received
payments under this subparagraph for
the prior school year, directly
certifies under paragraphs (4) and (5)
of section 9(b) at least 40 or 50
percent, respectively, of the enrolled
students.
``(ii) Payments.--
``(I) In general.--For each month
of the school year, special assistance
payments at the rate for free meals
shall be made under this subparagraph
for a percentage of all reimbursable
meals served in an amount equal to the
product obtained by multiplying--
``(aa) 1.5; by
``(bb) the percentage of
students directly certified
under paragraphs (4) and (5) of
section 9(b), up to a maximum
of 100 percent.
``(II) Other meals.--The percentage
of meals served that is not described
in subclause (I) shall be reimbursed at
the rate provided under section 4.
``(iii) Election of option.--
``(I) In general.--Any school or
local educational agency eligible for
the option under clause (i) may elect
to receive special assistance payments
under clause (ii) for the next school
year if the school or local educational
agency provides to the State agency
evidence of the percentage of students
directly certified not later than June
30 of the current school year.
``(II) State agency notification.--
Not later than May 1 of each school
year, each State agency shall notify--
``(aa) any local
educational agency that
appears, based on reported
verification summary data, to
have directly certified at
least 50 percent of the
enrolled students for the
current school year, that the
local educational agency may be
eligible to elect to receive
special assistance payments
under clause (ii) for the next
school year and explain the
procedures for the local
educational agency to make such
an election; and
``(bb) any local
educational agency that
appears, based on reported
verification summary data, to
have directly certified at
least 40 percent of the
enrolled students for the
current school year, that the
local educational agency may
become eligible to elect to
receive special assistance
payments under clause (ii) for
a future school year if the
local educational agency
directly certifies at least 50
percent of the enrolled
students.
``(III) Local educational agency
notification.--Not later than May 1 of
each school year, each local
educational agency shall notify--
``(aa) any school that
directly certified at least 60
percent of the enrolled
students for the current school
year, that the school is
eligible to elect to receive
special assistance payments
under clause (ii) for the next
school year and explain the
procedures for the school to
make such an election; and
``(bb) any school that
directly certified at least 50
percent of the enrolled
students for the current school
year, that the school may
become eligible to elect to
receive special assistance
payments under clause (ii) for
a future school year if the
school directly certifies at
least 60 percent of the
enrolled students.
``(IV) Procedures.--Not later than
December 31, 2010, the Secretary shall
establish procedures for State
agencies, local educational agencies,
and schools to exercise the options
provided under this clause.''.
(b) Conforming Amendments.--Section 11(a)(1)(B) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(B)) is amended
by striking ``or (E)'' and inserting ``(E), (F), or (G)''. | Paperless Enrollment for School Meals Act of 2009 - Amends the Richard B. Russell National School Lunch Act to allow schools and local educational agencies (LEAs) to receive special assistance payments for free or reduced price meals under the school lunch or breakfast programs that are based not on applications for such meals, but on estimates of the number of children eligible for such meals.
Requires such estimates to be derived from recent data, such as survey, welfare, or tax data.
Permits schools and LEAs from high poverty areas to receive special assistance payments for free or reduced price meals that are not based on applications, if they directly certify a specified minimum percentage of their students as eligible for free meals due to such students' eligibility for certain other public assistance. Reimburses such schools and LEAs pursuant to a formula that factors in the percentage of students directly certified as eligible for free meals.
Requires schools and LEAs reimbursed on the basis of estimates or certifications to provide free meals to all their students under the school lunch and breakfast programs and cover, from nonfederal sources, the costs of serving such meals that exceed the assistance received under such programs. | {"src": "billsum_train", "title": "To amend the Richard B. Russell National School Lunch Act to improve paperless enrollment and efficiency for the national school lunch and school breakfast programs, and for other purposes."} | 2,251 | 256 | 0.603677 | 1.48861 | 0.924283 | 1.90411 | 9.757991 | 0.835616 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charitable Solicitation Disclosure
Act of 1993''.
SEC. 2. DISCLOSURE REQUIREMENT.
(a) Requirement.--Chapter 30 of title 39, United States Code, is
amended by adding at the end the following:
``Sec. 3015. Soliciting charitable contributions by mail
``(a) Any charitable organization which solicits, in any manner or
through any means, the remittance of a contribution by mail, shall
include with such solicitation the following information:
``(1) The legal name and the principal business address of
the charitable organization making the solicitation.
``(2) Whether the organization is exempt from taxation
under section 501(a) of the Internal Revenue Code of 1986,
specifying whether or not the contributions solicited will
qualify as charitable contributions under section 170(c) of
such Code.
``(3) The purpose of the solicitation and the intended use
of the contribution being solicited, specifying whether the
program or activities for which the contribution will be used
are in existence or planned.
``(4) The obligation of the charitable organization to
furnish information in accordance with subsection (c).
``(b) The information required under subsection (a) to be included
with any solicitation for contributions by mail shall--
``(1) in the case of a solicitation made in writing--
``(A) be presented in language which is readily
understandable by persons receiving the solicitation;
``(B) be located in a conspicuous place on the
solicitation; and
``(C) appear in conspicuous and legible type in
contrast by typography, layout, or color with other
printed matter on the solicitation;
``(2) in the case of a solicitation made through audio
communication, be clearly audible and in language readily
understandable by persons to whom the solicitation is directed;
and
``(3) in the case of a solicitation made through visual
communication--
``(A) appear in lettering of sufficient size to be
easily read by the viewer;
``(B) be shown against a background which does not
impair the legibility of the communication; and
``(C) remain in view for a period sufficient to
enable the viewer to read the communication.
``(c) Any charitable organization which makes a solicitation of
contributions which is subject to subsection (a) shall, no later than
30 days after the receipt of a request from any person receiving such
solicitation, furnish to such person a financial report for the most
recent complete fiscal year of the organization, prepared in accordance
with generally accepted accounting principles, which includes--
``(1) a statement which clearly sets forth the gross income
and revenues received by the organization, the total expenses
for program services, fund raising activities, management and
general activities, and any other disbursements made during the
fiscal year;
``(2) a statement of functional expenses during the fiscal
year which discloses the nature and amount of these expenses
for its program services, fund raising activities, and
management and general activities;
``(3) a balance sheet which discloses the organization's
assets, liabilities, and net worth at the beginning and at the
close of the fiscal year;
``(4) a statement which relates each of the activities
comprising the organization's program services in both
qualitative and quantitative form and sets forth the amounts
expended for each such activity during the fiscal year; and
``(5) in the case of an organization which received total
revenue and support in excess of $50,000 during the fiscal
year, the opinion of an independent certified or licensed
public accountant, based on an examination made in accordance
with generally accepted auditing standards, that the statements
in the financial report present fairly the financial position
of the organization and the results of its operations during
the fiscal year.
``(d) Any charitable organization which makes a solicitation of
contributions which is subject to subsection (a) shall, upon request by
the Postal Service, furnish to the Postal Service in accordance with
its request such audit reports, accounts, or other information as the
Postal Service may require to establish or verify such organization's
compliance with this section.
``(e) Subsection (a) shall not apply to--
``(1) any bona fide membership organization with respect to
any solicitation for contributions made by such organization
exclusively to the members of such organization;
``(2) any school, college, or university with respect to
any solicitation for contributions made by such organization
exclusively to its students, alumni, faculty, members of
governing boards and appointed committees, or a member of the
family of any such individuals;
``(3) any charitable organization which is authorized by,
and exclusively makes expenditures to or for the benefit of, a
school, college, or university with respect to any solicitation
for contributions made by such organization exclusively to
individuals referred to in paragraph (2);
``(4) any solicitation of contributions made for the
relief, and with the written consent, of any individual
specified by name at the time of the solicitation, if all of
the contributions collected without any deductions whatsoever
are turned over to the individual;
``(5) any solicitation of contributions made by a
charitable organization which received not more than $10,000 in
total revenue and support during the previous fiscal year and
all of whose fund raising functions are performed by persons
who do not receive compensation for such performance; and
``(6) any solicitation which is made through the use of
audio or visual communication and which does not exceed 60
seconds in duration.
``(f) For the purposes of this section--
``(1) the term `charitable organization' means any person
(including any individual, organization, partnership,
association, trust, society, foundation, group, or corporation,
or any combination of them) which is organized, or which claims
to be organized, for any charitable, benevolent, philanthropic,
humane, patriotic, scientific, literary, medical, religious, or
educational purpose, for the prevention of cruelty to children
or animals, or for any other eleemosynary purpose;
``(2) the term `contribution' means the promise, grant,
gift, or pledge of any money or property of any kind for any
charitable, benevolent, philanthropic, humane, patriotic,
scientific, literary, medical, religious, or educational
purpose, or for the prevention of cruelty to children or
animals, or for any other eleemosynary purpose;
``(3) the term `program services' includes any activity
carried on by a charitable organization in the performance of
its purposes;
``(4) the term `fund raising activities' includes any
activity that constitutes or is an integral and inseparable
part of an appeal for contributions;
``(5) the term `management and general activities' includes
any activity which relates to the overall direction of the
organization, but not its program services or fund raising
activities; and
``(6) the term `membership' does not include any case in
which an organization confers a membership on any person solely
as a consideration for making a contribution.''.
(b) Issuance of Order by Postal Service.--Section 3005(a) of title
39, United States Code, is amended by inserting immediately after
``means of false representations'' the following: ``or for a charitable
purpose without complying with section 3012''.
SEC. 3. CONFORMING AMENDMENTS.
The table of sections at the beginning of chapter 30 of title 39,
United States Code, is amended by inserting after the item relating to
section 3014 the following:
``3015. Soliciting charitable contributions by mail.''.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect one year after the date of the enactment
of this Act. | Charitable Solicitation Disclosure Act of 1993 - Requires charitable organizations which solicit a contribution by mail to include the following information with such solicitation: (1) the legal name and principal business of the organization; (2) whether it is exempt under the Internal Revenue Code; (3) the purpose of the solicitation and the intended use of the contribution, specifying whether the program or activities for which the contribution will be used are in existence or planned; and (4) the obligation of the organization to furnish a financial report upon the request of the person being solicited.
Requires solicitations made in writing to: (1) be presented in readily understandable language; (2) be located in a conspicuous place; and (3) appear in conspicuous and legible type in contrast with other printed matter on the solicitation.
Requires solicitations made through audio communication to be clearly audible and in language readily understandable.
Requires solicitations made through visual communication to: (1) appear in lettering of sufficient size to be easily read by the viewer; (2) be shown against a background which does not impair the legibility of the communication; and (3) remain in view for a period sufficient to enable the viewer to read the communication.
Describes the information to be included in financial reports of organizations which solicit contributions by mail. Requires such organizations to furnish the Postal Service any information it may require to assure compliance with this Act.
Describes the types of organizations to which this Act does not apply.
Authorizes the Postal Service to issue certain cease and desist orders to organizations that solicit money for a charitable purpose without complying with this Act. | {"src": "billsum_train", "title": "Charitable Solicitation Disclosure Act of 1993"} | 1,706 | 351 | 0.81401 | 2.498405 | 0.951058 | 3.996885 | 5.180685 | 0.894081 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Postal Facilities Preservation and
Sales Reform Act''.
SEC. 2. AMENDMENTS TO TITLE 39, UNITED STATES CODE, WITH RESPECT TO THE
CLOSURE AND CONSOLIDATION OF POSTAL FACILITIES.
(a) In General.--Section 404(d) of title 39, United States Code, is
amended--
(1) by striking subsection (d)(1) and inserting the
following:
``(d)(1) Prior to making a determination under subsection (a)(3) of
this section as to the necessity for the closing or consolidation of
any postal facility, the Postal Service shall--
``(A) hold at least 3 public meetings, located within the
area affected by the closing or consolidation, at least 120
days prior to such determination; and
``(B) provide adequate notice of its intention to close or
consolidate such facility at least 180 days prior to the
proposed date of such closing or consolidation to persons
served by such facility to ensure that such persons will have
an opportunity to present their views.
``(2) For purposes of paragraph (1), `adequate notice' with respect
to a closure or consolidation of a post office means written
notification to--
``(A) each person served by such post office;
``(B) each officer or employee who is employed at such post
office; and
``(C) each Federal, State, and local elected official who
represents the ZIP code in which such post office is
located.'';
(2) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(3) by adding at the end the following:
``(8) The following entities shall have a right of first refusal,
in descending order of priority, to purchase any postal facility
offered for sale by the Postal Service under this section:
``(A) A Federal agency (as that term is defined in section
2671 of title 28).
``(B) The State in which such facility is located.
``(C) The city, town, or local unit of government with
jurisdiction over the area in which such facility is located.
``(9) The Postal Service may not enter into any contract or
agreement with a person where such contract permits such person to
represent, with respect to a sale of a postal facility under this
section, the Postal Service and the proposed buyer of the facility.''.
(b) Technical and Conforming Amendments.--Section 404(d) of title
39, United States Code, is amended--
(1) in paragraphs (3) through (7) (as redesignated by
subsection (a)(2)), by striking ``post office'' in each
instance it appears and inserting ``postal facility'';
(2) in paragraph (3) (as so redesignated), by striking
``post offices'' and inserting ``postal facilities''; in each
instance it appears
(3) in paragraph (4) (as so redesignated), by striking
``paragraph (2)'' and inserting ``paragraph (3)'';
(4) in paragraph (6) (as so redesignated), by striking
``paragraph (3)'' and inserting ``paragraph (4)''; and
(5) in paragraph (7) (as so redesignated), by striking
``paragraph (5)'' and inserting ``paragraph (6)''.
SEC. 3. AMENDMENTS TO TITLE 39, UNITED STATES CODE, WITH RESPECT TO
HISTORIC POSTAL FACILITIES.
(a) Sale of Postal Facilities.--Section 404(d) of title 39, United
States Code, is further amended by adding at the end the following new
paragraph:
``(10) With respect to any historic postal facility (as that term
is defined in section 417) offered for sale or proposed for relocation
or cessation of services by the Postal Service under this section, the
Postal Service may not enter into any contract or agreement to sell the
facility or relocate or cease services at such facility until the
proposed decision to sell or relocate such facility is reviewed
pursuant to section 106 of the National Historic Preservation Act (16
U.S.C. 470f).''.
(b) General Historic Postal Facility Requirements.--Chapter 4 of
title 39, United States Code, is amended by adding at the end the
following:
``Sec. 417. Historic postal facilities
``(a) Historic Surplus Property Program.--If the Postal Service
makes a determination to sell a historic postal facility under section
404, and the preservation of such facility has been determined by the
State Historic Preservation Officer or the Keeper of the National
Register of Historic Places to be of national significance, the Postal
Service shall use the Historic Surplus Property Program (administered
by the National Park Service and the General Services Administration)
to dispose of such facility.
``(b) Federal Preservation Officer Duties.--The Federal
preservation officer at the Postal Service shall be consulted in any
decision with respect to the sale or lease of any historic postal
facility or any historic art at such facility.
``(c) List of Historic Postal Facilities; Budget.--The Postmaster
General shall maintain--
``(1) a list of historic postal facilities and publish such
list on the Postal Service Web site; and
``(2) a separate preservation budget to track obligations
and expenditures by the Postal Service with respect to historic
preservation activities.
``(d) New Deal Art.--
``(1) In general.--The Federal preservation officer at the
Postal Service shall promptly notify the National Museum of
American Art in any instance where New Deal art owned by the
Postal Service is loaned or relocated.
``(2) Availability of policies.--The Postmaster General
shall make all Postal Service policies relating to historic
preservation and New Deal art available to the public.
``(e) Definitions.--In this section--
``(1) the term `historic postal facility' means any postal
facility listed, or eligible to be listed, in the National
Register of Historic Places; and
``(2) the term `New Deal art' means any work of art located
at a postal facility that--
``(A) was commissioned by the Federal Government
between 1933 and 1936; and
``(B) is owned by the Postal Service.''.
(c) Clerical Amendment.--The table of sections for title 39, United
States Code, is amended by inserting after the item relating to section
416 the following new item:
``417. Historic postal facilities.''.
SECTION 4. ADDITIONAL REQUIREMENTS WITH RESPECT TO HISTORIC POSTAL
FACILITIES.
(a) Moratorium on Sale of Historic Postal Facilities.--
Notwithstanding any other provision of law, the Postmaster General of
the United States Postal Service may not enter into any agreement to
sell a postal facility that is listed, or eligible to be listed, in the
National Register of Historic Places unless the sale is conducted
pursuant to the procedures established under section 404(d) of title
39, United States Code, as amended by sections 2 and 3.
(b) Application of National Historic Preservation Act.--Congress
reaffirms that sections 106, 110, and 111 of the National Historic
Preservation Act apply to the United States Postal Service.
(c) Development of Postal Service Policies and Procedures With
Respect to Historic Postal Facilities.--
(1) Model historic property covenant.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Postmaster General
shall, in consultation with the Advisory Council on
Historic Preservation, the National Conference of State
Historic Preservation Officers, and the National Trust
for Historic Preservation, develop a model covenant, to
be used and applied with respect to any historic postal
facility offered for sale by the Postal Service.
(B) Covenant requirements.--Such covenant shall
provide that--
(i) the purchaser of such a facility shall
allow public access to any historic artwork
located within such facility;
(ii) the Postal Service shall contribute
sufficient funds to the maintenance of any such
artwork; and
(iii) the purchaser of such a facility
shall not demolish the historic postal facility
or alter it in any way that is incompatible
with the historic character of such facility.
(C) Covenant guidance.--Not later than 1 year after
the date of enactment of this Act, the Postmaster
General shall, in consultation with the Advisory
Council on Historic Preservation, the National
Conference of State Historic Preservation Officers, and
the National Trust for Historic Preservation, develop
and implement guidelines with respect to notifying any
private entity of the responsibilities of such entity
under the covenant developed under subsection (a),
including stewardship requirements and any pertinent
information on Federal or State tax incentive programs.
(2) Training.--Not later than 180 days after the date of
enactment of this Act, the Postmaster General shall, in
consultation with the Advisory Council on Historic
Preservation, develop guidance and training procedures for
officers and employees of the Postal Service on the processes,
requirements, and special considerations with respect to the
sale of any historic postal facility, including--
(A) the application of section 106 of the National
Historic Preservation Act (16 U.S.C. 470f) to such
sale; and
(B) consultation with stakeholders with respect to
such sale.
(3) Leasing.--Not later than 1 year after the date of
enactment of this Act, the Postmaster General shall develop and
implement a policy with respect to, as an alternative to
selling any historical postal facility, leasing such facility,
as permitted under section 111 of the National Historic
Preservation Act (16 U.S.C. 470h-3).
(4) Report on use of gsa for sale of property.--Not later
than 180 days after the date of enactment of this Act, the
Postmaster General shall publish a report on whether the Postal
Service should use the Office of Real Property Disposal of the
General Services Administration with respect to selling any
historic postal facility.
SEC. 5. PROPOSED POSTAL SERVICE RULE UNDER THE NATIONAL ENVIRONMENTAL
POLICY ACT.
The proposed rule published by the Postal Service in the Federal
Register on January 13, 2014 (79 Fed. Reg. 2102 et seq.), and any
subsequent rule that is substantially the same shall have no force or
effect. | Postal Facilities Preservation and Sales Reform Act - Revises requirements for making a determination as to the necessity for closing or consolidating any postal facility to require that the U.S. Postal Service (USPS): (1) hold at least three public meetings, located in the area affected by the closing or consolidation, at least 120 days prior to the determination; and (2) provide adequate notice of the closing or consolidation to persons served by such facility at least 180 days prior to the proposed date of such closing or consolidation. Prohibits USPS from entering into any contract or agreement to sell or relocate a historic postal facility until the proposed decision to sell or relocate is reviewed in accordance with requirements of the National Historic Preservation Act. Requires USPS to use the Historic Surplus Property Program to dispose of a historic postal facility that has been determined by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places to be of national significance. Requires: (1) the Postmaster General to maintain a list of historic postal facilities and to publish such list on the USPS website, (2) the Postmaster General to maintain a separate preservation budget for such facilities, and (3) the USPS Federal Preservation Officer to notify the National Museum of American Art when New Deal art (art located at a postal facility that was commissioned by the federal government between 1933 and 1937) owned by USPS is loaned or relocated. Requires the Postmaster General to develop a model covenant to be used and applied to any historic postal facility offered for sale that: (1) requires the purchaser of such a facility to allow public access to any historic artwork located within such facility, (2) requires USPS to contribute sufficient funds to the maintenance of such artwork, and (3) prohibits the purchaser of the historic postal facility from demolishing or altering it in any way that is incompatible with its historic character. Nullifies the proposed rule published by USPS in the Federal Register on January 13, 2014, relating to a categorical exclusion under the National Environmental Policy Act for disposal of USPS facilities. | {"src": "billsum_train", "title": "Postal Facilities Preservation and Sales Reform Act"} | 2,307 | 483 | 0.561509 | 1.811468 | 0.750449 | 3.85567 | 5.502577 | 0.886598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Self-Sufficiency Act of
2009''.
SEC. 2. ADMINISTRATIVE FEES FOR FAMILY SELF-SUFFICIENCY PROGRAM COSTS.
Subsection (h) of section 23 of the United States Housing Act of
1937 (42 U.S.C. 1437u(h)) is amended by striking paragraph (1) and
inserting the following new paragraph:
``(1) Section 8 fees.--
``(A) In general.--The Secretary shall establish a
fee under section 8(q) for the costs incurred in
administering the self-sufficiency program under this
section to assist families receiving voucher assistance
through section 8(o).
``(B) Eligibility for fee.--The fee shall provide
funding for family self-sufficiency coordinators as
follows:
``(i) Base fee.--A public housing agency
serving 25 or more participants in the family
self-sufficiency program under this section
shall receive a fee equal to the costs of
employing one full-time family self-sufficiency
coordinator. An agency serving fewer than 25
such participants shall receive a prorated fee.
``(ii) Additional fee.--An agency that
meets minimum performance standards shall
receive an additional fee sufficient to cover
the costs of employing a second family self-
sufficiency coordinator if the agency has 75 or
more participating families, and a third such
coordinator if it has 125 or more participating
families.
``(iii) Previously funded agencies.--An
agency that received funding from the
Department of Housing and Urban Development for
more than three such coordinators in any of
fiscal years 1999 through 2008 shall receive
funding for the highest number of coordinators
funded in a single fiscal year during that
period, provided they meet applicable size and
performance standards.
``(iv) Initial year.--For the first year in
which a public housing agency exercises its
right to develop an family self-sufficiency
program for its residents, it shall be entitled
to funding to cover the costs of up to one
family self-sufficiency coordinator, based on
the size specified in its action plan for such
program.
``(v) State and regional agencies.--For
purposes of calculating the family self-
sufficiency portion of the administrative fee
under this subparagraph, each administratively
distinct part of a State or regional public
housing agency shall be treated as a separate
agency.
``(vi) Determination of number of
coordinators.--In determining whether a public
housing agency meets a specific threshold for
funding pursuant to this paragraph, the number
of participants being served by the agency in
its family self-sufficiency program shall be
considered to be the average number of families
enrolled in such agency's program during the
course of the most recent fiscal year for which
the Department of Housing and Urban Development
has data.
``(C) Proration.--If insufficient funds are
available in any fiscal year to fund all of the
coordinators authorized under this section, the first
priority shall be given to funding one coordinator at
each agency with an existing family self-sufficiency
program. The remaining funds shall be prorated based on
the number of remaining coordinators to which each
agency is entitled under this subparagraph.
``(D) Recapture.--Any fees allocated under this
subparagraph by the Secretary in a fiscal year that
have not been spent by the end of the subsequent fiscal
year shall be recaptured by the Secretary and shall be
available for providing additional fees pursuant to
subparagraph (B)(ii).
``(E) Performance standards.--Within six months
after the date of the enactment of this paragraph, the
Secretary shall publish a proposed rule specifying the
performance standards applicable to funding under
clauses (ii) and (iii) of subparagraph (B). Such
standards shall include requirements applicable to the
leveraging of in-kind services and other resources to
support the goals of the family self-sufficiency
program.
``(F) Data collection.--Public housing agencies
receiving funding under this paragraph shall collect
and report to the Secretary, in such manner as the
Secretary shall require, information on the performance
of their family self-sufficiency programs.
``(G) Evaluation.--The Secretary shall conduct a
formal and scientific evaluation of the effectiveness
of well-run family self-sufficiency programs, using
random assignment of participants to the extent
practicable. Not later than the expiration of the 4-
year period beginning upon the enactment of this
paragraph, the Secretary shall submit an interim
evaluation report to the Congress. Not later than the
expiration of the 8-year period beginning upon such
enactment, the Secretary shall submit a final
evaluation report to the Congress. There is authorized
to be appropriated $10,000,000 to carry out the
evaluation under this subparagraph.
``(H) Incentives for innovation and high
performance.--The Secretary may reserve up to 10
percent of the amounts made available for
administrative fees under this paragraph to provide
support to or reward family self-sufficiency programs
that are particularly innovative or highly successful
in achieving the goals of the program.''.
Passed the House of Representatives April 29, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Family Self-Sufficiency Act of 2009 - Amends the United States Housing Act of 1937 to revise requirements for the administrative fee payable to public housing agencies to cover the costs of administering family self-sufficiency programs in connection with the housing choice voucher program of the Department of Housing and Urban Development.
Prescribes: (1) a base fee for a public housing agency serving 25 or more program participants equal to the costs of employing one full-time family self-sufficiency coordinator (prorated for an agency serving fewer than 25 such participants); and (2) an additional fee for an agency meeting minimum performance standards to cover the costs of employing a second coordinator if the agency has 75 or more participating families, and a third coordinator if it has 125 or more participating families.
Permits the Secretary to reserve certain amounts to provide support to or reward family self-sufficiency programs that are particularly innovative or highly successful in achieving program goals. | {"src": "billsum_train", "title": "To provide for payment of an administrative fee to public housing agencies to cover the costs of administering family self-sufficiency programs in connection with the housing choice voucher program of the Department of Housing and Urban Development."} | 1,183 | 209 | 0.755367 | 2.167002 | 0.799396 | 4.243094 | 5.828729 | 0.939227 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children and Media Research
Advancement Act'' or the ``CAMRA Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to enable the Centers for Disease
Control and Prevention to--
(1) examine the role and positive and negative impact of
electronic media in children's and adolescents' cognitive,
social, emotional, physical, and behavioral development; and
(2) provide for a report to Congress containing the
empirical evidence and other results produced by the research
funded through grants under this Act.
SEC. 3. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE
DEVELOPMENT OF CHILDREN AND ADOLESCENTS.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended--
(1) by redesignating the second section 399O (relating to
grants to foster public health responses to domestic violence,
dating violence, sexual assault, and stalking) as section 399P;
and
(2) by adding at the end the following:
``SEC. 399Q. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE
DEVELOPMENT OF CHILDREN AND ADOLESCENTS.
``(a) In General.--Subject to the availability of appropriations,
the Secretary, acting through the Director of the Centers for Disease
Control and Prevention (referred to in this section as the `Director'),
shall enter into a contract with the National Academy of Science or
another appropriate entity to review, synthesize, and report on
research, and establish research priorities, regarding the roles and
impact of electronic media (including television, motion pictures,
DVD's, interactive video games, digital music, the Internet, and cell
phones) and exposures to such media on youth in the following core
areas of development:
``(1) Cognitive.--Cognitive areas such as language
development, attention span, problem solving skills (such as
the ability to conduct multiple tasks or `multitask'), visual
and spatial skills, reading, and other learning abilities.
``(2) Physical.--Physical areas such as physical
coordination, diet, exercise, sleeping and eating routines.
``(3) Socio-behavioral.--Socio-behavioral areas such as
family activities and peer relationships including indoor and
outdoor play time, interactions with parents, consumption
habits, social relationships, aggression, and positive social
behavior.
``(b) Research Program.--
``(1) In general.--Taking into account the report provided
for under subsection (a), the Secretary, acting through the
Director and in coordination with the Director of the National
Institutes of Health, shall, subject to the availability of
appropriations, award grants for research concerning the role
and impact of electronic media on the cognitive, physical, and
socio-behavioral development of youth.
``(2) Requirements.--The research provided for under
paragraph (1) shall comply with the following requirements:
``(A) Such research shall focus on the impact of
factors such as media content (whether direct or
indirect), format, length of exposure, age of youth,
venue, and nature of parental involvement.
``(B) Such research shall not duplicate other
Federal research activities.
``(C) For purposes of such research, electronic
media shall include television, motion pictures, DVD's,
interactive video games, digital music, the Internet,
and cell phones.
``(3) Eligible entities.--To be eligible to receive a grant
under this subsection, an entity shall--
``(A) prepare and submit to the Director an
application at such time, in such manner, and
containing such information as the Director shall
require; and
``(B) agree to use amounts received under the grant
to carry out activities as described in this
subsection.
``(c) Reports.--
``(1) Report to the director.--Not later than 15 months
after the date of the enactment of this section, the report
provided for under subsection (a) shall be submitted to the
Director and to the appropriate committees of Congress.
``(2) Report to congress.--Not later than December 31,
2012, the Secretary, acting through the Director, shall prepare
and submit to the appropriate committees of Congress a report
that--
``(A) synthesizes the results of--
``(i) research carried out under the grant
program under subsection (b); and
``(ii) other related research, including
research conducted by the private or public
sector and other Federal entities; and
``(B) outlines existing research gaps in light of
the information described in subparagraph (A).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2007 through 2012.''.
Passed the Senate September 13, 2006.
Attest:
EMILY J. REYNOLDS,
Secretary. | Children and Media Research Advancement Act or the CAMRA Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enter into a contract with the National Academy of Science or another appropriate entity to: (1) review, synthesize, and report on research regarding the roles and impact of electronic media and exposures to such media on youth in core areas of development; and (2) establish research priorities regarding such issues.
Directs the Secretary, acting through the Director, to award grants for research concerning the role and impact of electronic media on the cognitive, physical, and socio-behavioral development of youth. Requires such research to: (1) focus on the impact of factors such as media content, format, length of exposure, age of youth, venue, and nature of parental involvement; and (2) include as electronic media television, motion pictures, DVDs, interactive video games, digital music, the Internet, and cell phones.
Sets forth reporting requirements.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to authorize funding for the establishment of a program on children and the media within the Centers for Disease Control and Prevention to study the role and impact of electronic media in the development of children."} | 1,111 | 229 | 0.692927 | 2.127014 | 1.053611 | 5.944444 | 4.777778 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Life Care Act''.
SEC. 2. LIFE CARE: PUBLIC INSURANCE PROGRAM FOR NURSING HOME CARE.
(a) In General.--The Public Health Service Act (42 U.S.C. 201 et
seq.) is amended--
(1) by redesignating title XXVII (42 U.S.C. 300cc et seq.)
as title XXVIII; and
(2) by inserting after title XXVI the following new title:
``TITLE XXVII--LIFE CARE: PUBLIC INSURANCE PROGRAM FOR NURSING HOME
CARE
``SEC. 2701. ESTABLISHMENT OF VOLUNTARY LONG-TERM CARE INSURANCE
PROGRAM.
``The Secretary shall establish a voluntary insurance program for
individuals 45 years of age and over to cover the nursing home stays of
such individuals.
``SEC. 2702. BENEFITS.
``(a) In General.--Subject to subsection (c), an individual who
meets the eligibility criteria prescribed in section 2703 shall be
eligible under the program established under this title for coverage
for necessary services described in subsection (b) (in the amounts
described in subsection (c)) that are provided to the individual by a
nursing facility while the individual is an inpatient of the facility.
``(b) Types.--Coverage may be provided under this title for--
``(1) nursing care provided by or under the supervision of
a registered professional nurse;
``(2) physical, occupational, or speech therapy furnished
by a facility or by others under arrangements with a facility;
``(3) medical social services;
``(4) drug, biological, supply, appliance, and equipment
for use in the facility, that is ordinarily furnished by the
facility for the care and treatment of an inpatient;
``(5) medical service of an intern or resident-in-training
under an approved teaching program of a hospital with which a
facility has in effect a transfer agreement or other diagnostic
or therapeutic service provided by a hospital with which a
facility has in effect a transfer agreement; and
``(6) such other health services necessary to the health of
a patient as are generally provided by a nursing home facility.
``(c) Coverage Amount.--
``(1) In general.--The amount of coverage provided with
respect to an eligible individual for the services described in
subsection (b) shall, based on an election made by the
individual, not exceed $30,000, $60,000, or $90,000 over the
lifetime of the eligible individual. Such amounts shall be
adjusted by the Secretary to reflect increases in the Consumer
Price Index.
``(2) Asset protection.--An eligible individual shall be
entitled to the asset protection provided under section 2708.
``(d) Payment.--Amounts provided under this title with respect to
an eligible individual for the services described in subsection (b)
shall be paid from the general fund of the Treasury of the United
States.
``SEC. 2703. ELIGIBILITY.
``(a) In General.--An individual shall be eligible for benefits
under this title if--
``(1) the individual--
``(A) is a legal resident of the United States and
has elected coverage under subsection (c);
``(B) has been determined by a Screening Agency
through a screening process (conducted in accordance
with section 2707)--
``(i)(I) to require hands-on or standby
assistance, supervision, or cueing (as defined
in regulations) to perform three or more
activities of daily living;
``(II) to require hands-on or standby
assistance, supervision, or cueing with at
least such instrumental activity (or
activities) of daily living related to
cognitive or mental impairment as the Secretary
specifies; or
``(III) to display symptoms of one or more
serious behavioral problems (that is on a list
of such problems specified by the Secretary)
which create a need for supervision to prevent
harm to self or others; and
``(ii) to require such assistance,
supervision, or cueing over a period of at
least 100 days; and
``(C) has achieved a score, on a standard mental
status protocol (or protocols) appropriate for
measuring the individual's particular condition
specified by the Secretary, that indicates either
severe cognitive impairment or severe mental
impairment, or both.
``(2)(A) the individual has filed an application for such
benefits, and is in need of, benefits covered under this title;
``(B) the legal guardian of the individual has filed an
application on behalf of an individual who is in need of
benefits covered under this title; or
``(C) the representative of an individual who is
cognitively impaired and who is in need of benefits covered
under this title has filed an application on behalf of the
individual; and
``(3) receiving nursing home services in a nursing facility
would be in the best interest of the individual.
``(b) Current Individuals.--An individual who is in a hospital or
nursing home on the date of the enrollment of the individual in the
program established under this title shall be ineligible for coverage
under this section until the individual's first spell of illness
beginning after such date.
``(c) Election of Coverage.--
``(1) In general.--Subject to this subsection, an
individual shall have the option to purchase coverage under
this title when the individual is 35 years of age, 45 years of
age, 55 years of age, or 65 years of age.
``(2) Initial year.--During the 1-year period beginning on
the date of enactment of this title, an individual who is 45
years of age or older shall be eligible to purchase insurance
under this title, except that such an individual shall not be
eligible to purchase such insurance--
``(A) while confined to a hospital or nursing home;
``(B) within the 6-month period after the
individuals confinement in a nursing home; or
``(C) within the 90-day period after the
individuals confinement in a hospital.
Individuals described in the matter preceding subparagraph (A)
shall become eligible to receive benefits under this title on
the expiration of the 3-year period beginning on the date such
individuals purchase insurance under this title.
``(3) Extension beyond initial year.--If an individual is
confined to a nursing home or hospital during a period that
extends beyond the first year after the effective date of this
title, an individual shall be eligible to enroll in the program
established by this title during the 60-day period beginning
after the individual's spell of illness.
``(4) Subsequent years.--During years subsequent to the 1-
year period referred to in paragraph (2), an individual shall
be eligible to purchase insurance under this title within 6
months of the 45th, 55th or 65th birthday of the individual.
``(5) Activation of benefits.--To receive coverage under
the insurance program established by this title, an individual
shall have purchased such coverage not later than 1 month prior
to admission to a nursing facility, unless the reason for the
need of services is a result of an accident or stroke
subsequent to the date that such individual enrolled for
coverage under this title.
``SEC. 2704. PREMIUM RATES.
``(a) In General.--The Secretary shall determine one premium rate
for individuals electing to purchase coverage under this title at age
45 (or between the ages of 45 and 54 during the initial enrollment
period), a separate rate for those individuals who elect such coverage
at age 55 (or between that ages of 55 and 64 during the initial
enrollment period), and a separate rate for those individuals who elect
such coverage at age 65 (or at age 65 and over during the initial
enrollment period).
``(b) Revision.--The Secretary shall revise premium rates annually
to increase such rates to reflect the amount of the increase in the
cost of living adjustment with respect to benefits under title II of
the Social Security Act.
``(c) Rates.--In developing premium rates under the program
established under this title, the Secretary shall establish rates that
are expected to cover 100 percent of the estimated costs of nursing
home stays for those individuals enrolled in the program.
``(d) Waiver.--An individual electing to purchase coverage under
this title shall not be required to pay premiums during any period in
which such individual is receiving benefits under this title.
``(e) Payment.--Premiums shall be paid under this section into the
general fund of the Treasury of the United States.
``SEC. 2705. QUALIFIED SERVICE PROVIDERS.
``(a) In General.--To be considered as a covered nursing home
service under this title, such service must have been provided by a
qualified service provider.
``(b) Types.--A provider shall be considered a qualified service
provider under this title if the provider is a nursing facility that is
certified by the State and meets the requirements of this title and any
other standards established by the Secretary by regulation for the safe
and efficient provision of services covered under this title.
``SEC. 2706. REIMBURSEMENT.
``(a) Amount.--Monthly reimbursement for nursing facility services
under this title shall equal 65 percent of the amount the Secretary
determines to be reasonable and appropriate to cover the cost of care
provided under this title, taking into account the average cost of
providing appropriate care in the most efficient manner.
``(b) Prospective Payment.--To the extent feasible, the Secretary
shall establish a prospective payment mechanism for payment for nursing
home services under this title that takes into account the expected
resource utilization of individual patients based on their degree of
disability and other factors determining service requirements.
``(c) Room and Board Payment.--An individual receiving benefits
under this program shall be responsible for the payment of an amount
for room and board that is equal to--
``(1) with respect to the initial 6 months of confinement
to a nursing facility, 20 percent of the average per diem rate
paid by the Secretary to nursing facilities receiving
reimbursement under this title; and
``(2) with respect to subsequent periods of confinement, 35
percent of the average per diem rate paid by the Secretary to
nursing facilities receiving reimbursement under this title.
``(d) Priority Payers.--Notwithstanding any other provision of this
title, reimbursement for nursing facility services provided under this
title to an individual shall, to the extent available, be made under
the Medicare program, under Department of Veterans Affairs' programs,
or under private insurance policies prior to reimbursement under this
title.
``SEC. 2707. LONG-TERM CARE SCREENING AGENCY.
``(a) Establishment.--The Secretary shall contract with entities to
act as Long-Term Care Screening Agencies (hereafter referred to in this
title as the `Screening Agency') for each designated area of a State.
It shall be the responsibility of such agency to assess the eligibility
of individuals residing in the geographic jurisdiction of the Agency,
for services provided under this title according to the requirements of
this title and regulations prescribed by the Secretary. In entering
into such contracts, the Secretary shall give preference to State
governmental entities.
``(b) Eligibility.--The Screening Agency shall determine the
eligibility of an individual under this title based on the results of a
preliminary telephone interview or written questionnaire (completed by
the applicant, by the caregiver of the applicant, or by the legal
guardian or representative of the applicant) that shall be validated
through the use of a screening tool administered in person to each
applicant determined eligible through initial telephone or written
questionnaire interviews not later than 15 days from the date on which
such individual initially applied for services under this title.
``(c) Questionnaires and Screening Tools.--
``(1) In general.--The Secretary shall establish a
telephone or written questionnaire and a screening tool to be
used by the Screening Agency to determine the eligibility of an
individual for services under this title consistent with
requirements of this title and the standards established by the
Secretary by regulation.
``(2) Questionnaires.--The questionnaire shall include
questions about the functional impairment, mental status, and
living arrangement of an individual and other criteria that the
Secretary shall prescribe by regulation.
``(3) Screening tools.--The screening tool should measure
functional impairment caused by physical or cognitive
conditions as well as information concerning cognition
disability, behavioral problems (such as wandering or abusive
and aggressive behavior), the living arrangement of an
individual, availability of caregivers, and any other criteria
that the Secretary shall prescribe by regulation. The screening
tool shall be administered in person.
``(d) Notification.--Not later than 15 days after the date on which
an individual initially applied for services under this title (by
telephone or written questionnaire), the Screening Agency shall notify
such individual that such individual is not eligible for benefits, or
that such individuals must schedule an in-person screening to determine
final eligibility for benefits under this title. The Screening Agency
shall notify such individual of its final decision not later than 2
working days after the in-person screening.
``(e) In-Person Screening.--An individual (or the legal guardian or
representative of such individual) whose application for benefits under
this title is denied on the basis of information provided through a
telephone or written questionnaire, shall be notified of such
individual's right to an in-person screening by a nurse or appropriate
health care professionals.
``(f) Appeals.--The Secretary shall establish a mechanism for
hearings and appeals in cases in which individuals contest the
eligibility findings of the Screening Agency.
``SEC. 2708. RELATION TO TITLE XIX OF THE SOCIAL SECURITY ACT; ASSET
PROTECTION.
``Notwithstanding any other provision of law, the assets an
eligible individual may retain and continue to be determined eligible
for nursing facility benefits under State Medicaid programs (in
accordance with section 1902(a)(10)) shall be increased by the amount
of coverage ($30,000, $60,000, or $90,000) elected under section 2702.
``SEC. 2709. RELATION TO PRIVATE INSURANCE.
``(a) In General.--Except as provided in subsection (b), an insurer
may not offer a health insurance policy to an individual covered under
this title if the coverage under such policy duplicates the coverage
provided under this title.
``(b) Development of Standard Packages.--The Secretary shall
develop standard health insurance benefits packages that insurers may
offer to individuals receiving benefits under this title. Such packages
shall provide coverage for benefits that compliment, but do not
duplicate, those covered under this title.
``SEC. 2710. DEFINITIONS.
``As used in this title:
``(1) Activity of daily living.--The term `activity of
daily living' includes:
``(A) Bathing.--Getting water and cleansing the
whole body, including turning on the water for a bath,
shower, or sponge bath, getting to, in, and out of a
tub or shower, and washing and drying oneself;
``(B) Dressing.--Getting clothes from closets and
drawers and then getting dressed, including putting on
braces or other devices and fastening buttons, zippers,
snaps, or other closures, selecting appropriate attire,
and dressing in the proper order;
``(C) Toileting.--Going to a bathroom for bowel and
bladder function, transferring on and off the toilet,
cleaning after elimination, and arranging clothes;
``(D) Transferring.--Moving in and out of bed and
in and out of a chair or wheelchair; or
``(E) Eating.--Transferring food from a plate or
its equivalent into the body, including cutting food so
as to make possible safe ingestion.
``(2) Nursing facility.--The term `nursing facility'
means--
``(A) a skilled nursing facility (as defined in
section 1819(a) of the Social Security Act); or
``(B) a facility that is a nursing facility (as
defined in section 1919(a) of such Act) which meets the
requirements of section 1819(b)(4)(C) of such Act
(relating to nursing care).
``(3) Spell of illness.--The term `spell of illness' means
a period of consecutive days beginning with the first day on
which an individual is furnished services as an inpatient in a
hospital or nursing facility and ending with the close of the
first 6 consecutive months thereafter during which the
individual is no longer an inpatient of a nursing facility, or
90 days after the individual is no longer an inpatient in a
hospital.''.
(b) Conforming Amendments.--
(1) Sections 2701 through 2714 of the Public Health Service
Act (42 U.S.C. 300cc through 300cc-15) are redesignated as
sections 2801 through 2814, respectively.
(2) Sections 465(f) and 497 of such Act (42 U.S.C. 286(f)
and 289(f)) are amended by striking out ``2701'' each place
that such appears and inserting in lieu thereof ``2801''. | Life Care Act - Amends the Public Health Service Act to add a new title, title XXVII: Life Care: Public Insurance Program for Nursing Home Care. Directs the Secretary of Health and Human Services, under such new title, to establish a voluntary insurance program for individuals 45 years of age and over to cover the nursing home stays of such individuals. Sets forth provisions of the program concerning: (1) benefits; (2) eligibility; (3) premiums; (4) providers; and (5) reimbursement to nursing homes. Directs the Secretary to contract with entities to act as Long-Term Care Screening Agencies which shall assess the eligibility of individuals for services under the new title. | {"src": "billsum_train", "title": "Life Care Act"} | 3,824 | 143 | 0.566737 | 1.369533 | 0.637225 | 4.014286 | 25.271429 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Fish and Wildlife
Service Resource Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Damages.--The term ``damages'' means--
(A) compensation for--
(i)(I) the cost of replacing, restoring, or
acquiring the equivalent of a system resource;
and
(II) the value of any significant loss of
use of a system resource, pending--
(aa) restoration or replacement of
the system resource; or
(bb) the acquisition of an
equivalent resource; or
(ii) the value of a system resource, if the
system resource cannot be replaced or restored;
and
(B) the cost of any relevant damage assessment
carried out pursuant to section 4(c).
(2) Response cost.--The term ``response cost'' means the
cost of any action carried out by the Secretary--
(A) to prevent, minimize, or abate destruction or
loss of, or injury to, a system resource;
(B) to abate or minimize the imminent risk of such
destruction, loss, or injury; or
(C) to monitor the ongoing effects of any incident
causing such destruction, loss, or injury.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) System resource.--The term ``system resource'' means
any living, nonliving, historical, cultural, or archeological
resource that is located within the boundaries of--
(A) a unit of the National Wildlife Refuge System;
(B) a unit of the National Fish Hatchery System; or
(C) any other land managed by the United States
Fish and Wildlife Service, including any land managed
cooperatively with any other Federal or State agency.
SEC. 3. LIABILITY.
(a) In General.--Subject to subsection (c), any individual or
entity that destroys, causes the loss of, or injures any system
resource, or that causes the Secretary to carry out any action to
prevent, minimize, or abate destruction or loss of, or injuries or risk
to, any system resource, shall be liable to the United States for any
response costs or damages resulting from the destruction, loss, or
injury.
(b) Liability in Rem.--Any instrumentality (including a vessel,
vehicle, aircraft, or other equipment or mechanism) that destroys,
causes the loss of, or injures any system resource, or that causes the
Secretary to carry out any action to prevent, minimize, or abate
destruction or loss of, or injury or risk to, a system resource shall
be liable in rem to the United States for any response costs or damages
resulting from the destruction, loss, or injury, to the same extent
that an individual or entity is liable under subsection (a).
(c) Defenses.--An individual or entity shall not be liable under
this section, if the individual or entity can establish that--
(1) the destruction or loss of, or injury to, the system
resource was caused solely by an act of God or an act of war;
or
(2)(A) the individual or entity exercised due care; and
(B) the destruction or loss of, or injury to, the system
resource was caused solely by an act or omission of a third
party, other than an employee or agent of the individual or
entity.
(d) Scope.--The liability established by this section shall be in
addition to any other liability arising under Federal or State law.
SEC. 4. ACTIONS.
(a) Civil Actions for Response Costs and Damages.--The Attorney
General, on request of the Secretary, may commence a civil action in
the United States district court of appropriate jurisdiction against
any individual, entity, or instrumentality that may be liable under
section 3 for response costs or damages.
(b) Administrative Actions for Response Costs and Damages.--
(1) Action by secretary.--
(A) In general.--Subject to paragraph (2), the
Secretary, after making a finding described in
subparagraph (B), may consider, compromise, and settle
a claim for response costs and damages if the claim has
not been referred to the Attorney General under
subsection (a).
(B) Description of findings.--A finding referred to
in subparagraph (A) is a finding that--
(i) destruction or loss of, or injury to, a
system resource has occurred; or
(ii) such destruction, loss, or injury
would occur absent an action by the Secretary
to prevent, minimize, or abate the destruction,
loss, or injury.
(2) Requirement.--In any case in which the total amount to
be recovered in a civil action under subsection (a) may exceed
$500,000 (excluding interest), a claim may be compromised and
settled under paragraph (1) only with the prior written
approval of the Attorney General.
(c) Response Actions, Assessments of Damages, and Injunctive
Relief.--
(1) In general.--The Secretary may carry out all necessary
actions (including making a request to the Attorney General to
seek injunctive relief)--
(A) to prevent, minimize, or abate destruction or
loss of, or injury to, a system resource; or
(B) to abate or minimize the imminent risk of such
destruction, loss, or injury.
(2) Assessment and monitoring.--
(A) In general.--The Secretary may assess and
monitor the destruction or loss of, or injury to, any
system resource for purposes of paragraph (1).
(B) Judicial review.--Any determination or
assessment of damage to a system resource carried out
under subparagraph (A) shall be subject to judicial
review under subchapter II of chapter 5, and chapter 7,
of title 5, United States Code (commonly known as the
``Administrative Procedure Act''), on the basis of the
administrative record developed by the Secretary.
SEC. 5. USE OF RECOVERED AMOUNTS.
(a) In General.--An amount equal to the total amount of the
response costs and damages recovered by the Secretary under this Act
and any amounts recovered by the Federal Government under any provision
of Federal, State, or local law (including regulations) or otherwise as
a result of the destruction or loss of, or injury to, any system
resource shall be made available to the Secretary, without further
appropriation, for use in accordance with subsection (b).
(b) Use.--The Secretary may use amounts made available under
subsection (a) only, in accordance with applicable law--
(1) to reimburse response costs and damage assessments
carried out pursuant to this Act by the Secretary or such other
Federal agency as the Secretary determines to be appropriate;
(2) to restore, replace, or acquire the equivalent of a
system resource that was destroyed, lost, or injured; or
(3) to monitor and study system resources.
SEC. 6. DONATIONS.
(a) In General.--In addition to any other authority to accept
donations, the Secretary may accept donations of money or services for
expenditure or use to meet expected, immediate, or ongoing response
costs and damages.
(b) Timing.--A donation described in subsection (a) may be expended
or used at any time after acceptance of the donation, without further
action by Congress.
SEC. 7. TRANSFER OF FUNDS FROM NATURAL RESOURCE DAMAGE ASSESSMENT AND
RESTORATION FUND.
The matter under the heading ``Natural resource damage assessment
and restoration fund'' under the heading ``United states fish and
wildlife service'' of title I of the Department of the Interior and
Related Agencies Appropriations Act, 1994 (43 U.S.C. 1474b-1), is
amended by striking ``Provided, That'' and all that follows through
``activities.'' and inserting the following: ``Provided, That
notwithstanding any other provision of law, any amounts appropriated or
credited during fiscal year 1992 or any fiscal year thereafter may be
transferred to any account (including through a payment to any Federal
or non-Federal trustee) to carry out a negotiated legal settlement or
other legal action for a restoration activity under the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), the Act
of July 27, 1990 (16 U.S.C. 19jj et seq.), or the United States Fish
and Wildlife Service Resource Protection Act, or for any damage
assessment activity: Provided further, That sums provided by any
individual or entity before or after the date of enactment of this Act
shall remain available until expended and shall not be limited to
monetary payments, but may include stocks, bonds, or other personal or
real property, which may be retained, liquidated, or otherwise disposed
of by the Secretary for the restoration of injured resources or to
conduct any new damage assessment activity.''. | United States Fish and Wildlife Service Resource Protection Act This bill authorizes the U.S. Fish and Wildlife Service (USFWS) to seek compensation from individuals or entities for costs or damages for destroying, causing the loss of, or injuring any living, nonliving, historical, cultural, or archaeological resource on land managed by the USFWS, or for causing the USFWS to carry out actions to prevent, minimize, or abate such destruction, loss, or injury. Amounts recovered as a result of such destruction, loss, or injury must be made available to USFWS to: (1) reimburse response costs and damage assessments; (2) restore, replace, or acquire the equivalent of a resource that was destroyed, lost, or injured; or (3) monitor and study those resources. | {"src": "billsum_train", "title": "United States Fish and Wildlife Service Resource Protection Act"} | 2,021 | 167 | 0.614972 | 1.762003 | 0.798372 | 4.913333 | 12.36 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biodiesel Promotion Act of 2003''.
SEC. 2. INCENTIVES FOR BIODIESEL.
(a) Credit for Biodiesel Used as a Fuel.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
business related credits) is amended by inserting after section
40 the following new section:
``SEC. 40A. BIODIESEL USED AS FUEL.
``(a) General Rule.--For purposes of section 38, the biodiesel
fuels credit determined under this section for the taxable year is an
amount equal to the biodiesel mixture credit.
``(b) Definition of Biodiesel Mixture Credit.--For purposes of this
section--
``(1) Biodiesel mixture credit.--
``(A) In general.--The biodiesel mixture credit of
any taxpayer for any taxable year is the sum of the
products of the biodiesel mixture rate for each
qualified biodiesel mixture and the number of gallons
of such mixture of the taxpayer for the taxable year.
``(B) Biodiesel mixture rate.--For purposes of
subparagraph (A), the biodiesel mixture rate for each
qualified biodiesel mixture shall be--
``(i) in the case of a mixture with only
biodiesel V, 1 cent for each whole percentage
point (not exceeding 20 percentage points) of
biodiesel V in such mixture, and
``(ii) in the case of a mixture with
biodiesel NV, or a combination of biodiesel V
and biodiesel NV, 0.5 cent for each whole
percentage point (not exceeding 20 percentage
points) of such biodiesel in such mixture.
``(2) Qualified biodiesel mixture.--
``(A) In general.--The term `qualified biodiesel
mixture' means a mixture of diesel and biodiesel V or
biodiesel NV which--
``(i) is sold by the taxpayer producing
such mixture to any person for use as a fuel,
or
``(ii) is used as a fuel by the taxpayer
producing such mixture.
``(B) Sale or use must be in trade or business,
etc.--
``(i) In general.--Biodiesel V or biodiesel
NV used in the production of a qualified
biodiesel mixture shall be taken into account--
``(I) only if the sale or use
described in subparagraph (A) is in a
trade or business of the taxpayer, and
``(II) for the taxable year in
which such sale or use occurs.
``(ii) Certification for biodiesel v.--
Biodiesel V used in the production of a
qualified biodiesel mixture shall be taken into
account only if the taxpayer described in
subparagraph (A) obtains a certification from
the producer of the biodiesel V which
identifies the product produced.
``(C) Casual off-farm production not eligible.--No
credit shall be allowed under this section with respect
to any casual off-farm production of a qualified
biodiesel mixture.
``(c) Coordination With Exemption From Excise Tax.--The amount of
the credit determined under this section with respect to any biodiesel
V shall, under regulations prescribed by the Secretary, be properly
reduced to take into account any benefit provided with respect to such
biodiesel V solely by reason of the application of section 4041(n) or
section 4081(f).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Biodiesel v defined.--The term `biodiesel V' means
the monoalkyl esters of long chain fatty acids derived solely
from virgin vegetable oils for use in compressional-ignition
(diesel) engines. Such term shall include esters derived from
vegetable oils from corn, soybeans, sunflower seeds,
cottonseeds, canola, crambe, rapeseeds, safflowers, flaxseeds,
rice bran, and mustard seeds.
``(2) Biodiesel nv defined.--The term `biodiesel NV' means
the monoalkyl esters of long chain fatty acids derived from
nonvirgin vegetable oils or animal fats for use in
compressional-ignition (diesel) engines.
``(3) Registration requirements.--The terms `biodiesel V'
and `biodiesel NV' shall only include a biodiesel which meets--
``(i) the registration requirements for
fuels and fuel additives established by the
Environmental Protection Agency under section
211 of the Clean Air Act (42 U.S.C. 7545), and
``(ii) the requirements of the American
Society of Testing and Materials D6751.
``(4) Biodiesel mixture not used as a fuel, etc.--
``(A) Imposition of tax.--If--
``(i) any credit was determined under this
section with respect to biodiesel V or
biodiesel NV used in the production of any
qualified biodiesel mixture, and
``(ii) any person--
``(I) separates such biodiesel from
the mixture, or
``(II) without separation, uses the
mixture other than as a fuel,
then there is hereby imposed on such person a
tax equal to the product of the biodiesel
mixture rate applicable under subsection
(b)(1)(B) and the number of gallons of the
mixture.
``(B) Applicable laws.--All provisions of law,
including penalties, shall, insofar as applicable and
not inconsistent with this section, apply in respect of
any tax imposed under subparagraph (A) as if such tax
were imposed by section 4081 and not by this chapter.
``(5) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(e) Election To Have Biodiesel Fuels Credit Not Apply.--
``(1) In general.--A taxpayer may elect to have this
section not apply for any taxable year.
``(2) Time for making election.--An election under
paragraph (1) for any taxable year may be made (or revoked) at
any time before the expiration of the 3-year period beginning
on the last date prescribed by law for filing the return for
such taxable year (determined without regard to extensions).
``(3) Manner of making election.--An election under
paragraph (1) (or revocation thereof) shall be made in such
manner as the Secretary may by regulations prescribe.
``(f) Termination.--This section shall not apply to any fuel sold
after December 31, 2005.''.
(2) Credit treated as part of general business credit.--
Section 38(b) of the Internal Revenue Code of 1986 is amended
by striking ``plus'' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(16) the biodiesel fuels credit determined under section
40A(a).''.
(3) Conforming amendments.--
(A) Section 39(d) of the Internal Revenue Code of
1986 is amended by adding at the end the following new
paragraph:
``(11) No carryback of biodiesel fuels credit before
january 1, 2003.--No portion of the unused business credit for
any taxable year which is attributable to the biodiesel fuels
credit determined under section 40A may be carried back to a
taxable year beginning before January 1, 2003.''.
(B) Section 196(c) of such Code is amended by
striking ``and'' at the end of paragraph (9), by
striking the period at the end of paragraph (10), and
by adding at the end the following new paragraph:
``(11) the biodiesel fuels credit determined under section
40A(a).''.
(C) Section 6501(m) of such Code is amended by
inserting ``40A(e),'' after ``40(f),''.
(D) The table of sections for subpart D of part IV
of subchapter A of chapter 1 of such Code is amended by
adding after the item relating to section 40 the
following new item:
``Sec. 40A. Biodiesel used as fuel.''.
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2002.
(b) Reduction of Motor Fuel Excise Taxes on Biodiesel V Mixtures.--
(1) In general.--Section 4081 of the Internal Revenue Code
of 1986 (relating to manufacturers tax on petroleum products)
is amended by adding at the end the following new subsection:
``(f) Biodiesel V Mixtures.--Under regulations prescribed by the
Secretary--
``(1) In general.--In the case of the removal or entry of a
qualified biodiesel mixture with biodiesel V, the rate of tax
under subsection (a) shall be the otherwise applicable rate
reduced by the biodiesel mixture rate (if any) applicable to
the mixture.
``(2) Tax prior to mixing.--
``(A) In general.--In the case of the removal or
entry of diesel fuel for use in producing at the time
of such removal or entry a qualified biodiesel mixture
with biodiesel V, the rate of tax under subsection (a)
shall be the rate determined under subparagraph (B).
``(B) Determination of rate.--For purposes of
subparagraph (A), the rate determined under this
subparagraph is the rate determined under paragraph
(1), divided by a percentage equal to 100 percent minus
the percentage of biodiesel V which will be in the
mixture.
``(3) Definitions.--For purposes of this subsection, any
term used in this subsection which is also used in section 40A
shall have the meaning given such term by section 40A.
``(4) Certain rules to apply.--Rules similar to the rules
of paragraphs (6) and (7) of subsection (c) shall apply for
purposes of this subsection.''.
(2) Conforming amendments.--
(A) Section 4041 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subsection:
``(n) Biodiesel V Mixtures.--Under regulations prescribed by the
Secretary, in the case of the sale or use of a qualified biodiesel
mixture (as defined in section 40A(b)(2)) with biodiesel V, the rates
under paragraphs (1) and (2) of subsection (a) shall be the otherwise
applicable rates, reduced by any applicable biodiesel mixture rate (as
defined in section 40A(b)(1)(B)).''.
(B) Section 6427 of such Code is amended by
redesignating subsection (p) as subsection (q) and by
inserting after subsection (o) the following new
subsection:
``(p) Biodiesel V Mixtures.--Except as provided in subsection (k),
if any diesel fuel on which tax was imposed by section 4081 at a rate
not determined under section 4081(f) is used by any person in producing
a qualified biodiesel mixture (as defined in section 40A(b)(2)) with
biodiesel V which is sold or used in such person's trade or business,
the Secretary shall pay (without interest) to such person an amount
equal to the per gallon applicable biodiesel mixture rate (as defined
in section 40A(b)(1)(B)) with respect to such fuel.''.
(3) Effective date.--The amendments made by this subsection
shall apply to any fuel sold after December 31, 2002, and
before January 1, 2006.
(c) Highway Trust Fund Held Harmless.--There are hereby transferred
(from time to time) from the funds of the Commodity Credit Corporation
amounts determined by the Secretary of the Treasury to be equivalent to
the reductions that would occur (but for this subsection) in the
receipts of the Highway Trust Fund by reason of the amendments made by
this section. | Biodiesel Promotion Act of 2003 - Amends the Internal Revenue Code to establish a biodiesel fuels credit. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a credit for biodiesel fuel."} | 2,835 | 30 | 0.578812 | 1.205351 | 0.119478 | 2.888889 | 132.666667 | 0.888889 |
SECTION 1. HOLOCAUST EDUCATIONAL PROGRAM.
Part D of title V of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the
following new subpart:
``Subpart 22--Holocaust Education Assistance Program
``SEC. 5631. SHORT TITLE.
``This subpart may be cited as the `Simon Wiesenthal Holocaust
Education Assistance Act'.
``SEC. 5632. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds the following:
``(1) The Holocaust was a historical event that resulted in
the systemic, state-sponsored, mass murders by Nazi Germany of
6,000,000 Jews, along with millions of others, in the name of
racial purity.
``(2) Six States (California, Florida, Illinois, Indiana,
New Jersey, and New York) now mandate that the Holocaust be
taught in the educational curriculum, and 11 States (Alabama,
Connecticut, Georgia, Mississippi, Missouri, Nevada, North
Carolina, South Carolina, Tennessee, Washington, and West
Virginia) recommend teaching the Holocaust but the funds
necessary to carry out those recommendations may not be
available.
``(3) The Holocaust is a sensitive and difficult subject to
teach effectively, and educators need appropriate teaching
tools and training to increase their knowledge of the Holocaust
and enhance the educational experience.
``(b) Statement of Purpose.--It is the purpose of this subpart--
``(1) to educate students in the United States so that
they--
``(A) may explore the lessons that the Holocaust
provides for all people; and
``(B) may be less susceptible to the falsehood of
Holocaust denial and to the destructive messages of
hate that arise from Holocaust denial; and
``(2) to provide resources and support for educational
programs that--
``(A) portray accurate historical information about
the Holocaust;
``(B) sensitize communities to the circumstances
that gave rise to the Holocaust;
``(C) convey the lessons that the Holocaust
provides for all people; and
``(D) develop curriculum guides and provide
training to help teachers incorporate the study of the
Holocaust and its lessons into mainstream disciplines.
``SEC. 5633. PROGRAM AUTHORIZED.
``The Secretary is authorized to award grants to educational
organizations to carry out proposed or existing Holocaust educational
programs.
``SEC. 5634. APPLICATION.
``The Secretary may award a grant under this subpart only to an
educational organization that has submitted an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
``SEC. 5635. USE OF GRANTS.
``(a) In General.--An educational organization receiving a grant
under this subpart may use the grant only to carry out the Holocaust
education program for which the grant was provided.
``(b) Requirements.--An educational organization receiving a grant
under this subpart shall comply with the following requirements:
``(1) Continuation of eligibility.--The educational
organization shall, throughout the period that the educational
organization receives and uses the grant, continue to be an
educational organization.
``(2) Supplementation of existing funds.--The educational
organization shall ensure that the grant is used to supplement,
and not supplant, non-Federal funds that would otherwise be
available to the educational organization to carry out the
Holocaust education program for which the grant was provided.
``(c) Additional Conditions.--The Secretary may require additional
terms and conditions in connection with the use of grants provided
under this subpart as the Secretary considers appropriate.
``(d) Cooperative Arrangements.--The Secretary should encourage
educational organizations to work cooperatively with State educational
agencies or local educational agencies in applying for and using grants
under this subpart.
``SEC. 5636. SELECTION CRITERIA.
``(a) In General.--The Secretary shall award grants under this
subpart in accordance with competitive criteria to be established by
the Secretary.
``(b) Consultation With Holocaust Educators.--In establishing the
competitive criteria under subsection (a), the Secretary shall consult
with a number of prominent educators in the field of Holocaust
education, to be determined by the Secretary.
``SEC. 5637. REVIEW AND SANCTIONS.
``(a) Annual Review.--The Secretary shall review at least annually
each educational organization receiving a grant under this subpart to
determine the extent to which the educational organization has complied
with the provisions of this subpart and the regulations issued under
this subpart.
``(b) Imposition of Sanctions.--The Secretary may impose one or
more sanctions, to be determined by the Secretary, on an educational
organization for the failure of the educational organization to comply
substantially with the provisions of this subpart or the regulations
issued under this subpart.
``SEC. 5638. ANNUAL REPORT.
``Not later than February 1 of each year, the Secretary shall
submit to the Congress a report describing the activities carried out
under this subpart and containing any related information that the
Secretary considers appropriate.
``SEC. 5639. DEFINITIONS.
``In this subpart:
``(1) Educational organization.--The term `educational
organization' means an entity--
``(A) described in section 501(c)(3) of the
Internal Revenue Code of 1986;
``(B) exempt from tax under section 501(a) of the
Internal Revenue Code of 1986; and
``(C) organized and operated for cultural,
literary, or educational purposes.
``(2) Holocaust education program.--The term `Holocaust
education program' means a program that--
``(A) has as its specific and primary purpose to
improve awareness and understanding of the Holocaust;
and
``(B) to achieve such purpose, furnishes one or
more of the following:
``(i) Educational materials.
``(ii) Student and school-based activities,
including field trips.
``(iii) Teacher training.
``(iv) Any other good or service designed
to improve awareness and understanding of the
Holocaust.
``(3) Holocaust.--The term `Holocaust' means the systemic,
state-sponsored, mass murders by Nazi Germany of 6,000,000
Jews, and millions of others, in the name of racial purity.
``SEC. 5640. REGULATIONS.
``The Secretary shall issue any regulations necessary to carry out
this subpart.
``SEC. 5641. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Secretary for the
first fiscal year beginning on or after the date of enactment of this
subpart, and for each of the four succeeding fiscal years, $2,000,000
for grants under this subpart. Amounts appropriated pursuant to this
subpart shall remain available until expended.''.
SEC. 2. CLERICAL AMENDMENT.
The table of contents of the Elementary and Secondary Education Act
of 1965 is amended by adding after the item relating to section 5618
the following:
``Subpart 22--Holocaust Education Assistance Program
``Sec. 5631. Short title.
``Sec. 5632. Findings and purposes.
``Sec. 5633. Program authorized.
``Sec. 5634. Application.
``Sec. 5635. Use of grants.
``Sec. 5636. Selection criteria.
``Sec. 5637. Review and sanctions.
``Sec. 5638. Annual report.
``Sec. 5639. Definitions.
``Sec. 5640. Regulations.
``Sec. 5641. Authorization of appropriations.''. | Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award competitive grants to educational organizations to carry out proposed or existing Holocaust education programs. Prohibits such grants from being used to supplant nonfederal funds the grantees would otherwise have used for Holocaust education programs. | {"src": "billsum_train", "title": "To authorize the Secretary of Education to award grants to educational organizations to carry out educational programs about the Holocaust."} | 1,762 | 66 | 0.536343 | 1.396059 | 0.637327 | 3.09434 | 29.735849 | 0.867925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pro Football Hall of Fame
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Pro Football Hall of Fame's mission is--
(A) to honor individuals who have made outstanding
contributions to professional football;
(B) to preserve professional football's historic
documents and artifacts;
(C) to educate the public regarding the origin,
development, and growth of professional football as an
important part of American culture; and
(D) to promote the positive values of the sport.
(2) The Pro Football Hall of Fame opened its doors on
September 7, 1963. On that day a charter class of 17 players,
coaches, and contributors were enshrined. Among the group were
such legends as Sammy Baugh, Red Grange, George Halas, Don
Hutson, Bronko Nagurski, and Jim Thorpe. Through 2012, there
are 273 members who have been elected to the Pro Football Hall
of Fame. Three distinct iconic symbols represent an
individual's membership in the Hall of Fame: a bronze bust, a
Hall of Fame gold jacket, and a Hall of Fame ring.
(3) The Pro Football Hall of Fame has welcomed nearly 9
million visitors from around the world since opening in 1963.
The museum has grown from its original 19,000-square-foot
building to a 118,000-square-foot, state-of-the-art facility as
a result of expansions in 1971, 1978, 1995, and most recently
in 2011-2013. In addition, major exhibit renovations have been
completed in 2003, 2008, and 2009.
(4) The Pro Football Hall of Fame houses the world's
largest collection on professional football. Included in the
museum's vast collection are more than 20,000 three-dimensional
artifacts and more than 20 million pages of documents including
nearly 3,000,000 photographic images.
(5) The Pro Football Hall of Fame reaches a world-wide
audience of nearly 15,000,000 people annually through visitors
to the museum, participants in the annual Pro Football Hall of
Fame Enshrinement Festival, three nationally televised events,
the Hall of Fame's Web site, social media outlets, special
events across the country, and through the museum's Educational
Outreach video conferencing programs.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the game of professional football.
(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 ``2016''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the Pro Football Hall of Fame; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2016.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin;
(2) $10 per coin for the $1 coin; and
(3) $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f)(1) of title 31,
United States Code, all surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the Pro Football Hall of Fame, to help finance the
construction of a new building and renovation of existing Pro Football
Hall of Fame facilities.
(c) Audits.--The Pro Football Hall of Fame shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code, with regard to the amounts received under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection. | Pro Football Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5-gold coins, 400,000 $1-silver coins, and 750,000 half-dollar coins emblematic of the game of professional football.
Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the Pro Football Hall of Fame to help finance the construction of a new building and the renovation of existing Pro Football Hall of Fame facilities. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in recognition and celebration of the Pro Football Hall of Fame."} | 1,646 | 111 | 0.457501 | 1.325697 | 0.272091 | 4 | 15.536082 | 0.948454 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lewis and Clark Expedition
Bicentennial Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The expedition commanded by Meriwether Lewis and
William Clark, which came to be called ``The Corps of
Discovery'', was one of the most remarkable and productive
scientific and military exploring expeditions in all American
history.
(2) President Thomas Jefferson gave Lewis and Clark the
mission to ``explore the Missouri River & such principal stream
of it, as, by its course and communication with the waters of
the Pacific Ocean, whether the Columbia, Oregon, Colorado, or
any other river may offer the most direct and practical water
communication across this continent for the purposes of
commerce''.
(3) The Expedition, in response to President Jefferson's
directive, greatly advanced our geographical knowledge of the
continent and prepared the way for the extension of the
American fur trade with American Indian tribes throughout the
land.
(4) President Jefferson directed the explorers to take note
of and carefully record the natural resources of the newly
acquired territory known as Louisiana, as well as diligently
report on the native inhabitants of the land.
(5) The Expedition departed St. Louis, Missouri, on May 14,
1804.
(6) The Expedition held its first meeting with American
Indians at Council Bluff near present-day Fort Calhoun,
Nebraska, in August 1804, spent its first winter at Fort
Mandan, North Dakota, crossed the Rocky Mountains by the mouth
of the Columbia River in mid-November of that year, and
wintered at Fort Clatsop, near the present-day city of Astoria,
Oregon.
(7) The Expedition returned to St. Louis, Missouri, on
September 23, 1806, after a 28-month journey covering 8,000
miles during which it traversed 11 future States: Illinois,
Missouri, Kansas, Nebraska, Iowa, North Dakota, South Dakota,
Montana, Idaho, Washington, and Oregon.
(8) Accounts from the journals of Lewis and Clark and the
detailed maps that were prepared by the Expedition enhance
knowledge of the western continent and routes for commerce.
(9) The Expedition significantly enhanced amicable
relationships between the United States and the autonomous
American Indian nations, and the friendship and respect
fostered between American Indian tribes and the Expedition
represents the best of diplomacy and relationships between
divergent nations and cultures.
(10) The Lewis and Clark Expedition has been called the
most perfect expedition of its kind in the history of the world
and paved the way for the United States to become a great world
power.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the bicentennial of the
Lewis and Clark expedition, the Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue--
(1) not more than 200,000 $1 coins, each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper; and
(2) not more than 200,000 half dollar coins, each of which
shall--
(A) weigh 12.50 grams;
(B) have a diameter of 1.205 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(b) Legal Tender.--The coins minted under this title shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this title shall be
considered to be numismatic items.
SEC. 4. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this
title only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
title shall be emblematic of the expedition of Lewis and Clark.
(2) Designation and inscriptions.--On each coin minted
under this title there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the years ``1804-1806''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(3) Obverse of coin.--The obverse of each coin minted under
this title shall bear the likeness of Thomas Jefferson,
Meriwether Lewis and William Clark.
(4) General design.--In designing this coin, the Secretary
shall also consider incorporating appropriate elements from the
Jefferson Peace and Friendship Medal which Lewis and Clark
presented to the Chiefs of the various Indian tribes they
encountered and shall consider recognizing Native American
culture.
(b) Selection.--The design for the coins minted under this title
shall be selected by the Secretary after consultation with the
Commission of Fine Arts and shall be reviewed by the Citizens
Commemorative Coin Advisory Committee.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this title 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
title.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this title beginning on January 1, 2003.
(d) Termination of Minting Authority.--No coins may be minted under
this title after December 31, 2003.
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins issued under this title 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 title at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this title 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 of coins minted under this title shall
include a surcharge of--
(1) $10 per coin for the $1 coin; and
(2) $7 per coin for the half dollar coin.
SEC. 8. 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 this
title.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this title
from complying with any law relating to equal employment opportunity.
SEC. 9. DISTRIBUTION OF SURCHARGES.
(a) In General.--Subject to section 5134(f) of title 31, United
States Code, the proceeds from the surcharges received by the Secretary
from the sale of coins issued under this title shall be promptly paid
by the Secretary as follows:
(1) National lewis and clark bicentennial council.--\2/3\
to the National Lewis and Clark Bicentennial Council, for
activities associated with commemorating the bicentennial of
the Expedition.
(2) National park service.--\1/3\ to the National Park
Service for activities associated with commemorating the
bicentennial of the Lewis and Clark Expedition.
(b) Audits.--Each organization that receives any payment from the
Secretary under this section shall be subject to the audit requirements
of section 5134(f)(2) of title 31, United States Code.
SEC. 10. 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 title will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this title
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.
Passed the House of Representatives September 9, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | TABLE OF CONTENTS:
Title I: Lewis and Clark Expedition Bicentennial Coin
Title II: Leif Ericsson Millennium Commemorative Coin
Title I: Lewis and Clark Expedition Bicentennial Coin
- Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar and half-dollar coins emblematic of the expedition of Lewis and Clark.
Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition.
Title II: Leif Ericsson Millennium Commemorative Coin
- Leif Ericsson Millennium Commemorative Coin Act - Directs the Secretary to mint and issue one-dollar silver coins, in conjunction with the simultaneous minting and issuance of commemorative coins by the Republic of Iceland, in commemoration of the millennium of the discovery of the New World by Leif Ericsson.
Mandates that all coin surcharges be paid to the Leif Ericsson Foundation for the purpose of funding student exchanges between the United States and Iceland. | {"src": "billsum_train", "title": "Lewis and Clark Expedition Bicentennial Commemorative Coin Act"} | 1,992 | 252 | 0.39824 | 1.246116 | 0.674824 | 2.19898 | 9.219388 | 0.780612 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Industry-Based Education Support
Act''.
SEC. 2. GRANT PROGRAM FOR CURRICULUM AND PROFESSIONAL DEVELOPMENT.
The Carl D. Perkins Vocational and Applied Technology Education Act
is amended by adding at the end of title III the following new part:
``PART I--CURRICULUM AND PROFESSIONAL DEVELOPMENT
``SEC. 391. FINDINGS.
``The Congress finds that--
``(1) vocational education is the ongoing school-based
component of a school-to-work transition system;
``(2) the Carl D. Perkins Vocational and Applied Technology
Education Act established a framework for integrating academic
and vocational education as a mechanism to improve the quality
of vocational education, improve student achievement, and
prepare students for the world of work;
``(3) there continues to be a need for curricula and
instructional materials that integrate academic and vocational
education at both the secondary and postsecondary level;
``(4) new curricula and instructional materials are needed
to provide a sequence of learning between the secondary and
postsecondary level;
``(5) in order to provide students with the skills
necessary to be successful participants in a global economy,
curricula and instructional materials are needed which reflect
the needs of business and industry;
``(6) the successful integration of academic and vocational
education organized around career majors or industry clusters
can be an effective means of reforming high schools; and
``(7) the effectiveness of integrated curricula is enhanced
through professional development and technical assistance
programs that support collaboration among academic and
vocational teachers to develop new and innovative approaches to
preparing all students for the world of work.
``SEC. 392. PURPOSE.
``It is the purpose of this part to provide assistance to State
educational agencies, educational service agencies, local educational
agencies, and schools to--
``(1) implement effective industry-based learning;
``(2) strengthen the school-based aspect of State School-
to-Work transition systems where such systems exist; and
``(3) implement the integration of academic and vocational
education.
``SEC. 393. PROGRAM AUTHORIZED.
``The Secretary is authorized to make grants to State educational
agencies, local educational agencies, educational service agencies or
to consortia which must include at lease one of such entities and may
include such entities as institutions of higher education, businesses
or labor unions to improve curriculum, develop instructional materials,
or provide professional development or a combination of all such
activities.
``SEC. 394. PROGRAM REQUIREMENTS.
``(a) In General.--To be eligible to receive a grant under this
part, an entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``(b) Grants for Curriculum Development and Instructional Materials
Development.--
``(1) Application.--Each application for curriculum
development and instructional materials shall include a
description of how the curriculum and instructional materials
shall--
``(A) integrate academic and vocational
instruction;
``(B) be aligned with career majors, career
pathways, or a coherent sequence of courses as defined
by the State educational agency or local educational
agency;
``(C) be tied to challenging State content
standards or challenging local content standards, and
challenging State student performance standards or
challenging local student performance standards;
``(D) take into account the most recent thinking on
skill standards as reflected in international,
national, State, or local skill standards;
``(E) allow for a smooth transition into post-
secondary education or into appropriate employment;
``(F) meet postsecondary education admission
requirements; and
``(G) take into account the special needs of all
students.
``(2) Special consideration.--In awarding grants under this
subsection, the Secretary shall give special consideration to
applications for the development of curricula or materials
which--
``(A) are linked to a program of professional
development;
``(B) encourage the use of applied teaching and
contextualized learning methodologies;
``(C) encourage collaboration between academic and
vocational educators;
``(D) show potential for effective use in other
State educational agencies or local educational
agencies; and
``(E) take into account the possibility that
students may be involved in work-based learning as
defined in the School-to-Work Opportunities Act.
``(c) Grants for Professional Development.--
``(1) Description.--Each application for professional
development shall include a description of a professional
development program that--
``(A) supports innovative instructional
methodologies which integrate academic and vocational
teaching and learning and which foster collaboration
among academic and vocational teachers;
``(B) trains teachers to implement upgraded
curricula such as those described in paragraph (1) of
subsection (b);
``(C) is developed and implemented in coordination
with professional development activities funded through
other Federal programs, including the School-to-Work
Opportunities Act and the Elementary and Secondary
Education Act of 1965;
``(D) is tied to challenging State content
standards or challenging local content standards, and
challenging State student performance standards or
challenging local student performance standards;
``(E) is of sufficient intensity and duration to
have positive and lasting impact on the teacher's
performance in the classroom; and
``(F) is designed in consultation with classroom
teachers and, where appropriate, administrators, pupil
service personnel and other school staff.
``(2) Funds.--Funds under this part may be used for--
``(A) the development and implementation of
professional development activities which meet the
requirements of paragraph (1);
``(B) planning time and release time for teachers,
and, where appropriate, other school staff, to allow
such personnel to participate in professional
development activities or to plan the development or
implementation of upgraded curriculum;
``(C) the development and implementation of
programs which familiarize teachers with the local work
environment, such as summer internships or work
placements;
``(D) professional development programs that train
teams of teachers, including vocational teachers,
academic teachers, and where appropriate, other school
staff and workplace mentors funded under the School-to-
Work Opportunities Act;
``(E) preparing teachers and, where appropriate,
other school personnel in assisting students involved
in work-based learning funded under the School-to-Work
Opportunities Act;
``(F) the establishment and maintenance of
professional development networks that allow exchange
of information among teachers on content and pedagogy;
``(G) preparing teachers in the effective use of
educational technology and assistive technology for
delivering professional development services;
``(H) the development and implementation of teacher
evaluation techniques which take into account
collaboration between academic and vocational teachers;
and
``(I) preparing teachers, pupil service personnel
or other staff to provide career guidance, counseling,
or exploration.
``SEC. 395. STATE TECHNICAL ASSISTANCE.
``(a) In General.--A State educational agency receiving funds under
this part may reserve not more than 10 percent of such funds to provide
technical assistance upon request to local educational agencies or
educational service agencies to assist in the development,
dissemination, and implementation of curricula, instructional materials
or professional development programs that support the integration of
academic and vocational instruction or the implementation of industry-
based career majors.
``(b) Assistance.--Such assistance may be provided directly through
the State educational agency or through educational service agencies,
institutions of higher education, or a consortium of such entities.
Such assistance shall be consistent with the requirements in section
394.
``SEC. 396. CONSOLIDATED APPLICATIONS.
``Entities seeking to receive a grant under this part may submit an
application under this part or may consolidate such application with an
application under this Act or that meets the requirements of part C of
title XIV of the Elementary and Secondary Education Act of 1965.
``SEC. 397. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $100,000,000 for fiscal
year 1996 and such sums as may be necessary for each of the fiscal
years 1997 through 2000.''. | Industry-Based Education Support Act - Amends the Carl D. Perkins Vocational and Applied Technology Education Act to authorize the Secretary of Education to make grants to State and local educational agencies, educational service agencies, or consortia of these and other entities, for vocational education curriculum, instructional materials, and professional development, with emphasis on integration of academic and vocational instruction.
Allows State educational agencies to reserve up to ten percent of such funds to provide technical assistance to local educational agencies or educational service agencies.
Allows consolidated applications.
Authorizes appropriations. | {"src": "billsum_train", "title": "Industry-Based Education Support Act"} | 1,782 | 121 | 0.596931 | 1.476894 | 0.703139 | 3.266667 | 16.695238 | 0.904762 |
SECTION 1. INCREASE IN CERTAIN ALTERNATIVE FUEL AND VEHICLE TAX
INCENTIVES.
(a) Incentives for Alcohol Fuels.--
(1) Income tax credit.--Section 40 of the Internal Revenue
Code of 1986 (relating to alcohol used as fuel) is amended--
(A) by striking ``60 cents'' each place it appears
and inserting ``$1.20'',
(B) by striking ``45 cents'' each place it appears
and inserting ``90 cents'',
(C) by striking ``2010'' in the table contained in
subsection (h)(2) and inserting ``2006'', and
(D) by adding at the end of such table the
following new item:
``2007 through 2010.............. $1.02................ 75.56 cents''.
(2) Excise tax credit.--Section 6426(b) of such Code
(relating to alcohol fuel mixture credit) is amended--
(A) by striking ``51 cents'' in paragraph (2)(A)
and inserting ``$1.02'', and
(B) by striking ``60 cents'' in paragraph (2)(B)
and inserting ``$1.20''.
(b) Incentives for Biodiesel and Renewable Diesel Fuels.--
(1) Income tax credit.--Section 40A of the Internal Revenue
Code of 1986 (relating to biodiesel and renewable diesel used
as fuel) is amended--
(A) by striking ``$1.00'' each place it appears and
inserting ``$2.00'',
(B) by striking ``50 cents'' each place it appears
and inserting ``$1.00'', and
(C) by striking ``10 cents'' in subsection
(b)(5)(A) and inserting ``20 cents''.
(2) Excise tax credit.--Section 6426(c) of such Code
(relating to biodiesel mixture credit) is amended--
(A) by striking ``50 cents'' in paragraph (2)(A)
and inserting ``$1.00'', and
(B) by striking ``$1.00'' in paragraph (2)(B) and
inserting ``$2.00''.
(c) Incentives for Alternative Fuels.--Subsections (d)(1) and
(e)(1) of section 6426 of such the Internal Revenue Code of 1986
(credit for alcohol fuel, biodiesel, and alternative fuel mixtures) are
each amended by striking ``50 cents'' and inserting ``$1.00''.
(d) Alternative Motor Vehicle Credit.--
(1) New qualified fuel cell motor vehicle credit.--Section
30B(b) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``$8,000'', ``$4,000'',
``$10,000'', ``$20,000'', and ``$40,000'' in paragraph
(1) and inserting ``$16,000'', ``$8,000'', ``$20,000'',
``$40,000'', and ``$80,000'', respectively, and
(B) by striking ``$1,000'', ``$1,500'', ``$2,000'',
``$2,500'', ``$3,000'', ``$3,500'', and ``$4,000'' in
paragraph (2) and inserting ``$2,000'', ``$3,000'',
``$4,000'', ``$5,000'', ``$6,000'', ``$7,000'', and
``$8,000'', respectively.
(2) New advanced lean burn technology motor vehicle
credit.--Section 30B(c) of such Code is amended--
(A) by striking ``$400'', ``$800'', ``$1,200'',
``$1,600'', ``$2,000'', and ``$2,400'' in the table
contained in paragraph (2)(A)(i) and inserting
``$800'', ``$1,600'', ``$2,400'', ``$3,200'',
``$4,000'', and ``$4,800'', respectively, and
(B) by striking ``$250'', ``$500'', ``$750'', and
``$1,000'' in the table contained in paragraph (2)(B)
and inserting ``$500'', ``$1,000'', ``$1,500'', and
``$2,000'', respectively.
(3) New qualified hybrid motor vehicle credit.--Section
30B(d)(2)(B)(iii) of such Code (relating to qualified
incremental hybrid cost) is amended by striking by striking
``$7,500'', ``$15,000'', and ``$30,000'' and inserting
``$15,000'', ``$30,000'', and ``$60,000'', respectively.
(4) New qualified alternative fuel motor vehicle credit.--
Section 30B(e)(3) of such Code (relating to incremental cost)
is amended by striking by striking ``$5,000'', ``$10,000'',
``$25,000'', and ``$40,000'' and inserting ``$10,000'',
``$20,000'', ``$50,000'', and ``$80,000'', respectively.
(e) Alternative Fuel Vehicle Refueling Property Credit.--Section
30C(b) of the Internal Revenue Code of 1986 (relating to limitation) is
amended--
(1) by striking ``$30,000'' in paragraph (1) and inserting
``$60,000'', and
(2) by striking ``$1,000'' in paragraph (2) and inserting
``$2,000''.
(f) Effective Dates.--
(1) Fuels.--The amendments made by subsections (a), (b),
and (c) shall apply to any sale, use, or removal for any period
after the date of the enactment of this Act.
(2) Vehicles and refueling property.--The amendments made
by subsections (d) and (e) shall apply to property placed in
service after the date of the enactment of this Act.
SEC. 2. ELIMINATION OF CERTAIN TAX INCENTIVES FOR MAJOR INTEGRATED OIL
COMPANIES.
(a) Amortization of Geological and Geophysical Expenditures.--
(1) In general.--Section 167(h) of the Internal Revenue
Code of 1986 (relating to amortization of geological and
geophysical expenditures) is amended by adding at the end the
following new paragraph:
``(5) Nonapplication to major integrated oil companies.--
This subsection shall not apply to any sale during any taxable
year by a taxpayer which is--
``(A) an integrated oil company (as defined in
section 291(b)(4)) which has an average daily worldwide
production of crude oil of at least 500,000 barrels for
such taxable year, or
``(B) a related person to such company.''.
(2) Effective date.--The amendment made by this subsection
shall apply to amounts paid or incurred in taxable years
beginning after the date of the enactment of this Act.
(b) Percentage Depletion Allowance for Oil and Gas Properties.--
(1) In general.--Section 613A is amended by adding at the
end the following new subsection:
``(f) Nonapplication to Major Integrated Oil Companies.--The
allowance for percentage depletion shall be zero during any taxable
year with respect to a taxpayer which is--
``(1) an integrated oil company (as defined in section
291(b)(4)) which has an average daily worldwide production of
crude oil of at least 500,000 barrels for such taxable year, or
``(2) a related person to such company.''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning after the date of the
enactment of this Act.
(c) Deduction for Intangible Drilling and Development Costs.--
(1) In general.--Section 263(c) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
sentence: ``This subsection shall not apply during any taxable
year with respect to a taxpayer which is an integrated oil
company (as defined in section 291(b)(4)) which has an average
daily worldwide production of crude oil of at least 500,000
barrels for such taxable year or a related person to such
company.''.
(2) Effective date.--The amendment made by this subsection
shall apply to amounts paid or incurred in taxable years
beginning after the date of the enactment of this Act.
SEC. 3. PROHIBITION OF FUNDS FOR OIL AND NATURAL GAS ROYALTY RELIEF.
(a) In General.--No funds made available under any Act for any
fiscal year for royalty and offshore minerals management may be used by
the Secretary of the Interior to provide relief from a requirement to
pay a royalty for the production of oil or natural gas from Federal
land during any period in which--
(1) for the production of oil, the average price of crude
oil in the United States is greater than $55 a barrel; and
(2) for the production of natural gas, the average price of
natural gas in the United States is $10 per 1,000 cubic feet of
natural gas.
(b) Exception.--In administering funds made available for royalty
or offshore minerals management, the Secretary of the Interior may
waive or specify alternative requirements if the Secretary of the
Interior determines that royalty relief is necessary to avoid oil or
natural gas supply disruptions as a consequence of hurricanes or other
natural disasters. | Amends the Internal Revenue Code to increase the tax credits for: (1) alcohol used as fuel; (2) biodiesel and renewable diesel used as fuel; (3) alternative fuels; (4) alternative motor vehicles; and (5) alternative fuel vehicle refueling property (service stations for dispensing ethanol and other alternative fuels to retail customers).
Denies to major integrated oil companies (companies with average daily worldwide crude oil production of at least 500,000 barrels) : (1) two-year amortization of geological and geophysical expenditures; (2) percentage depletion for oil and gas properties; and (3) tax deductions for intangible drilling and development costs.
Prohibits the Secretary of the Interior from providing crude oil and natural gas producers on federal lands exemptions from royalty payment requirements during periods when the average U.S. price of crude oil is over $55 per barrel and the average price of natural gas is $10 per 1000 cubic feet. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to increase certain alternative fuel and vehicle tax incentives and to eliminate certain tax incentives for major integrated oil companies, and for other purposes."} | 2,225 | 201 | 0.467126 | 1.234035 | 0.336943 | 2.379121 | 10.39011 | 0.851648 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pathways to College Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) An educated workforce is crucial to the success of the
United States economy. Access to higher education for all
students is critical to maintaining an educated workforce. More
than 80 percent of the 23,000,000 jobs that will be created in
the next 10 years will require postsecondary education. Only 36
percent of all 18- to 24-year olds are currently enrolled in
postsecondary education.
(2) Workers with bachelor's degrees earn on average $17,000
more annually than workers with only high school diplomas.
Workers who earn bachelor's degrees can be expected to earn
$1,000,000 more over a lifetime than those who only finished
high school.
(3) The ACT recommends that schools--
(A) provide student guidance to engage students in
college and career awareness; and
(B) ensure that students enroll in a rigorous
curriculum to prepare for postsecondary education.
(4) The Department of Education reports that the average
student-to-counselor ratio in high schools is 315:1. This falls
far above the ratio recommended by the American School
Counselor Association, which is 250:1. While school counselors
at private schools spend an average of 58 percent of their time
on postsecondary education counseling, counselors in public
schools spend an average of 25 percent of their time on
postsecondary education counseling.
(5) While just 57 percent of students from the lowest
income quartile enroll in college, 87 percent of students from
the top income quartile enroll. Of students who were in eighth
grade in 2000, only 20 percent of the lowest-income students
are projected to attain a bachelor's degree by 2012, compared
to 68 percent of the highest income group, according to the
Advisory Committee on Student Financial Assistance in 2006.
(6) A recent report by the Consortium on Chicago School
Research found that only 41 percent of Chicago public school
students who aspire to go to college took the steps necessary
to apply to and enroll in a 4-year institution of higher
education. The report also reveals that only \1/3\ of Chicago
students who want to attend a 4-year institution of higher
education enroll in a school that matches their qualifications.
Even among students qualified to attend a selective college, 29
percent enrolled in a community college or did not enroll at
all.
(7) The Consortium found that many Chicago public school
students do not complete the Free Application for Federal
Student Aid, even though students who apply for Federal
financial aid are 50 percent more likely to enroll in college.
Sixty-five percent of public secondary school counselors at
low-income schools believe that students and parents are
discouraged from considering college as an option due to lack
of knowledge about financial aid.
(8) Low-income and first-generation families often
overestimate the cost of tuition and underestimate available
aid; students from these backgrounds have access to fewer
college application resources and financial aid resources than
other groups, and are less likely to fulfill their
postsecondary plans as a result.
(9) College preparation intervention programs can double
the college-going rates for at-risk youth, can expand students'
educational aspirations, and can boost college enrollment and
graduation rates.
SEC. 3. GRANT PROGRAM.
(a) Definitions.--In this Act:
(1) ESEA definitions.--The terms ``local educational
agency'' and ``Secretary'' have the meanings given the terms in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) Eligible local educational agency.--The term ``eligible
local educational agency'' means a local educational agency in
which a majority of the secondary schools served by the agency
are high-need secondary schools.
(3) High-need secondary school.--The term ``high-need
secondary school'' means a secondary school in which not less
than 50 percent of the students enrolled in the school are--
(A) eligible for a school lunch program under the
Richard B. Russell National School Lunch Act;
(B) eligible to be counted under section 1124(c) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6333(c)); or
(C) in families eligible for assistance under the
State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(b) Competitive Grants to Eligible Local Educational Agencies.--The
Secretary is authorized to award grants, on a competitive basis, to
eligible local educational agencies to carry out the activities
described in this section.
(c) Duration.--Grants awarded under this section shall be 5 years
in duration.
(d) Distribution.--In awarding grants under this section, the
Secretary shall ensure that the grants are distributed among the
different geographic regions of the United States, and among eligible
local educational agencies serving urban and rural areas.
(e) Applications.--
(1) In general.--Each eligible local educational agency
desiring a grant under this section shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall include a description of the program to be carried
out with grant funds and--
(A) a description of the secondary school
population to be targeted by the program, the
particular college-access needs of such population, and
the resources available for meeting such needs;
(B) an outline of the objectives of the program,
including goals for increasing the number of college
applications submitted by each student, increasing Free
Application for Federal Student Aid completion rates,
and increasing school-wide college enrollment rates
across the local educational agency;
(C) a description of the local educational agency's
plan to work cooperatively with programs funded under
chapters 1 and 2 of subpart 2 of part A of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et
seq. and 1070a-21 et seq.), including the extent to
which the agency commits to sharing facilities,
providing access to students, and developing compatible
record-keeping systems;
(D) a description of the activities, services, and
training to be provided by the program, including a
plan to provide structure and support for all students
in the college search, planning, and application
process;
(E) a description of the methods to be used to
evaluate the outcomes and effectiveness of the program;
(F) an assurance that grant funds will be used to
supplement, and not supplant, any other Federal, State,
or local funds available to carry out activities of the
type carried out under the grant;
(G) an explanation of the method used for
calculating college enrollment rates for each secondary
school served by the eligible local educational agency
that is based on externally verified data, and, when
possible, aligned with existing State or local methods;
and
(H) a plan to make the program sustainable over
time, including the use of matching funds from non-
Federal sources.
(3) Method of calculating enrollment rates.--
(A) In general.--A method included in an
application under paragraph (2)(G)--
(i) shall, at a minimum, track students'
first-time enrollment in institutions of higher
education; and
(ii) may track progress toward completion
of a postsecondary degree.
(B) Development in conjunction.--An eligible local
educational agency may develop a method pursuant to
paragraph (2)(G) in conjunction with an existing public
or private entity that currently maintains such a
method.
(f) Special Consideration.--In awarding grants under this section,
the Secretary shall give special consideration to applications from
eligible local educational agencies serving schools with the highest
percentages of poverty.
(g) Use of Funds.--
(1) In general.--An eligible local educational agency that
receives a grant under this section shall develop and
implement, or expand, a program to increase the number of low-
income students who enroll in postsecondary educational
institutions, including institutions with competitive
admissions criteria.
(2) Required use of funds.--Each program funded under this
section shall--
(A) provide professional development to secondary
school teachers and counselors in postsecondary
education advising;
(B) ensure that each student has not less than 1
meeting, not later than the first semester of the first
year of secondary school, with a school counselor,
college access personnel (including personnel involved
in programs funded under chapters 1 and 2 of subpart 2
of part A of title IV of the Higher Education Act of
1965 (20 U.S.C. 1070a-11 et seq. and 1070a-21 et
seq.)), trained teacher, or other professional or
organization, such as a community-based organization,
approved by the school, to discuss postsecondary
options, outline postsecondary goals, and create a plan
to achieve those goals;
(C) provide information to all students enrolled in
the secondary schools served by the eligible local
educational agency and parents beginning in the first
year of secondary school on--
(i) the economic and social benefits of
higher education;
(ii) college expenses, including
information about expenses by institutional
type, differences between sticker price and net
price, and expenses beyond tuition;
(iii) paying for college, including the
availability, eligibility, and variety of
financial aid; and
(iv) the forms and processes associated
with applying for financial aid; and
(D) ensure that each secondary school served by the
eligible local educational agency develops a
comprehensive, school-wide plan of action to strengthen
the college-going culture within the school.
(3) Allowable use of funds.--Each program funded under this
section may--
(A) establish mandatory postsecondary planning
classes for secondary school seniors to assist the
seniors in the college preparation and application
process;
(B) hire and train postsecondary coaches with
expertise in the college-going process;
(C) increase the number of counselors who
specialize in the college-going process serving
students;
(D) train student leaders to assist in the creation
of a college-going culture in their schools;
(E) provide opportunities for students to explore
postsecondary opportunities outside of the school
setting, such as college fairs, career fairs, college
tours, workplace visits, or other similar activities;
(F) assist students with test preparation, college
applications, Federal financial aid applications, and
scholarship applications;
(G) establish partnerships with programs funded
under chapters 1 and 2 of subpart 2 of part A of title
IV of the Higher Education Act of 1965 (20 U.S.C.
1070a-11 et seq. and 1070a-21 et seq.)), and with
community and nonprofit organizations to increase
college-going rates at secondary schools served by the
eligible local educational agency;
(H) provide long-term postsecondary follow up with
graduates of the secondary schools served by the
eligible local educational agencies, including
increasing alumni involvement in mentoring and advising
roles within the secondary school;
(I) create and maintain a postsecondary access
center in the school setting that provides information
on colleges and universities, career opportunities, and
financial aid options and provide a setting in which
professionals working in programs funded under chapters
1 and 2 of subpart 2 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070a-11 et
seq. and 1070a-21 et seq.)), can meet with students;
(J) deliver college and career planning curriculum
as a stand-alone course, or embedded in other classes,
for all students in secondary school; and
(K) increase parent involvement in preparing for
postsecondary opportunities.
(h) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other Federal,
State, and local funds available to carry out the activities described
in this section.
(i) Technical Assistance.--The Secretary, directly or through
contracting through a full and open process with 1 or more
organizations that have demonstrated experience providing technical
assistance to raise school-wide college enrollment rates in local
educational agencies in not less than 3 States, shall provide technical
assistance to grantees in carrying out this section. The technical
assistance shall--
(1) provide assistance in the calculation and analysis of
college-going rates for all grant recipients;
(2) provide semi-annual analysis to each grant recipient
recommending best practices based on a comparison of the
recipient's data with that of secondary schools with similar
demographics; and
(3) provide annual best practices conferences for all grant
recipients.
(j) Evaluation and Reporting Requirements.--
(1) Measure enrollment and track data.--Each eligible local
educational agency that receives a grant under this section
shall--
(A) measure externally verified school-wide college
enrollment; and
(B) track data that leads to increased college
going, including college applications sent and Free
Application for Federal Student Aid forms filed.
(2) Evaluations by grantees.--Each eligible local
educational agency that receives a grant under this section
shall--
(A) conduct periodic evaluations of the
effectiveness of the activities carried out under the
grant toward increasing school-wide college-going
rates;
(B) use such evaluations to refine and improve
activities conducted with the grant and the performance
measures for such activities; and
(C) make the results of such evaluations publicly
available, including by providing public notice of such
availability.
(3) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report concerning the
results of--
(A) the evaluations conducted under paragraph (2);
and
(B) an evaluation conducted by the Secretary to
analyze the effectiveness and efficacy of the
activities conducted with grants under this section. | Pathways to College Act - Authorizes the Secretary of Education to award competitive five-year grants to local educational agencies that serve mostly high-need secondary schools for programs to increase the number of students from low-income families who attend college. Defines "high-need secondary schools" as those where at least one-half of the students are from low-income families.
Requires grantees to use such funds to: (1) train teachers and counselors to provide students with advice concerning postsecondary education; (2) ensure that each student receives postsecondary information and planning assistance before the end of their first semester of secondary school; (3) inform students and parents regarding the benefits, expenses, and financing of higher education; and (4) ensure that their schools develop comprehensive, school-wide plans of action to strengthen their college-going culture.
Directs the Secretary to provide technical assistance to grantees in calculating and analyzing their college-going rates and adopting best practices for elevating such rates.
Requires grantees to measure externally verified school-wide college enrollment, track data that leads to increased college-going, and evaluate the success of their grant activities. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Education to award grants to local education agencies to improve college access."} | 2,993 | 251 | 0.501487 | 1.566603 | 0.757571 | 2.52 | 12.804444 | 0.902222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Standard Merger and Acquisition
Reviews Through Equal Rules Act of 2015''.
SEC. 2. AMENDMENTS TO THE CLAYTON ACT.
The Clayton Act (15 U.S.C. 12 et seq.) is amended--
(1) by striking section 4F and inserting the following--
``SEC. 4F. ACTIONS BY ATTORNEY GENERAL OF THE UNITED STATES OR THE
FEDERAL TRADE COMMISSION.
``(a) Whenever the Attorney General of the United States has
brought an action under the antitrust laws or the Federal Trade
Commission has brought an action under section 7, and the Attorney
General or Federal Trade Commission, as applicable, has reason to
believe that any State attorney general would be entitled to bring an
action under this Act based substantially on the same alleged violation
of the antitrust laws or section 7, the Attorney General or Federal
Trade Commission, as applicable, shall promptly give written
notification thereof to such State attorney general.
``(b) To assist a State attorney general in evaluating the notice
described in subsection (a) or in bringing any action under this Act,
the Attorney General of the United States or Federal Trade Commission,
as applicable, shall, upon request by such State attorney general, make
available to the State attorney general, to the extent permitted by
law, any investigative files or other materials which are or may be
relevant or material to the actual or potential cause of action under
this Act.'';
(2) in section 5--
(A) in subsection (a) by inserting ``(including a
proceeding brought by the Federal Trade Commission with
respect to a violation of section 7)'' after ``United
States under the antitrust laws''; and
(B) in subsection (i) by inserting ``(including a
proceeding instituted by the Federal Trade Commission
with respect to a violation of section 7)'' after
``antitrust laws'';
(3) in section 11, by adding at the end the following:
``(m)(1) Except as provided in paragraph (2), in enforcing
compliance with section 7, the Federal Trade Commission shall enforce
compliance with that section in the same manner as the Attorney General
in accordance with section 15.
``(2) If the Federal Trade Commission approves an agreement with
the parties to the transaction that contains a consent order with
respect to a violation of section 7, the Commission shall enforce
compliance with that section in accordance with this section.'';
(4) in section 13, by inserting ``(including a suit,
action, or proceeding brought by the Federal Trade Commission
with respect to a violation of section 7)'' before
``subpoenas''; and
(5) in section 15, by inserting ``and the duty of the
Federal Trade Commission with respect to a violation of section
7,'' after ``General,''.
SEC. 3. AMENDMENTS TO THE FEDERAL TRADE COMMISSION ACT.
The Federal Trade Commission Act (15 U.S.C. 41) is amended--
(1) in section 5(b), by inserting ``(excluding the
consummation of a proposed merger, acquisition, joint venture,
or similar transaction that is subject to section 7 of the
Clayton Act (15 U.S.C. 18), except in cases where the
Commission approves an agreement with the parties to the
transaction that contains a consent order)'' after ``unfair
method of competition'';
(2) in section 9, by inserting after the fourth
undesignated paragraph the following:
``Upon the application of the commission with respect to any
activity related to the consummation of a proposed merger, acquisition,
joint venture, or similar transaction that is subject to section 7 of
the Clayton Act (15 U.S.C. 18) that may result in any unfair method of
competition, the district courts of the United States shall have
jurisdiction to issue writs of mandamus commanding any person or
corporation to comply with the provisions of this Act or any order of
the commission made in pursuance thereof.'';
(3) in section 13(b)(1), by inserting ``(excluding section
7 of the Clayton Act (15 U.S.C. 18) and section 5(a)(1) with
respect to the consummation of a proposed merger, acquisition,
joint venture, or similar transaction that is subject to
section 7 of the Clayton Act (15 U.S.C. 18))'' after
``Commission''; and
(4) in section 20(c)(1), by inserting ``or under section 7
of the Clayton Act (15 U.S.C. 18), where applicable,'' after
``Act,''.
SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall not apply to any of the following that occurs before the date of
enactment of this Act:
(1) A violation of section 7 of the Clayton Act (15 U.S.C.
18).
(2) A transaction with respect to which there is compliance
with section 7A of the Clayton Act (15 U.S.C. 18a).
(3) A case in which a preliminary injunction has been filed
in a district court of the United States. | Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015 This bill amends the Clayton Act with respect to actions brought by the Attorney General for violations of antitrust laws. The Federal Trade Commission (FTC) is required, but only under the Clayton Act, to exercise the same authority and procedures of the Attorney General specified in the Act with respect to the prohibition against acquisition by one corporation of the stock of another (merger) that may substantially lessen competition or tend to create a monopoly. The Federal Trade Commission Act (FTCA) is amended to exclude proposed mergers, acquisitions, joint ventures, or similar transactions from FTC proceedings, except in cases where the FTC approves an agreement with the parties to the transaction that contains a consent order. Jurisdiction is granted to the U.S. district courts to issue writs of mandamus commanding compliance with the FTCA or any FTC order, if the FTC applies to such courts with respect to any activity related to consummation of a merger, acquisition, joint venture, or similar transaction that results in an unfair method of competition. | {"src": "billsum_train", "title": "Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015"} | 1,209 | 238 | 0.575424 | 1.649332 | 0.748385 | 2.79602 | 5.537313 | 0.80597 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prematurity Research Expansion and
Education for Mothers who deliver Infants Early Reauthorization Act''
or the ``PREEMIE Reauthorization Act''.
SEC. 2. RESEARCH AND ACTIVITIES AT THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
(a) Epidemiological Studies.--Section 3 of the Prematurity Research
Expansion and Education for Mothers who deliver Infants Early Act (42
U.S.C. 247b-4f) is amended by striking subsection (b) and inserting the
following:
``(b) Studies and Activities on Preterm Birth.--
``(1) In general.--The Secretary of Health and Human
Services, acting through the Director of the Centers for
Disease Control and Prevention, may, subject to the
availability of appropriations--
``(A) conduct epidemiological studies on the
clinical, biological, social, environmental, genetic,
and behavioral factors relating to prematurity, as
appropriate;
``(B) conduct activities to improve national data
to facilitate tracking the burden of preterm birth; and
``(C) continue efforts to prevent preterm birth,
including late preterm birth, through the
identification of opportunities for prevention and the
assessment of the impact of such efforts.
``(2) Report.--Not later than 2 years after the date of
enactment of the PREEMIE Reauthorization Act, and every 2 years
thereafter, the Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and
Prevention, shall submit to the appropriate committees of
Congress reports concerning the progress and any results of
studies conducted under paragraph (1).''.
(b) Reauthorization.--Section 3(e) of the Prematurity Research
Expansion and Education for Mothers who deliver Infants Early Act (42
U.S.C. 247b-4f(e)) is amended by striking ``2007 through 2011'' and
inserting ``2014 through 2018''.
SEC. 3. ACTIVITIES AT THE HEALTH RESOURCES AND SERVICES ADMINISTRATION.
(a) Telemedicine and High-Risk Pregnancies.--Section 330I(i)(1)(B)
of the Public Health Service Act (42 U.S.C. 254c-14(i)(1)(B)) is
amended by striking ``or case management services'' and inserting
``case management services, or prenatal care for high-risk
pregnancies''.
(b) Public and Health Care Provider Education.--Section 399Q of the
Public Health Service Act (42 U.S.C. 280g-5) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking subparagraphs (A)
through (F) and inserting the following:
``(A) the core risk factors for preterm labor and
delivery;
``(B) medically indicated deliveries before full
term;
``(C) the importance of preconception and prenatal
care, including--
``(i) smoking cessation;
``(ii) weight maintenance and good
nutrition, including folic acid;
``(iii) the screening for and the treatment
of infections; and
``(iv) stress management;
``(D) treatments and outcomes for premature
infants, including late preterm infants;
``(E) the informational needs of families during
the stay of an infant in a neonatal intensive care
unit; and
``(F) utilization of evidence-based strategies to
prevent birth injuries;''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) programs to increase the availability, awareness, and
use of pregnancy and post-term information services that
provide evidence-based, clinical information through
counselors, community outreach efforts, electronic or
telephonic communication, or other appropriate means regarding
causes associated with prematurity, birth defects, or health
risks to a post-term infant;''; and
(2) in subsection (c), by striking ``2007 through 2011''
and inserting ``2014 through 2018''.
SEC. 4. OTHER ACTIVITIES.
(a) Interagency Coordinating Council on Prematurity and Low
Birthweight.--The Prematurity Research Expansion and Education for
Mothers who deliver Infants Early Act is amended by striking section 5
(42 U.S.C. 247b-4g).
(b) Advisory Committee on Infant Mortality.--
(1) Establishment.--The Secretary of Health and Human
Services (referred to in this section as the ``Secretary'') may
establish an advisory committee known as the ``Advisory
Committee on Infant Mortality'' (referred to in this section as
the ``Advisory Committee'').
(2) Duties.--The Advisory Committee shall provide advice
and recommendations to the Secretary concerning the following
activities:
(A) Programs of the Department of Health and Human
Services that are directed at reducing infant mortality
and improving the health status of pregnant women and
infants.
(B) Strategies to coordinate the various Federal
programs and activities with State, local, and private
programs and efforts that address factors that affect
infant mortality.
(C) Implementation of the Healthy Start program
under section 330H of the Public Health Service Act (42
U.S.C. 254c-8) and Healthy People 2020 infant mortality
objectives.
(D) Strategies to reduce preterm birth rates
through research, programs, and education.
(3) Plan for hhs preterm birth activities.--Not later than
1 year after the date of enactment of this section, the
Advisory Committee (or an advisory committee in existence as of
the date of the enactment of this Act and designated by the
Secretary) shall develop a plan for conducting and supporting
research, education, and programs on preterm birth through the
Department of Health and Human Services and shall periodically
review and revise the plan, as appropriate. The plan shall--
(A) examine research and educational activities
that receive Federal funding in order to enable the
plan to provide informed recommendations to reduce
preterm birth and address racial and ethnic disparities
in preterm birth rates;
(B) identify research gaps and opportunities to
implement evidence-based strategies to reduce preterm
birth rates among the programs and activities of the
Department of Health and Human Services regarding
preterm birth, including opportunities to minimize
duplication; and
(C) reflect input from a broad range of scientists,
patients, and advocacy groups, as appropriate.
(4) Membership.--The Secretary shall ensure that the
membership of the Advisory Committee includes the following:
(A) Representatives provided for in the original
charter of the Advisory Committee.
(B) A representative of the National Center for
Health Statistics.
(c) Patient Safety Studies and Report.--
(1) In general.--The Secretary shall designate an
appropriate agency within the Department of Health and Human
Services to coordinate existing studies on hospital
readmissions of preterm infants.
(2) Report to secretary and congress.--Not later than 1
year after the date of the enactment of this Act, the agency
designated under paragraph (1) shall submit to the Secretary
and to Congress a report containing the findings and
recommendations resulting from the studies coordinated under
such paragraph, including recommendations for hospital
discharge and followup procedures designed to reduce rates of
preventable hospital readmissions for preterm infants. | Prematurity Research Expansion and Education for Mothers who deliver Infants Early Reauthorization Act or PREEMIE Reauthorization Act - Amends the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act to revise and reauthorize requirements for research on prematurity and preterm births. Requires the Director of the Office for the Advancement of Telehealth to give preference in awarding grants to an eligible entity that proposes to use the grant funds to develop plans for, or to establish, telehealth networks that provide prenatal care for high-risk pregnancies. Revises and reauthorizes through FY2017 the authority of the Secretary of Health and Human Services (HHS) to conduct demonstration projects related to preterm births. Repeals establishment of the Interagency Coordinating Council on Prematurity and Low Birthweight. Authorizes the Secretary to establish the Advisory Committee on Infant Mortality. Directs the Advisory Committee (or an existing advisory committee designated by the Secretary) to develop, and periodically review and revise, a plan for conducting and supporting research, education, and programs on preterm birth through HHS. Requires the Secretary to designate an appropriate agency within HHS to coordinate existing studies and report to the Secretary and Congress on hospital readmissions of preterm infants. | {"src": "billsum_train", "title": "PREEMIE Reauthorization Act"} | 1,645 | 302 | 0.647294 | 1.761129 | 0.725131 | 3.154545 | 6.545455 | 0.827273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Steel Industry National Historic
Park Act of 2000''.
TITLE I--STEEL INDUSTRY NATIONAL HISTORIC PARK
SEC. 101. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) certain sites and structures in the Commonwealth of
Pennsylvania symbolize in physical form the heritage of the
steel industry of the United States;
(2) a very large proportion of the buildings and other
structures in the Commonwealth are nationally significant
historical resources, including the United States Steel
Homestead Works, the Carrie Furnace complex, and the Hot Metal
Bridge;
(3) despite substantial efforts for cultural preservation
and historical interpretation by the Commonwealth of
Pennsylvania and by individuals and public and private entities
in the region, these buildings and other structures may be lost
without the assistance of the Federal Government.
(b) Purposes.--The purposes of this title are to provide for the
preservation, development, interpretation, and use of the nationally
significant historical and cultural sites and structures as described
in subsection (a) for the benefit and inspiration of present and future
generations.
SEC. 102. STEEL INDUSTRY NATIONAL HISTORIC PARK.
(a) Establishment.--There is established in the Commonwealth of
Pennsylvania the Steel Industry National Historic Park as a unit of the
National Park System.
(b) Description.--The historic park shall be comprised of the
following properties, each of which relate to the former United States
Steel Homestead Works:
(1) The historic location of the Battle of Homestead site
in the borough of Munhall, Pennsylvania, consisting of
approximately 3 acres of land, including the pumphouse and
water tower and related structures, within the property bounded
by the Monongahela River, the CSX railroad, Waterfront Drive,
and the Damascus-Marcegaglia Steel Mill.
(2) The historic location of the Carrie Furnace complex in
the boroughs of Swissvale and Rankin, Pennsylvania, consisting
of approximately 35 acres of land, including blast furnaces 6
and 7, the ore yard, the cast house, the blowing engine house,
the AC power house, and related structures, within the property
bounded by the CSX railroad, the Monongahela River, and a
property line drawn northeast to southwest approximately 100
yards east of the AC power house.
(3) The historic location of the Hot Metal Bridge,
consisting of the Union railroad bridge and its approaches,
spanning the Monongahela River and connecting the mill sites in
the boroughs of Rankin and Munhall, Pennsylvania.
(4) All other property included in the historic park by
Federal law or acquired by the Secretary for inclusion in the
historic park pursuant to section 103 or other Federal law.
SEC. 103. ACQUISITION OF PROPERTY.
To further the purposes of this title, the Secretary may acquire,
by donation, property for inclusion in the historic park as follows:
(1) Any land or interest in land with respect to the
property identified in paragraphs (1), (2), or (3) of section
102(b).
(2) Up to 10 acres of land adjacent to or in the general
proximity of the property identified in paragraphs (1), (2), or
(3) of section 102(b), for the development of visitor,
administrative, museum, curatorial, and maintenance facilities.
(3) Personal property associated with, and appropriate for,
the interpretation of the historic park.
SEC. 104. ADMINISTRATION.
(a) In General.--The Secretary shall administer the historic park
in accordance with this title and the provisions of law generally
applicable to units of the National Park System, including the Act of
August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935
(16 U.S.C. 461 et seq.).
(b) Cooperative Agreements.--
(1) In general.--To further the purposes of this title, the
Secretary may enter into a cooperative agreement with any
interested individual, public or private agency, organization,
or institution.
(2) Contrary purposes.--Any payment made by the Secretary
pursuant to a cooperative agreement under this subsection shall
be subject to an agreement that conversion, use, or disposal of
the project so assisted for purposes contrary to the purpose of
this title, as determined by the Secretary, shall result in a
right of the United States to reimbursement of all funds made
available to such a project or the proportion of the increased
value of the project attributable to such funds as determined
at the time of such conversion, use, or disposal, whichever is
greater.
(c) Technical and Preservation Assistance.--The Secretary may
provide to any person technical assistance for the preservation of
historic structures of, the maintenance of the cultural landscape of,
and local preservation planning for, the historic park.
SEC. 105. GENERAL MANAGEMENT PLAN.
(a) In General.--Not later than the last day of the third fiscal
year beginning after the date of enactment of this Act, the Secretary
shall, in consultation with the officials described in subsection (b),
prepare a general management plan for the historic park.
(b) Officials Consulted.--The officials described in this
subsection are--
(1) an appropriate official of each appropriate political
subdivision of the Commonwealth of Pennsylvania that has
jurisdiction over all or a portion of the historic park; and
(2) an appropriate official of the Steel Industry Heritage
Corporation.
(c) Submission of Plan to Congress.--Upon the completion of the
general management plan, the Secretary shall submit a copy of the plan
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives.
SEC. 106. DEFINITIONS.
For purposes of this title, the following definitions shall apply:
(1) Historic park.--The term ``historic park'' means the
Steel Industry National Historic Park established by section
102.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
TITLE II--EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC TRAIL
SEC. 201. DESIGNATION OF ALLEGHENY TRAIL ALLIANCE TRAILS AS COMPONENTS
OF POTOMAC HERITAGE NATIONAL SCENIC TRAIL.
Section 5(a)(11) of the National Trails System Act (16 U.S.C.
1244(a)(11)) is amended by inserting before the last sentence the
following: ``Consistent with the preceding sentence, the Secretary of
the Interior shall designate the approximately 214-mile system of
trails between Cumberland, Maryland, and Pittsburgh, Pennsylvania,
known as the Allegheny Trail Alliance Trails, as depicted on the map
entitled `Cumberland and Pittsburgh Trail' and dated July 24, 2000, as
official components of the Potomac Heritage National Scenic Trail.''. | Authorizes the Secretary to: (1) enter into a cooperative agreement for Park purposes; and (2) provide technical assistance for the preservation of Park structures, maintenance of the cultural landscape, and local Park preservation planning.
Directs the Secretary to prepare and submit to specified congressional committees a Park general management plan.
Authorizes appropriations.
Title II: Extension of Potomac Heritage National Scenic Trail
- Amends the National Trails System Act to direct the Secretary to designate the system of trails between Cumberland, Maryland, and Pittsburgh, Pennsylvania, known as the Allegheny Trail Alliance Trails as components of the Potomac Heritage National Scenic Trail. | {"src": "billsum_train", "title": "Steel Industry National Historic Park Act of 2000"} | 1,568 | 143 | 0.40978 | 1.242178 | 0.492172 | 4.132231 | 11.512397 | 0.92562 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wire Transfer Fairness and
Disclosure Act of 2001''.
SEC. 2. DISCLOSURE OF EXCHANGE RATES IN CONNECTION WITH INTERNATIONAL
MONEY TRANSFERS.
(a) In General.--The Electronic Fund Transfer Act (15 U.S.C. 1693
et seq.) is amended--
(1) by redesignating sections 918, 919, 920, and 921 as
sections 919, 920, 921, and 922, respectively; and
(2) by inserting after section 917 the following new
section:
``SEC. 918. DISCLOSURE OF EXCHANGE RATES IN CONNECTION WITH
INTERNATIONAL MONEY TRANSFERS.
``(a) Definitions.--
``(1) International money transfer.--The term
`international money transfer' means any money transmitting
service involving an international transaction which is
provided by a financial institution or a money transmitting
business.
``(2) Money transmitting service.--The term `money
transmitting service' has the meaning given to such term in
section 5330(d)(2) of title 31, United States Code.
``(3) Money transmitting business.--The term `money
transmitting business' means any business which--
(A) provides check cashing, currency exchange, or
money transmitting or remittance services, or issues or
redeems money orders, travelers' checks, and other
similar instruments; and
(B) is not a depository institution (as defined in
section 5313(g) of title 31, United States Code).
``(b) Exchange Rate and Fees Disclosures Required.--
``(1) In general.--Any financial institution or money
transmitting business which initiates an international money
transfer on behalf of a consumer (whether or not the consumer
maintains an account at such institution or business) shall
provide the following disclosures in the manner required under
this section:
``(A) The exchange rate used by the financial
institution or money transmitting business in
connection with such transaction.
``(B) The exchange rate prevailing at a major
financial center of the foreign country whose currency
is involved in the transaction, as of the close of
business on the business day immediately preceding the
date of the transaction (or the official exchange rate,
if any, of the government or central bank of such
foreign country).
``(C) All commissions and fees charged by the
financial institution or money transmitting business in
connection with such transaction.
``(D) The exact amount of foreign currency to be
received by the recipient in the foreign country, which
shall be disclosed to the consumer before the
transaction is consummated and printed on the receipt
referred to in paragraph (3).
``(2) Prominent disclosure inside and outside the place of
business where an international money transfer is initiated.--
The information required to be disclosed under subparagraphs
(A)(B) and (C) of paragraph (1) shall be prominently displayed
on the premises of the financial institution or money
transmitting business both at the interior location to which
the public is admitted for purposes of initiating an
international money transfer and on the exterior of any such
premises.
``(3) Prominent disclosure in all receipts and forms used
in the place of business where an international money transfer
is initiated.--The information required to be disclosed under
paragraph (1) shall be prominently displayed on all forms and
receipts used by the financial institution or money
transmitting business when initiating an international money
transfer in such premises.
``(c) Advertisements in Print, Broadcast, and Electronic Media and
Outdoor Advertising.--The information required to be disclosed under
subparagraphs (A) and (C) of subsection (b)(1) shall be included--
``(1) in any advertisement, announcements, or solicitation
which is mailed by the financial institution or money
transmitting business and pertains to international money
transfer; or
``(2) in any print, broadcast, or electronic medium or
outdoor advertising display not on the premises of the
financial institution or money transmitting business and
pertaining to international money transfer.
``(d) Disclosures in Languages Other Than English.--The disclosures
required under this section shall be in English and in the same
language as that principally used by the financial institution or money
transmitting business, or any of its agents, to advertise, solicit, or
negotiate, either orally or in writing, at that office if other than
English.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect at the end of the 3-month period beginning on the date of
the enactment of this Act. | Wire Transfer Fairness and Disclosure Act of 2001 - Amends the Electronic Fund Transfer Act to require a financial institution or money transmitting business initiating an international money transfer on behalf of a consumer to disclose prominently on its premises and on its forms and receipts: (1) the exchange rate used in the transaction; (2) the exchange rate prevailing at a major financial center of the pertinent foreign country as of close of business on the business day immediately preceding the transaction date; (3) all commissions and fees charged in such transaction; and (4) the exact amount of foreign currency to be received by the consumer in the foreign country.Requires such information to be: (1) included in print, broadcast, and electronic advertisements; and (2) in English and in the same language as principally used by the institution or money transmitting business to advertise, solicit, or negotiate at that office if other than English. | {"src": "billsum_train", "title": "To amend the Electronic Fund Transfer Act to require additional disclosures relating to exchange rates in transfers involving international transactions."} | 1,027 | 189 | 0.632154 | 1.962171 | 0.85386 | 4.02809 | 5.269663 | 0.960674 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Fraud Accountability Act
of 2002''.
SEC. 2. HIGHER MAXIMUM PENALTIES FOR MAIL AND WIRE FRAUD.
(a) Mail Fraud.--Section 1341 of title 18, United 5 States Code, is
amended by striking ``five'' and inserting ``20''.
(b) Wire Fraud.--Section 1343 of title 18, United States Code, is
amended by striking ``five'' and inserting ``20''.
(c) Securities Fraud.--Chapter 63 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 1348. Securities fraud
``Whoever knowingly executes a scheme or artifice--
``(1) to defraud any person in connection with any security
registered under section 12 or 15(d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78l, 78o(d)) or section 6 of the
Securities Act of 1933 (15 U.S.C. 77f); or
``(2) to obtain, by means of false or fraudulent pretenses,
representations, or promises, any money or property in
connection with the purchase or sale of any security registered
under section 12 or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78l, 78o(d)) or section 6 of the Securities Act
of 1933 (15 U.S.C. 77f),
shall be fined under this title, or imprisoned not more than 25 years,
or both.''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 63 of title 18, United States Code, is amended by adding at the
end the following:
``1348. Securities fraud.''.
SEC. 3. TAMPERING WITH A RECORD OR OTHERWISE IMPEDING AN OFFICIAL
PROCEEDING.
Section 1512 of title 18, United States Code, is amended--
(1) by redesignating subsections (c) through (i) as
subsections (d) through (j), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Whoever corruptly--
``(1) alters, destroys, mutilates, or conceals a record,
document, or other object, or attempts to do so, with the
intent to impair the object's integrity or availability for use
in an official proceeding; or
``(2) otherwise obstructs, influences, or impedes any
official proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20 years,
or both.''.
SEC. 4. AMENDMENT TO THE FEDERAL SENTENCING GUIDELINES.
(a) Request for Immediate Consideration by The United States
Sentencing Commission.--Pursuant to its authority under section 994(p)
of title 28, United States Code, and in accordance with this section,
the United States Sentencing Commission is requested to--
(1) promptly review the sentencing guidelines applicable to
securities and accounting fraud and related offenses;
(2) expeditiously consider the promulgation of new
sentencing guidelines or amendments to existing sentencing
guidelines to provide an enhancement for officers or directors
of publicly traded corporations who commit fraud and related
offenses; and
(3) submit to Congress an explanation of actions taken by
the Sentencing Commission pursuant to paragraph (2) and any
additional policy recommendations the Sentencing Commission may
have for combating offenses described in paragraph (1).
(b) Considerations in Review.--In carrying out this section, the
Sentencing Commission is requested to--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of securities, pension,
and accounting fraud and the need for aggressive and
appropriate law enforcement action to prevent such offenses;
(2) assure reasonable consistency with other relevant
directives and with other guidelines;
(3) account for any aggravating of mitigating circumstances
that might justify exceptions, including circumstances for
which the sentencing guidelines currently provide sentencing
enhancements;
(4) ensure that guideline offense levels and enhancements
for an obstruction of justice offense are adequate in cases
where documents or other physical evidence are actually
destroyed or fabricated;
(5) ensure that the guideline offense levels and
enhancements under United States Sentencing Guideline 2B1.1 (as
in effect on the date of enactment of this Act) are sufficient
for a fraud offense when the number of victims adversely
involved is significantly greater than 50;
(6) make any necessary conforming changes to the sentencing
guidelines; and
(7) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553 (a)(2) of title 18,
United States Code.
(c) Emergency Authority and Deadline For Commission Action.--The
United States Sentencing Commission is requested to promulgate the
guidelines or amendments provided for under this sections as soon as
practicable, and in any event not later than the 120 days after the
date of enactment of this Act, in accordance with the procedures sent
forth in section 21(a) of the Sentencing Reform Act of 1987, as though
the authority under that Act had not expired.
SEC. 5. DEBTS NONDISCHARGEABLE IF INCURRED IN VIOLATION OF SECURITIES
FRAUD LAWS.
Section 523(a) of title 11, United States Code, is amended--
(1) in paragraph (17), by striking ``or'' after the
semicolon;
(2) in paragraph (18), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end, the following:
``(19) that--
``(A) is a claim for--
``(i) the violation of any of the Federal
securities laws (as that term is defined in
section 3(a)(47) of the Securities Exchange Act
of 1934), any of the State securities laws, or
any regulation or order issued under such
Federal or State securities laws; or
``(ii) common law fraud, deceit, or
manipulation in connection with the purchase or
sale of any security; and
``(B) results, in relation to any claim described
in subparagraph (A), from--
``(i) any judgment, order, consent order,
or decree entered in any Federal or State
judicial or administrative proceeding;
``(ii) any settlement agreement entered
into by the debtor; or
``(iii) any court or administrative order
for any damages, fine, penalty, citation,
restitutionary payment, disgorgement payment,
attorney fee, cost, or other payment owed by
the debtor.''.
SEC. 6. CORPORATE RESPONSIBILITY FOR FINANCIAL REPORTS.
(a) In General.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1349. Failure of corporate officers to certify financial reports
``(a) Certification of Periodic Financial Reports.--Each periodic
report containing financial statements filed by an issuer with the
Securities Exchange Commission pursuant to section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) shall
be accompanied by a written statement by the chairman of the board,
chief executive officer, and chief financial officer (or equivalent
thereof) of the issuer.
``(b) Content.--The statement required under subsection (a) shall
certify that those financial statements fairly and accurately
represent, in all material respects, the operations and financial
condition of the issuer.
``(c) Criminal Penalties.--Whoever--
``(1) knowingly violates this section shall be fined not
more than $1,000,000, or imprisoned not more than 10 years, or
both; or
``(2) willfully violates this section shall be fined not
more than $5,000,000, or imprisoned not more than 20 years, or
both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 63 of title 18, United States Code, is amended by adding at the
end the following:
``1349. Failure of corporate officers to certify financial reports.''.
SEC. 7. ATTEMPTS AND CONSPIRACIES TO COMMIT CRIMINAL OFFENSES.
(a) In General.--Chapter 1 of title 18, United States Code, is
amended by inserting before section 2 the following:
``Sec. 1. Attempt and conspiracy
``Any person who attempts or conspires to commit any offense
against the United States shall be subject to the same penalties as
those prescribed for the offense, the commission of which was the
object of the attempt or conspiracy.
(b) Clerical Amendment.--The table of sections at the beginning of
title 18, United States Code, is amended so that the item relating to
section 1 reads as follows:
``1. Attempt and conspiracy.''.
SEC. 8. INCREASED CRIMINAL PENALTIES UNDER SECURITIES EXCHANGE ACT OF
1934.
Section 32(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78ff(a)) is amended--
(1) by striking ``$1,000,000, or imprisoned not more than
10 years'' and inserting ``$5,000,000, or imprisoned not more
than 20 years''; and
(2) by striking ``$2,500,000'' and inserting
``$25,000,000''.
SEC. 9. TEMPORARY FREEZE AUTHORITY FOR THE SECURITIES AND EXCHANGE
COMMISSION.
(a) In General.--Section 21C(c) of the Securities Exchange Act of
1934 (15 U.S.C. 78u-3(c)) is amended by adding at the end the
following:
``(3) Temporary freeze.--
``(A) In general.--
``(i) Issuance of temporary order.--
Whenever, during the course of a lawful
investigation involving possible violations of
the Federal securities laws by an issuer of
publicly traded securities or any of its
directors, officers, partners, controling
persons, agents, or employees, it shall appear
to the Commission that it is likely that the
issuer will make extraordinary payments
(whether compensation of otherwise) to any of
the foregoing persons, the Commission may
petition a Federal district court for a
temporary order requiring the issuer to escrow,
subject to court supervision, those payments in
an interest-bearing account for 45 days.
``(ii) Standard.--A temporary order shall
be entered under clause (i), only after notice
and opportunity for a hearing, unless the court
determines that notice and hearing prior to
entry of the order would be impracticable or
contrary to the public interest.
``(iii) Effective period.--A temporary
order issued under clause (i) shall--
``(I) become effective immediately;
``(II) be served upon the parties
subject to it; and
``(III) unless set aside, limited
or suspended by a court of competent
jurisdiction, shall remain effective
and enforceable for 45 days.
``(iv) Extensions authorized.--The
effective period of an order under this
subparagraph may be extended by the court upon
good cause shown for not longer than 45
additional days, provided that the combined
period of the order shall not exceed 90 days.
``(B) Process on Determination of violations.--
``(i) Violations charged.--If the issuer or
other person described in subparagraph (A) is
charged with any violation of the Federal
securities laws before the expiration of the
effective period of a temporary order under
subparagraph (A) (including any applicable
extension period), the order shall remain in
effect, subject to court approval, until the
conclusion of any legal proceedings related
thereto, and the affected issuer or other
person, shall have the right to petition the
court for review of the order.
``(ii) Violations not charged.--If the
issuer or other person described in
subparagraph (A) is not charged with any
violation of the Federal securities laws before
the expiration of the effective period of a
temporary order under subparagraph (A)
(including any applicable extension period),
the escrow shall terminate at the expiration of
the 45-day effective period (or the expiration
of any extension period, as applicable), and
the disputed payments (with accrued interest)
shall be returned to the issuer or other
affected person.''.
(b) Technical Amendment.--Section 21C(c)(2) of the Securities
Exchange Act of 1934 (15 U.S.C. 78u-3(c)(2)) is amended by striking
``This'' and inserting ``paragraph (1)''.
SEC. 10. AUTHORITY OF THE COMMISSION TO PROHIBIT PERSONS FROM SERVING
AS OFFICERS OR DIRECTORS.
(a) Securities Exchange Act of 1934.--Section 21C of the Securities
Exchange Act of 1934 (15 U.S.C. 78u-3) is amended by adding at the end
the following:
``(f) Authority of the Commission to Prohibit Persons From Serving
as Officers or Directors.--In any cease-and-desist proceeding under
subsection (a), the Commission may issue an order to prohibit,
conditionally or unconditionally, and permanently or for such period of
time as it shall determine, any person who has violated section 10(b)
or the rules or regulations thereunder, from acting as an officer or
director of any issuer that has a class of securities registered
pursuant to section, or that is required to file reports pursuant to
section (d), if the conduct of that person demonstrates unfitness to
serve as an officer or director of any such issuer.''.
(b) Securities Act of 1933.--Section 8A of the Securities Act of
1933 (15 U.S.C. 77h-1) is amended by adding at the end of the
following:
``(f) Authority of the Commission to Prohibit Persons From Serving
as Officers or Directors.--In any cease-and-desist proceeding under
subsection (a), the Commission may issue an order to prohibit,
conditionally or unconditionally, and permanently or for such period of
time as it shall determine, any person who has violated section
17(a)(1) or the rules or regulations thereunder, from acting as an
officer or director of any issuer that has a class of securities
registered pursuant to section of the Securities Exchange Act of 1934,
or that is required to file reports pursuant to section 15(d) of that
Act, if the conduct of that person demonstrates unfitness to serve as
an officer or director of any such issuer.''.
SEC. 11. RETALIATION AGAINST INFORMANT.
(a) In General.--Section 1513 of title 18, United States Code, is
amended by adding at the end the following:
``(e) Whoever knowingly, with the intent to retaliate, takes any
action harmful to any person, including interference with the lawful
employment or livelihood of any person, for providing to a law
enforcement officer any truthful information relating to the commission
or possible commission of any Federal offense, shall be fined under
this title or imprisoned not more than 10 years, or both.''.
Passed the House of Representatives July 16, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | Corporate Fraud Accountability Act of 2002 - Amends Federal criminal law to: (1) increase the maximum penalties for mail fraud and for wire fraud; and (2) establish criminal penalties for knowing perpetration of securities fraud and for tampering with a record or otherwise impeding an official proceeding.(Sec. 4) Requests the United States Sentencing Commission to: (1) promptly review sentencing guidelines applicable to securities and accounting fraud; and (2) expeditiously consider promulgation of new sentencing guidelines to provide an enhancement for officers of directors of publicly traded corporations who commit fraud and related offenses. Prescribes guidelines for Commission consideration, including a request that it ensure that the sentencing guidelines and policy statements reflect the serious nature of securities, pension, and accounting fraud and the need for aggressive and appropriate law enforcement action to prevent such offenses. Sets a deadline for promulgation of such guidelines.(Sec. 5) Amends Federal bankruptcy law to declare nondischargeable in bankruptcy debts that have been incurred in violation of Federal or State laws governing securities fraud, deceit, or manipulation.(Sec. 6) Amends Federal criminal law to mandate that senior corporate officers certify in writing that financial statements fairly and accurately represent in all material aspects the operations and financial condition of the issuer.Subjects senior corporate officers to criminal liability for violations of this requirement, including: (1) maximum imprisonment of ten years for knowingly violating financial report requirements; and (2) maximum imprisonment of 20 years for willfully violating such requirements.(Sec. 7) Subjects any attempt or conspiracy to commit any offense against the United States to the same penalties as those prescribed for the offense.(Sec. 8) Amends the Securities Exchange Act of 1934 to: (1) increase criminal penalties for violations; and (2) authorize the Securities and Exchange Commission (SEC) to seek a temporary injunction to freeze extraordinary payments earmarked for designated persons or corporate staff under investigation for possible violations of Federal securities laws.(Sec. 10) Amends the Securities Exchange Act of 1934 and the Securities Act of 1933 to authorize the SEC to prohibit violators of certain provisions from serving as officers or directors of a publicly traded corporation.(Sec. 11) Amends Federal criminal law to establish criminal penalties for intentional retaliation against any person who has provided information to a law enforcement officer regarding the commission of a Federal offense. | {"src": "billsum_train", "title": "To provide for enhanced penalties for accounting and auditing improprieties at publicly traded companies, and for other purposes."} | 3,519 | 534 | 0.5103 | 1.65454 | 0.64929 | 3.086247 | 7.118881 | 0.871795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Flood Insurance Act of
2015''.
SEC. 2. APPEALS OF PROJECTED SPECIAL FLOOD HAZARD AREAS.
(a) Burden of Proof.--
(1) Appeals to fema.--Section 1363 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104) is amended by adding at
the end the following new subsection:
``(h) Burden of Proof.--In any appeal to the Administrator, or any
judicial review of a final administrative determination, regarding the
designation of flood elevation determinations or the identification of
special flood hazard areas, the Administrator shall have the burden of
proving, by clear and convincing evidence, that the elevations proposed
by the Administrator or the designation of an identified special flood
hazard area, as the case may be, is scientifically and technically
correct.''.
(2) Determinations by scientific resolution panel.--
Subsection (c) of section 1363A of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104-1(c)) is amended--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) Burden of proof.--The Scientific Resolution Panel may
not resolve a dispute submitted under this section in favor of
the Administrator unless the Panel determines, by clear and
convincing evidence, that the data and determinations of the
Administrator involved in the dispute are scientifically and
technically correct.''.
(b) Deadline for Appeals.--
(1) In general.--Section 1363 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104) is amended--
(A) in subsection (b), by striking ``ninety-day''
and inserting ``6-month''; and
(B) in subsections (c) and (d), by striking
``ninety days'' each place such term appears and
inserting ``6 months''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply with respect to second newspaper publications of
notifications of the Administrator of the Federal Emergency
Management Agency referred to in section 1363(b) of the
National Flood Insurance Act of 1968 that occur after the date
of the enactment of this Act.
(c) Reimbursement for Costs of Appeal.--
(1) Applicability; implementation.--Subsection (f) of
section 1363 of the National Flood Insurance Act of 1968 (42
U.S.C. 4104(f)) is amended--
(A) by striking the first sentence and inserting
the following: ``When, incident to any appeal that is
successful, in whole or part, regarding the designation
of any aspect of a flood map, including elevation or
designation of a special flood hazard area, the
community, owner, or lessee of real property, as the
case may be, incurs expense in connection with the
appeal, including for legal services and services
provided by surveyors, engineers, and scientific
experts, the Administrator shall reimburse such
individual or community for reasonable expenses to an
extent measured by the ratio of the successful portion
of the appeal as compared to the entire appeal. Any
successful appeal shall be entitled to such
reimbursement and reimbursement shall not be contingent
upon filing within the 6-month periods referred to in
subsections (c) and (d).'' ; and
(B) by striking the last sentence and inserting the
following: ``The Administrator shall issue guidance to
implement this subsection, which shall not be subject
to the notice and comment requirements under section
553 of title 5, United States Code.''.
(2) Deadline.--The Administrator of the Federal Emergency
Management Agency shall issue the guidance referred to in the
last sentence of section 1363 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104(f)), as amended by paragraph (1)(B)
of this subsection, not later than the expiration of the 6-
month period beginning on the date of the enactment of this
Act.
SEC. 3. REVISIONS OF EXISTING FLOOD INSURANCE MAPS; APPEALS.
(a) Updating of Maps.--Subsection (f) of section 1360 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)) is amended to
read as follows:
``(f) Updating of Flood Maps.--
``(1) Upon necessity or request.--The Administrator shall
revise and update any floodplain areas and flood-risk zones--
``(A) upon the determination of the Administrator,
according to the assessment under subsection (e) of
this section, that revision and updating are necessary
for the areas and zones;
``(B) upon the request from any State or local
government stating that specific floodplain areas or
flood-risk zones in the State or locality need revision
or updating, if sufficient technical data justifying
the request is submitted; or
``(C) upon the request from any owner or lessee of
real property located in a floodplain area or flood-
risk zone if sufficient technical data justifying the
request is submitted.
``(2) Request by state or local government.--When the
Administrator revises and updates any floodplain area or flood-
risk zone pursuant to a request from any State or local
government, the Administrator shall provide to that State or
local government a Letter of Map Revision, Letter of Map
Revision Based on Fill, or physical map revision, as
appropriate, that includes a description of any revisions or
modifications to such floodplain area or flood-risk zone.
``(3) Request by owner or lessee.--When the Administrator
revises and updates any floodplain area or flood-risk zone
pursuant to a request from any owner or lessee of real
property, the Administrator shall provide to that owner of
lessee a Letter of Map Amendment, Letter of Map Amendment Based
on Fill, Letter of Map Revision, or Letter of Map Revision
Based on Fill, as appropriate, that includes a description of
any revisions or modifications to such floodplain area or
flood-risk zone.
``(4) Revision of flood maps.--Any updates of flood maps,
notifications of flood map changes, and compendia of flood map
changes required by this section shall reflect any changes made
pursuant to paragraphs (2) and (3) occurring since the most
recent such update, notification, or compendia,
respectively.''.
SEC. 4. APPEALS REGARDING EXISTING FLOOD MAPS.
(a) In General.--Section 1360 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4101) is amended by adding at the end the following
new subsection:
``(k) Appeals of Existing Maps.--
``(1) Right to appeal.--A State or local government, or the
owner or lessee of real property, who has made a formal request
to the Administrator to update a flood map that the
Administrator has denied may at any time appeal such a denial
as provided in this subsection.
``(2) Basis for appeal.--The basis for appeal under this
subsection shall be the possession of knowledge or information
that--
``(A) the base flood elevation level or designation
of any aspect of a flood map is scientifically or
technically inaccurate; or
``(B) factors exist that mitigate the risk of
flooding, including ditches, banks, walls, vegetation,
levees, lakes, dams, reservoirs, basin, retention
ponds, and other natural or manmade topographical
features.
``(3) Appeals process.--
``(A) Administrative adjudication.--An appeal under
this subsection shall be determined by a final
adjudication on the record, and after opportunity for
an administrative hearing.
``(B) Rights upon adverse decision.--If an appeal
pursuant to subparagraph (A) does not result in a
decision in favor of the State, local government,
owner, or lessee, such party may appeal the adverse
decision to--
``(i) the Scientific Resolution Panel
provided for in section 1363A, which shall
recommend a non-binding decision to the
Administrator; or
``(ii) the Federal district court of
appropriate jurisdiction.
An appeal by a State or local government, or the owner
or lessee of real property, pursuant to clause (i)
shall not preclude such party from further appealing
pursuant to clause (ii).
``(C) Burden of proof.--In any appeal under this
subsection, the Administrator shall bear the burden of
proving, by clear and convincing evidence, that the
elevations proposed by the Administrator or the
designation of any aspect of the special flood hazard
area, as the case may be, is scientifically and
technically correct.
``(4) Relief.--
``(A) Wholly successful appeals.--In the case of a
successful appeal resulting in a policyholder's
property being removed from a special flood hazard
area, such policyholder may cancel the policy at any
time within the current policy year, and the
Administrator shall provide such policyholder a refund
in the amount of any premiums paid for such policy
year, plus any premiums paid for flood insurance
coverage that the policyholder was required to purchase
or maintain during the 2-year period preceding such
policy year.
``(B) Partially successful appeals.--In the case of
any appeal in which mitigating factors were determined
to have reduced, but not eliminated, the risk of
flooding, the Administrator shall reduce the amount of
flood insurance coverage required to be maintained for
the property concerned by the ratio of the successful
portion of the appeal as compared to the entire appeal.
The Administrator shall refund to the policyholder any
payments made in excess of the amount necessary for
such new coverage amount, effective from the time when
the mitigating factor was created or the beginning of
the second policy year preceding the determination of
the appeal, whichever occurred later.
``(C) Additional relief.--The Administrator may
provide additional refunds in excess of the amounts
specified in subparagraphs (A) and (B) if the
Administrator determines that such additional amounts
are warranted.
``(5) Recovery of costs.-- When, incident to any appeal
which is successful in whole or part regarding the designation
of the base flood elevation or any aspect of the flood map,
including elevation or designation of a special flood hazard
area, the community, or the owner or lessee of real property,
as the case may be, incurs expense in connection with the
appeal, including legal services and services provided by
surveyors, engineers, and scientific experts, the Administrator
shall reimburse such individual or community for reasonable
expenses to an extent measured by the ratio of the successful
portion of the appeal as compared to the entire appeal. The
Administrator may use such amounts from the National Flood
Insurance Fund established under section 1310 as may be
necessary to carry out this paragraph.
``(6) Guidance.--The Administrator shall issue guidance to
implement this subsection, which shall not be subject to the
notice and comment requirements under section 553 of title 5,
United States Code.''.
(b) Deadline.--The Administrator of the Federal Emergency
Management Agency shall issue the guidance referred to section
1361(k)(6) of the National Flood Insurance Act of 1968 (42 U.S.C.
4101(k)(6)), as added by the amendment made by subsection (a) of this
section, not later than the expiration of the 6-month period beginning
on the date of the enactment of this Act.
SEC. 5. CONSIDERATION OF FLOOD MITIGATION FACTORS IN ESTABLISHING FLOOD
HAZARD AREAS.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), as amended by the preceding provisions of this Act, is further
amended by adding at the end the following new subsection:
``(l) Consideration of Flood Mitigation Factors.--In identifying,
designating, and establishing any areas having special flood hazards,
including in reviewing, revising, or updating of such areas, the
Administrator and the Technical Mapping Advisory Council established
under section 100215 of the Biggert-Waters Flood Insurance Reform Act
of 2012 (42 U.S.C. 4101a) shall take into consideration any factors
that mitigate against flood risk, including ditches, banks, walls,
vegetation, levees, lakes, dams, reservoirs, basin, and retention
ponds, and the extent to which such factors mitigate against flood
risk.''.
SEC. 6. CONSIDERATION OF COASTAL AND INLAND LOCATIONS IN PREMIUM RATES.
(a) Estimates of Premium Rates.--Clause (i) of section
1307(a)(1)(A) of the National Flood Insurance Act of 1968 (42 U.S.C.
4014(a)(1)(A)(i)) is amended by inserting ``, taking into consideration
differences between properties located in coastal areas and properties
located inland,'' after ``the risk involved''.
(b) Establishment of Chargeable Premium Rates.--Paragraph (1) of
section 1308(b) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(b)(1)) is amended by inserting ``due to differences between
properties located in coastal areas and properties located inland and''
after ``differences in risks''.
(c) Rate Tables.--Not later than the expiration of the 180-day
period beginning on the date of the enactment of this Act, the
Administrator of the Federal Emergency Management Agency shall revise
and expand the rate tables for premiums under the National Flood
Insurance Program to implement the amendments made by this section and
reflect differences between properties located in coastal areas and
properties located inland.
SEC. 7. STREAMLINING OF FLOOD MAP PROCESSES.
The Administrator of the Federal Emergency Management Agency shall
consult with the Technical Mapping Advisory Council established under
section 100215 of the Biggert-Waters Flood Insurance Reform Act of 2012
(42 U.S.C. 4101a) regarding methods of or actions to--
(1) make the flood map processes of the Council more
efficient;
(2) minimize any cost, data, and paperwork requirements of
the Council; and
(3) assist communities, and in particular smaller
communities, in locating the resources required to successfully
appeal flood elevations and flood hazard area designations.
Not later than the expiration of the 1-year period beginning on the
date of the enactment of this Act, the Administrator shall submit a
report to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate setting forth any recommendations for methods or
actions developed pursuant to the consultation required under this
section.
SEC. 8. SUFFICIENT STAFFING FOR OFFICE OF FLOOD INSURANCE ADVOCATE.
(a) In General.--Section 24 of the Homeowner Flood Insurance
Affordability Act of 2014 (42 U.S.C. 4033) is amended by adding at the
end the following new subsection:
``(c) Staff.--The Administrator shall ensure that the Flood
Insurance Advocate has sufficient staff to carry out all of the duties
and responsibilities of the Advocate under this section, which shall
include providing direction as necessary, including by direct
conversations with insurance agents.''.
(b) Timing.--The Administrator of the Federal Emergency Management
Agency shall take such actions as may be necessary to provide for full
compliance with section 24(c) of the Homeowner Flood Insurance
Affordability Act of 2014, as added by the amendment made by subsection
(a) of this section, not later than the expiration of the 180-day
period beginning on the date of the enactment of this Act.
SEC. 9. GAO STUDY ON ADEQUACY OF FLOOD MAPS.
The Comptroller General of the United States shall conduct a study
to determine the scientific and technical adequacy of the flood maps
proposed and established pursuant to chapter III of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101 et seq.) by the Administrator of
the Federal Emergency Management Agency. Not later than the expiration
of the 6-month period beginning on the date of the enactment of this
Act, the Comptroller General shall submit a report to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate a report setting
forth the results and conclusions of the study conducted pursuant to
this section.
SEC. 10. GAO STUDY OF EFFECTS OF CHANGING BASE FLOOD.
The Comptroller General of the United States shall conduct a study
regarding the effects on the National Flood Insurance Program and
otherwise of changing the standard for designation of areas as special
flood hazard areas from having a 1 percent or greater chance of
experiencing flooding in any given year to having a 10 percent or
greater chance of experiencing flooding in any given year. Not later
than the expiration of the 180-day period beginning on the date of the
enactment of this Act, the Comptroller General shall submit to the
Congress a report setting forth the findings and conclusions of the
study conducted pursuant to this section. | Fairness in Flood Insurance Act of 2015 This bill amends the National Flood Insurance Act of 1968 to declare that, in any appeal to the Federal Emergency Management Agency (FEMA), or any judicial review of a final administrative determination, regarding the designation of flood elevation determinations or the identification of special flood hazard areas, FEMA shall have the burden of proving, by clear and convincing evidence, that the elevations proposed or the designation of an identified special flood hazard area is scientifically and technically correct. FEMA shall: reimburse the reasonable legal and related expenses of any individual or community that succeeds on such an appeal; and revise and update any floodplain areas and flood-risk zones upon the request from any owner or lessee of real property located in a floodplain area or flood-risk zone (currently, only upon the request of FEMA or of a state or local government), if sufficient technical data justifying the request is submitted. A state or local government, or the owner or lessee of real property, who has formally requested FEMA to update a flood map that FEMA has denied may at any time appeal the denial according to a specified procedure. The basis for appeal shall be possession of knowledge or information that: the base flood elevation level or designation of any aspect of a flood map is scientifically or technically inaccurate; or specified factors exist, including natural or manmade topographical features, that mitigate the risk of flooding. These flood mitigation factors shall also be considered in the establishment and updating of areas with special flood hazards. When estimating risk premium rates for flood insurance, and prescribing chargeable premium rates, FEMA shall take into consideration the differences between properties located in coastal areas and properties located inland. FEMA shall consult with the Technical Mapping Advisory Council about methods of making or actions to make the Council's flood map processes more efficient and achieve other specified goals. The Homeowner Flood Insurance Affordability Act of 2014 is amended to require FEMA to ensure that the Flood Insurance Advocate has sufficient staff to carry out all of the Advocate's duties and responsibilities, which shall include providing direction as necessary, including by direct conversations with insurance agents. The Government Accountability Office shall study: the scientific and technical adequacy of the flood maps FEMA proposes and establishes, and the effects on the National Flood Insurance Program and otherwise of changing the standard for designating special flood hazard areas from having a 1% or greater to having a 10% or greater chance of experiencing flooding in any given year. | {"src": "billsum_train", "title": "Fairness in Flood Insurance Act of 2015"} | 3,867 | 539 | 0.556341 | 1.912799 | 0.597833 | 4.90795 | 7.150628 | 0.912134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Security Innovation &
Reform Act of 2010'' or the ``AIR Act of 2010''.
SEC. 2. CONTINUING SECURITY TRAINING.
Section 44935 of title 49, United States Code, is amended--
(1) by striking ``Under Secretary of Transportation for
Security'' each place it appears and inserting ``Assistant
Secretary of Homeland Security (Transportation Security
Administration)'';
(2) by striking ``Under Secretary'' each place it appears
and inserting ``Assistant Secretary'';
(3) by amending subsection (g) to read as follows:
``(g) Training.--
``(1) Training plan.--The Assistant Secretary shall
establish and implement a plan for the training of
Transportation Security Officers that--
``(A) to the maximum extent practicable, ensures
that the training received by Transportation Security
Officers is standardized; and
``(B) meets the requirements of this subsection.
``(2) General training requirements.--The plan required by
paragraph (1) shall require, at a minimum, that an individual
employed as a Transportation Security Officer--
``(A) receives, before the individual performs any
screening functions as a Transportation Security
Officer, training in basic security screening skills
and in criminal and antiterrorism awareness;
``(B) completes a program that the Assistant
Secretary determines will train individuals to a level
of proficiency to adequately perform on the job;
``(C) successfully completes an up-to-date
technical training examination prescribed by the
Assistant Secretary; and
``(D) in the case of a Transportation Security
Officer who will be responsible for verifying travel
documents, completes up-to-date technical training in
document fraud identification, as considered
appropriate by the Assistant Secretary.
``(3) Equipment-specific training.--An individual employed
as a Transportation Security Officer may not use any security
screening device or equipment in the scope of that individual's
employment unless the individual has been trained on that
device or equipment and has successfully completed a test on
the use of the device or equipment.
``(4) Continuing education.--The plan required by paragraph
(1) shall require an individual employed as a Transportation
Security Officer to receive annual training, as considered
appropriate by the Assistant Secretary.
``(5) Use of other agencies.--The Assistant Secretary may
enter into a memorandum of understanding or other arrangement
with any other Federal agency or department with appropriate
law enforcement responsibilities, to provide personnel,
resources, or other forms of assistance in the training of
Transportation Security Officers.'';
(4) by moving subsection (h) 2 ems to the left; and
(5) by redesignating the second subsection (i) (relating to
accessibility of computer-based training facilities) as
subsection (k).
SEC. 3. OFFICE OF BEHAVIOR ANALYSIS.
Section 114 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security'';
(2) by striking ``Under Secretary of Transportation for
Security'' each place it appears and inserting ``Assistant
Secretary of Homeland Security (Transportation Security
Administration)'';
(3) by striking ``Under Secretary'' each place it appears
and inserting ``Assistant Secretary''; and
(4) by inserting after subsection (s) the following:
``(t) Office of Behavior Analysis.--
``(1) Establishment.--There is established in the
Transportation Security Administration the Office of Behavior
Analysis (in this subsection referred to as the `Office').
``(2) Location.--The Office of Behavior Analysis shall be
within the Office of Security Operations of the Transportation
Security Administration in the Department of Homeland Security
and shall be headed by a Transportation Security Administration
career employee, who shall be appointed by the Assistant
Secretary of Homeland Security (Transportation Security
Administration).
``(3) Duties.--The head of the Office shall be responsible
for--
``(A) advising the Transportation Security
Administration and other Federal, State, and local
government law enforcement agencies on behavior
detection methodologies and best practices; and
``(B) providing behavior assessment training to law
enforcement personnel to facilitate the prevention of
terrorist attacks on aviation and mass transportation
systems.''.
SEC. 4. PARTNERSHIPS WITH STATE AND LOCAL LAW ENFORCEMENT AGENCIES WITH
RESPECT TO BEHAVIOR DETECTION ACTIVITIES.
(a) In General.--The Assistant Secretary of Homeland Security
(Transportation Security Administration) (in this Act referred to as
the ``Assistant Secretary'') shall develop and maintain partnerships
with State and local law enforcement agencies--
(1) to improve the coordination of behavior detection
activities; and
(2) to deploy Transportation Security Officers of the
Transportation Security Administration that specialize in
techniques to identify high-risk individuals based on behavior
patterns (in this Act referred to as ``behavior detection
officers'') to serve as an additional layer of security and to
deter acts of terrorism at train and bus stations and other
infrastructure facilities.
(b) Collaboration in Training and Behavior Detection Activities.--
In implementing partnerships under subsection (a), the Assistant
Secretary shall--
(1) coordinate the provision of behavior detection training
for State and local law enforcement officers with similar
training provided for Transportation Security Officers of the
Transportation Security Administration; and
(2) provide behavior detection officers with the
opportunity to cross-train with State and local law enforcement
agencies and other Federal law enforcement agencies that are
responsible for protecting critical infrastructure facilities
and mass transit systems, as the Assistant Secretary considers
appropriate.
SEC. 5. ACCESS TO INFORMATION DATABASES.
The Assistant Secretary shall--
(1) provide a select group of behavior detection officers
at Passengers by Observation Techniques airports with an
appropriate level of security clearance to access law
enforcement and intelligence databases, to assist in verifying
a passenger's identity, and to assist in law enforcement
operations;
(2) require the Transportation Security Administration's
Transportation Security Operations Center to utilize all of the
law enforcement and intelligence databases available to the
Center when checking passengers that are at the law enforcement
official referral level; and
(3) standardize and streamline threat-reporting guidelines
to allow behavior detection officers or other designated
Transportation Security Administration officials to receive
information from the Transportation Security Operations Center
in a timely manner.
SEC. 6. STANDARDIZATION OF POLICIES OF THE TRANSPORTATION SECURITY
ADMINISTRATION.
The Assistant Secretary shall, to the maximum extent practicable,
continue to ensure the standardization of the security and personnel
procedures of the Transportation Security Administration at airports in
the United States, including by--
(1) requiring standard operating procedures to be
consistently enforced by the Transportation Security
Administration at each airport in the United States;
(2) standardizing career advancement policies based on
merit; and
(3) establishing timeframes and milestones for
systematically conducting evaluations of the Screening of
Passengers by Observation Techniques (SPOT) training program,
in order to ensure behavior detection officers possess the
knowledge and skills needed to perform their duties.
SEC. 7. DEPLOYMENT OF ADDITIONAL SECURITY.
The Assistant Secretary shall--
(1) deploy behavior detection officers to events designated
as National Special Security Events by the Secretary of
Homeland Security; and
(2) deploy Visible Intermodal Prevention and Response teams
at passenger rail facilities to enhance security and cross-
training opportunities for behavior detection officers.
SEC. 8. EMPLOYEE FEEDBACK.
The Assistant Secretary shall establish an electronic medium
through which security screening personnel and behavior detection
officers of the Transportation Security Administration may anonymously
submit feedback to the Assistant Secretary regarding--
(1) the effectiveness of transportation security programs;
and
(2) any management issue that such personnel or any such
Transportation Security Officer wish to bring to the attention
of the Assistant Secretary. | Aviation Security Innovation & Reform Act of 2010 or AIR Act of 2010 - Directs the Assistant Secretary of Homeland Security (Assistant Secretary) (Transportation Security Administration [TSA]) to prescribe employment standards for air carrier personnel and airport security personnel. (Under current law, the Under Secretary of Transportation for Security (Department of Transportation [DOT]) is required to prescribe such standards.)
Revises security screening personnel training plan requirements to require the Assistant Secretary to establish a training plan for TSA Transportation Security Officers (TSOs) that: (1) ensures that TSO training is standardized; and (2) meets certain other requirements, including that each TSO receives training in basic security screening skills and criminal and antiterrorism awareness.
Places the TSA, headed by the Assistant Secretary, under the administration of the Department of Homeland Security (DHS). (Effectively updates federal law to reflect the transfer of the TSA from DOT to DHS in March, 2003.)
Establishes in the TSA the Office of Behavior Analysis, which shall provide behavior assessment training to TSA and other federal, state, and local government law enforcement personnel.
Requires the Assistant Secretary to develop partnerships with state and local law enforcement agencies to: (1) improve coordination of behavior detection activities; and (2) deploy TSOs specializing in techniques to identify high-risk individuals based on behavior patterns (behavior detection officers) to serve as an additional layer of security and to deter terrorism at train and bus stations and other infrastructure facilities.
Directs the Assistant Secretary to: (1) provide a select group of behavior detection officers at Passengers by Observation Techniques airports with an appropriate level of security clearance to access law enforcement and intelligence databases, assist in verifying a passenger's identity, and assist in law enforcement operations; (2) require the TSA Transportation Security Operations Center to use all of the law enforcement and intelligence databases available when checking passengers at the law enforcement official referral level; and (3) standardize and streamline threat-reporting guidelines to allow behavior detection officers or other designated TSA officials to receive Center information in a timely manner.
Directs the Assistant Secretary to continue the standardization of TSA security and personnel procedures at U.S. airports.
Requires the Assistant Secretary to deploy: (1) behavior detection officers to National Special Security Events designated by the DHS Secretary; and (2) Visible Intermodal Prevention and Response teams at passenger rail facilities to enhance security and cross-training opportunities for behavior detection officers.
Directs the Assistant Secretary to establish an electronic medium through which TSOs and behavior detection officers may anonymously submit feedback regarding TSA transportation security programs or management issues. | {"src": "billsum_train", "title": "A bill to standardize training programs of the Transportation Security Administration, to establish an Office of Behavior Analysis in the Transportation Security Administration, to enhance partnerships between the Transportation Security Administration and State and local law enforcement agencies, and for other purposes."} | 1,723 | 568 | 0.602063 | 1.820761 | 0.576555 | 3.885375 | 3.252964 | 0.901186 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Yukon River Salmon Act of 1995''.
SEC. 2. PURPOSES.
It is the purpose of this Act--
(1) to implement the interim agreement for the conservation
of salmon stocks originating from the Yukon River in Canada
agreed to through an exchange of notes between the Government
of the United States and the Government of Canada on February
3, 1995;
(2) to provide for representation by the United States on
the Yukon River Panel established under such agreement; and
(3) to authorize to be appropriated sums necessary to carry
out the responsibilities of the United States under such
agreement.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``Agreement'' means the interim agreement for
the conservation of salmon stocks originating from the Yukon
River in Canada agreed to through an exchange of notes between
the Government of the United States and the Government of
Canada on February 3, 1995;
(2) the term ``Panel'' means the Yukon River Panel
established by the Agreement; and
(3) the term ``Yukon River Joint Technical Committee''
means the technical committee established by paragraph C.2 of
the Memorandum of Understanding concerning the Pacific Salmon
Treaty between the Government of the United States and the
Government of Canada recorded January 28, 1985.
SEC. 4. PANEL.
(a) Representation.--The United States shall be represented on the
Panel by six individuals, of whom--
(1) one (1) shall be an official of the United States
Government with expertise in salmon conservation and
management;
(2) one (1) shall be an official of the State of Alaska
with expertise in salmon conservation and management; and
(3) four (4) shall be knowledgeable and experienced with
regard to the salmon fisheries on the Yukon River.
(b) Appointments.--Panel members shall be appointed as follows:
(1) The Panel member described in subsection (a)(1) shall
be appointed by the Secretary of State.
(2) The Panel member described in subsection (a)(2) shall
be appointed by the Governor of Alaska.
(3) The Panel members described in subsection (a)(3) shall
be appointed by the Governor of Alaska, who shall consider
nominations provided by organizations with expertise in Yukon
River salmon fisheries. The Governor of Alaska shall appoint at
least one member under subsection (a)(3) who is qualified to
represent the interests of Lower Yukon River fishing districts,
and at least one member who is qualified to represent the
interests of Upper Yukon River fishing districts. At least one
of the Panel members under subsection (a)(3) shall be an Alaska
Native.
(c) Alternates.--The Secretary of State and Governor of Alaska may
designate an alternate Panel member for each Panel member they appoint
under subsection (b), who meets the same qualifications, to serve in
the absence of the Panel member.
(d) Term Length.--Panel members and alternate Panel members shall
serve four-year terms. Any individual appointed to fill a vacancy
occurring before the expiration of any term shall be appointed for the
remainder of that term.
(e) Reappointment.--Panel members and alternate Panel members shall
be eligible for reappointment.
(f) Decisions.--Decisions by the United States section of the Panel
shall be made by the consensus of the Panel members appointed under
paragraphs (2) and (3) of subsection (a).
(g) Consultation.--In carrying out their functions under the
Agreement, Panel members may consult with such other interested parties
as they consider appropriate.
SEC. 5. ADVISORY COMMITTEE.
(a) Appointments.--The Governor of Alaska may appoint an Advisory
Committee of not less than eight (8), but not more than twelve (12),
individuals who are knowledgeable and experienced with regard to the
salmon fisheries on the Yukon River. Members of the Advisory Committee
may attend all meetings of the United States section of the Panel, and
shall be given the opportunity to examine and be heard on any matter
under consideration by the United States section of the Panel.
(b) Compensation.--The members of such advisory committee shall
receive no compensation for their services.
(c) Term Length.--Advisory Committee members shall serve two-year
terms. Any individual appointed to fill a vacancy occurring before the
expiration of any term shall be appointed for the remainder of that
term.
(d) Reappointment.--Advisory Committee members shall be eligible
for reappointment.
SEC. 6. EXEMPTION.
The Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall
not apply to the Panel, the Yukon River Joint Technical Committee, or
the Advisory Committee created under section 5 of this Act.
SEC. 7. AUTHORITY AND RESPONSIBILITY.
(a) Responsible Management Entity.--The State of Alaska Department
of Fish and Game shall be the responsible management entity for the
United States for the purposes of the Agreement.
(b) Effect of Designation.--The designation under subsection (a)
shall not be considered to expand, diminish or change the management
authority of the State of Alaska or the Federal Government with respect
to fishery resources.
(c) Recommendations of Panel.--In addition to recommendations made
by the Panel to the responsible management entities in accordance with
the Agreement, the Panel may make recommendations concerning the
conservation and management of salmon originating in the Yukon River to
the Department of Interior, Department of Commerce, Department of
State, North Pacific Fishery Management Council, and other Federal or
State entities as appropriate. Recommendations by the Panel shall be
advisory in nature.
SEC. 8. CONTINUATION OF AGREEMENT.
In the event that the Treaty between Canada and the United States
of America Concerning Pacific Salmon, signed at Ottawa, January 28,
1985, terminates prior to the termination of the Agreement, and the
functions of the Panel are assumed by the ``Yukon River Salmon
Commission'' referenced in the Agreement, the provisions of this Act
which apply to the Panel shall thereafter apply to the Yukon River
Salmon Commission, and the other provisions of this Act shall remain in
effect.
SEC. 9. ADMINISTRATIVE MATTERS.
(a) Panel members and alternate Panel members who are not State or
Federal employees shall receive compensation at the daily rate of GS-16
of the General Schedule when engaged in the actual performance of
duties.
(b) Travel and other necessary expenses shall be paid for all Panel
members, alternate Panel members, United States members of the Joint
Technical Committee, and members of the Advisory Committee when engaged
in the actual performance of duties.
(c) Except for officials of the United States Government,
individuals described in subsection (b) shall not be considered to be
Federal employees while engaged in the actual performance of duties,
except for the purposes of injury compensation or tort claims liability
as provided in chapter 81 of title 5, United States Code, and chapter
71 of title 28, United States Code.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated from time to time such sums
as may be necessary for carrying out the purposes and provisions of the
Agreement and this Act including--
(1) necessary travel expenses of Panel members, alternate
Panel members, United States members of the Joint Technical
Committee, and members of the Advisory Committee in accordance
with Federal Travel Regulations and sections 5701, 5702, 5704
through 5708, and 5731 of title 5, United States Code;
(2) the United States share of the joint expenses of the
Panel and the Joint Technical Committee, provided that Panel
members and alternate Panel members shall not, with respect to
commitments concerning the United States share of the joint
expenses, be subject to section 262(b) of title 22, United
States Code, insofar as it limits the authority of United
States representatives to international organizations with
respect to such commitments; and
(3) by the Secretary of Commerce, $400,000 in each of
fiscal years 1996, 1997, 1998, and 1999 to be contributed to
the Yukon River Restoration and Enhancement Fund and used in
accordance with the Agreement. | Yukon River Salmon Act of 1995 - Provides for the U.S. representation on the Yukon River Panel established by a specified interim agreement between the United States and Canada regarding the conservation of salmon stocks originating from the Yukon River in Canada. Authorizes the Governor of Alaska to appoint a related advisory committee. Designates the State of Alaska Department of Fish and Game the responsible management entity for the United States for the agreement.
Declares that, if a specified treaty between Canada and the United States concerning Pacific salmon terminates prior to termination of the agreement, the functions of the Panel are assumed by the Yukon River Salmon Commission.
Authorizes appropriations to carry out the agreement and this Act. | {"src": "billsum_train", "title": "Yukon River Salmon Act of 1995"} | 1,751 | 155 | 0.709233 | 1.962775 | 0.679175 | 3.70229 | 12.709924 | 0.89313 |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Maritime Law Enforcement
Improvement Act of 2007''.
SEC. 2. MARITIME LAW ENFORCEMENT.
(a) In General.--Subtitle VII of title 46, United States Code, is
amended by adding at the end the following:
``CHAPTER 707--MARITIME LAW ENFORCEMENT
``Sec.
``70701. Offense.
``70702. Attempt or conspiracy.
``70703. Affirmative defenses.
``70704. Penalties.
``70705. Criminal forfeiture.
``70706. Civil forfeiture.
``70707. Extension beyond territorial jurisdiction.
``70708. Claim of failure to comply with international law;
jurisdiction of court.
``70709. Federal activities.
``70710. Definitions.
``Sec. 70701. Offense
``It shall be unlawful for any person on board a covered vessel to
transport or facilitate the transportation, harboring, or concealment
of an alien on board such vessel knowing or having reason to believe
that the alien is attempting to unlawfully enter the United States.
``Sec. 70702. Attempt or conspiracy
``Any person on board a covered vessel who attempts or conspires to
commit a violation of section 70701 shall be subject to the same
penalties as those prescribed for the violation, the commission of
which was the object of the attempt or conspiracy.
``Sec. 70703. Affirmative defenses
``It is an affirmative defense to a prosecution under this section,
which the defendant must prove by a preponderance of the evidence,
that--
``(1)(A) the alien was on board pursuant to a rescue at
sea, or was a stowaway; or
``(B) the entry into the United States was a necessary
response to an imminent threat of death or serious bodily
injury to the alien;
``(2) the defendant, as soon as reasonably practicable,
informed the Coast Guard of the presence of the alien on the
vessel and the circumstances of the rescue; and
``(3) the defendant complied with all orders given by law
enforcement officials of the United States.
``Sec. 70704. Penalties
``Any person who commits a violation of this chapter shall be
imprisoned for not less than 3 nor more than 20 years or fined not more
than $100,000, or both; except that--
``(1) in any case in which the violation causes serious
bodily injury to any person, regardless of where the injury
occurs, the person shall be imprisoned for not less than 7 nor
more than 30 years or fined not more than $500,000, or both;
and
``(2) in any case in which the violation causes or results
in the death of any person regardless of where the death
occurs, the person shall be imprisoned for not less than 10
years nor more than life or fined not more than $1,000,000, or
both.
``Sec. 70705. Criminal forfeiture
``The court, at the time of sentencing a person convicted of an
offense under this chapter, shall order forfeited to the United States
any vessel used in the offense in the same manner and to the same
extent as if it were a vessel used in an offense under section 274 of
the Immigration and Nationality Act (8 U.S.C. 1324).
``Sec. 70706. Civil forfeiture
``A vessel that has been used in the commission of a violation of
this chapter shall be seized and subject to forfeiture in the same
manner and to the same extent as if it were used in the commission of a
violation of section 274(a) of the Immigration and Nationality Act (8
U.S.C. 1324(a)).
``Sec. 70707. Extension beyond territorial jurisdiction
``Sections 70701 and 70702 apply even though the act is committed
outside the territorial jurisdiction of the United States.
``Sec. 70708. Claim of failure to comply with international law;
jurisdiction of court
``A claim of failure to comply with international law in the
enforcement of this chapter may be invoked as a basis for a defense
solely by a foreign nation. A failure to comply with international law
shall not divest a court of jurisdiction or otherwise constitute a
defense to any proceeding under this chapter.
``Sec. 70709. Federal activities
``Nothing in this chapter applies to otherwise lawful activities
carried out by or at the direction of the United States Government.
``Sec. 70710. Definitions
``In this chapter, the following definitions apply:
``(1) Alien.--The term `alien' has the meaning given that
term in section 70105(f).
``(2) Covered vessel.--The term `covered vessel' means a
vessel of the United States, or a vessel subject to the
jurisdiction of the United States, that is less than 300 gross
tons (or an alternate tonnage prescribed by the Secretary under
section 14104 of this title) as measured under section 14502 of
this title.
``(3) Serious bodily injury.--The term `serious bodily
injury' has the meaning given that term in section 1365 of
title 18, United States Code.
``(4) United states.--The term `United States' has the
meaning given that term is section 114.
``(5) Vessel of the united states.--The term `vessel of the
United States' has the meaning given that term in section
70502.
``(6) Vessel subject to the jurisdiction of the united
states.--The term `vessel subject to the jurisdiction of the
United States' has the meaning given that term in section
70502.''.
(b) Clerical Amendment.--The analysis for such subtitle is amended
by inserting after the item relating to chapter 705 the following:
``707. Maritime Law Enforcement............................. 70701.''. | Maritime Law Enforcement Improvement Act of 2007 - Makes it unlawful for a person to transport, harbor, or conceal an alien on board a vessel if such person knows or has reason to believe that such alien is attempting to unlawfully enter the United States on the vessel. Sets forth both criminal and civil penalties for violations of this Act, including the seizure and forfeiture of the vessel. | {"src": "billsum_train", "title": "To amend title 46, United States Code, to improve maritime law enforcement."} | 1,342 | 86 | 0.53217 | 1.414702 | 0.924045 | 2.547945 | 16.493151 | 0.876712 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Goods and Services Tax
Fairness Act of 2011''.
SEC. 2. FINDING.
The Congress finds that it is appropriate to exercise congressional
enforcement authority under section 5 of the 14th amendment to the
Constitution of the United States and Congress' plenary power under
article I, section 8, clause 3 of the Constitution of the United States
(commonly known as the ``commerce clause'') in order to ensure that
States and political subdivisions thereof do not discriminate against
providers and consumers of digital goods and digital services by
imposing multiple, excessive and discriminatory taxes and other burdens
on such providers and consumers.
SEC. 3. MULTIPLE AND DISCRIMINATORY TAXES PROHIBITED.
No State or local jurisdiction shall impose multiple or
discriminatory taxes on or with respect to the sale or use of digital
goods or digital services.
SEC. 4. RETAIL, SOURCING, AND OTHER LIMITATIONS AND RULES.
(a) Retail Limitation.--Taxes on or with respect to the sale of
digital goods or digital services may only be imposed on or with
respect to a sale to a customer.
(b) Taxpayer Limitation.--Taxes on or with respect to the sale of
digital goods or digital services may only be imposed on and collected
only from a customer or a seller.
(c) Sourcing Limitation.--
(1) In general.--Taxes on or with respect to the sale of
digital goods or digital services may be imposed only by the
State and local jurisdictions whose territorial limits
encompass the customer's tax address.
(2) Multiple locations.--If the sale of digital goods or
digital services is made to multiple locations of a customer,
whether simultaneously or over a period of time, the seller may
determine the customer's tax address or addresses using the
address or addresses of use as provided by the customer.
(3) Seller held harmless.--A seller that relies in good
faith on information provided by a customer to determine the
customer's tax address or addresses shall not be held liable
for any additional tax based on a different determination of
the customer's tax address or addresses.
(d) Limitation on Expansive Interpretation.--No tax on or with
respect to the sale or use of tangible personal property,
telecommunications service, Internet access service, or audio or video
programming service may be construed by any regulation, administrative
ruling, or otherwise, to be imposed on or with respect to the sale or
use of a digital good or a digital service. For purposes of this Act, a
transaction involving a digital good shall be characterized solely as a
transaction involving the provision of a digital service unless the
transaction results in the transfer or delivery of a complete copy,
with the right to use permanently or for a specified period, of the
digital good that is the subject of the transaction. No tax on or with
respect to the sale or use of a digital good may be construed by any
regulation, administrative ruling, or otherwise, to be imposed on or
with respect to the sale or use of a digital service. The limitations
provided by this subsection shall not apply to any construction of a
statute that was approved by a judicial interpretation of that statute
on or before the date of the enactment of this Act.
(e) Treatment of Bundled Goods and Services.--
(1) In general.--Subject to paragraph (2), if charges for
digital goods or digital services are aggregated with, and not
separately stated from, charges for other goods or services,
then the charges for digital goods or digital services may be
taxed for purposes of this Act at the same rate and on the same
basis as charges for the other goods or services unless the
seller can reasonably identify the charges for the digital
goods or digital services from its books and records kept in
the regular course of business.
(2) Charges for delivery and transport.--If the charge for
a digital good or digital service is aggregated with, and not
separately stated from, a charge for electronically delivering
or transporting the digital good, or providing the digital
service, to the customer, then the seller may either apply
paragraph (1) or treat the service of electronic delivery or
transport as a non-severable and incidental component of the
digital good or digital service.
(f) Treatment of Digital Code.--The tax treatment of the sale of a
digital code shall be the same as the tax treatment of the sale of the
digital good or digital service to which the digital code relates. The
sale of the digital code shall be considered the sale transaction for
purposes of this Act.
SEC. 5. DEFINITIONS.
In this Act:
(1) Customer.--
(A) In general.--Subject to subparagraph (B), the
term ``customer'' means a person that purchases a
digital good or digital service, for a purpose other
than resale.
(B) End user.--For the purpose of determining a
place of primary use under paragraph (2)(A), the term
``customer'' means the ``end user'' (as such term is
used in section 124 of title 4, United States Code) of
the purchased digital good or digital service.
(2) Customer's tax address.--The term ``customer's tax
address'' means--
(A) with respect to digital goods or digital
services that are sold to a customer by a provider of
mobile telecommunications service that is subject to
being sourced under section 117 of title 4, United
States Code, or for which the charges are billed to the
customer by such provider, and delivered or transferred
electronically by means of such provider's mobile
telecommunications service, the customer's place of
primary use, as defined in section 124 of such title;
(B) if subparagraph (A) does not apply, and if the
digital good or digital service is received by the
customer at a business location of the seller, such
business location;
(C) if neither subparagraph (A) nor subparagraph
(B) applies, and if the location where the digital good
or digital service is received by the customer is known
to the seller, such location;
(D) if none of subparagraphs (A) through (C)
applies, the customer's address that is either known to
the seller or, if not known, obtained by the seller
during the consummation of the transaction, including
the address of the customer's payment instrument if no
other address is available;
(E) if an address is neither known nor obtained as
provided in subparagraph (D), the address of the seller
from which the digital good or digital service was
sold; and
(F) notwithstanding subparagraphs (A) through (E),
for digital goods that are delivered or transferred, or
digital services that are provided, to a person other
than the customer, including advertising services, the
location of delivery, transfer, or provision if known
or, otherwise, the customer's address determined under
subparagraph (D) or (E).
(3) Delivered or transferred electronically; provided
electronically.--The term ``delivered or transferred
electronically'' means delivered or transferred by means other
than tangible storage media, and the term ``provided
electronically'' means provided remotely via electronic means.
(4) Digital code.--The term ``digital code'' means a code
that conveys only the right to obtain a single type of digital
good or digital service.
(5) Digital good.--The term ``digital good'' means any good
or product that is delivered or transferred electronically,
including software, information maintained in digital format,
digital audio-visual works, digital audio works, and digital
books.
(6) Digital service.--
(A) In general.--The term ``digital service'' means
any service that is provided electronically, including
the provision of remote access to or use of a digital
good.
(B) Exception.--
(i) In general.--The term ``digital
service'' does not include telecommunications
service, Internet access service, or audio or
video programming service.
(ii) Audio or video programming.--The term
``audio or video programming'' means
programming provided by, or generally
considered comparable to programming provided
by, a radio or television broadcast station.
(iii) Video programming.--The term ``video
programming'' shall not include interactive on-
demand services (as defined section 602(12) of
the Communications Act of 1934 (47 U.S.C.
522(12)), pay-per-view services, or services
generally considered comparable to such
services regardless of the technology used to
provide such services.
(7) Discriminatory tax.--
(A) In general.--The term ``discriminatory tax''
means any tax imposed by a State or local
jurisdiction--
(i) on or with respect to the sale or use
of any digital good or digital service at a
higher rate than is generally imposed on or
with respect to the sale or use of tangible
personal property or of similar services that
are not provided electronically;
(ii) on or with respect to any seller of
digital goods or digital services at a higher
rate or by incorporating a broader tax base
than is generally imposed on or with respect to
sellers in transactions involving tangible
personal property or involving similar services
that are not provided electronically, except
that this clause shall apply only to the extent
that the higher rate or broader tax base is
attributable to the fact that such person sells
digital goods or digital services;
(iii) that is required to be collected with
respect to the sale or use of digital goods or
digital services by different sellers or under
other terms that are disadvantageous to those
applied in taxing the sale or use of tangible
personal property or of similar services that
are not provided electronically; or
(iv) on or with respect to any separately
stated amount that is charged by the seller of
a specific digital good or digital service, and
is directly related to electronically
delivering or transferring that good or
service, at a higher rate than is generally
imposed on or with respect to delivery charges,
or shipping and handling charges, on tangible
personal property.
(B) Application.--For purposes of this paragraph,
all taxes, tax rates, exemptions, deductions, credits,
incentives, exclusions, and other similar factors shall
be taken into account in determining whether a tax is a
discriminatory tax.
(8) Generally imposed.--A tax shall not be considered
``generally imposed'' if it is imposed only on specific
services, specific industries or business segments, or specific
types of property.
(9) Multiple tax.--The term ``multiple tax'' means any tax
that is imposed on or with respect to the sale or use of a
digital good or a digital service by a State or local
jurisdiction, for which such State or local jurisdiction gives
no credit with respect to a tax that was previously paid on or
with respect to the sale or use of such digital good or digital
service to another State or local jurisdiction, unless the
territorial limits of the jurisdiction imposing the earlier tax
and the jurisdiction imposing the later tax both encompass the
same tax address of the customer.
(10) Purchase for resale.--A digital good or digital
service is purchased for the purpose of resale if such good or
service is purchased for the purpose of reselling it, or for
using it as a component part of or integration into another
digital good or digital service that is to be sold to another
person, and includes the purchase of a digital good or digital
service for further commercial broadcast, rebroadcast,
streaming, restreaming, transmission, retransmission,
licensing, relicensing, reproduction, copying, distribution,
redistribution, or exhibition of the digital good or digital
service, in whole or in part, to another person.
(11) Sale and purchase.--The terms ``sale'' and
``purchase'', and all variations thereof, shall include lease,
rent, and license, and corresponding variations thereof.
(12) Seller.--The term ``seller'' means a person making
sales of tangible personal property, digital goods, digital
services, or other services, and does not include a person that
provides, on behalf of another person, order taking, order
fulfillment, billing, or electronic delivery or transfer
service with respect to the sale of a digital good or a digital
service.
(13) State or local jurisdiction.--The term ``State or
local jurisdiction'' means any of the several States, the
District of Columbia, any territory or possession of the United
States, a political subdivision of any State, territory, or
possession, or any governmental entity or person acting on
behalf of such State, territory, possession, or subdivision and
with the authority to assess, impose, levy, or collect taxes.
(14) Tax.--The term ``tax'' means any charge imposed by any
State or local jurisdiction for the purpose of generating
revenues for governmental purposes, including any tax, charge,
or fee levied as a fixed charge or measured by gross amounts
charged, regardless of whether such tax, charge, or fee is
imposed on the seller or the customer and regardless of the
terminology used to describe the tax, charge, or fee. Such term
does not include a tax on or measured by net income or an ad
valorem tax.
SEC. 6. FEDERAL JURISDICTION.
Notwithstanding section 1341 of title 28, United States Code, and
without regard to the amount in controversy or citizenship of the
parties, a district court of the United States has jurisdiction,
concurrent with other jurisdiction of courts of the United States and
the States, to prevent a violation of this Act.
SEC. 7. EFFECTIVE DATE; APPLICATION.
(a) General Rule.--This Act shall take effect on the date of the
enactment of this Act.
(b) Application to Liabilities and Pending Cases.--Nothing in this
Act shall affect liability for taxes accrued and enforced before the
date of the enactment of this Act, or affect ongoing litigation
relating to such taxes, except as provided in section 4(d) of this Act.
SEC. 8. SENSE OF CONGRESS.
It is the sense of Congress that each State shall take reasonable
steps necessary to prevent multiple taxation of digital goods and
digital services in situations where a foreign country has imposed a
tax on such goods or services.
SEC. 9. SAVINGS PROVISION.
If any provision or part of this Act is held to be invalid or
unenforceable by a court of competent jurisdiction for any reason, such
holding shall not affect the validity or enforceability of any other
provision or part of this Act. | Digital Goods and Services Tax Fairness Act of 2011 - Prohibits a state or local jurisdiction from imposing multiple or discriminatory taxes on or with respect to the sale or use of digital goods or services delivered or transferred electronically to a customer. Excludes from the definition of "digital service" telecommunications service, Internet access service, or audio or video programming service.
Restricts taxation of digital goods and services to the retail sale of such goods and services and by the jurisdiction encompassing a customer's tax address.
Prohibits the use of existing regulations or administrative rulings relating to the taxation of tangible personal property or other services to impose any tax on the sale or use of digital goods or services.
Grants jurisdiction to federal district courts to prevent a violation of this Act, without regard to the amount in controversy or the citizenship of the parties.
Expresses the sense of Congress that each state shall take reasonable steps to prevent multiple taxation of digital goods and services where a foreign country has imposed a tax on such goods and services. | {"src": "billsum_train", "title": "To promote neutrality, simplicity, and fairness in the taxation of digital goods and digital services."} | 3,266 | 230 | 0.690235 | 2.085479 | 0.830766 | 4.846939 | 15.357143 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Flow of Information Act of
2007''.
SEC. 2. COMPELLED DISCLOSURE FROM COVERED PERSONS.
(a) Conditions for Compelled Disclosure.--In any proceeding or in
connection with any issue arising under Federal law, a Federal entity
may not compel a covered person to provide testimony or produce any
document related to information possessed by such covered person as
part of engaging in journalism, unless a court determines by a
preponderance of the evidence, after providing notice and an
opportunity to be heard to such covered person--
(1) that the party seeking to compel production of such
testimony or document has exhausted all reasonable alternative
sources (other than a covered person) of the testimony or
document;
(2) that--
(A) in a criminal investigation or prosecution,
based on information obtained from a person other than
the covered person--
(i) there are reasonable grounds to believe
that a crime has occurred; and
(ii) the testimony or document sought is
essential to the investigation or prosecution
or to the defense against the prosecution; or
(B) in a matter other than a criminal investigation
or prosecution, based on information obtained from a
person other than the covered person, the testimony or
document sought is essential to the successful
completion of the matter;
(3) in the case that the testimony or document sought could
reveal the identity of a source of information or include any
information that could reasonably be expected to lead to the
discovery of the identity of such a source, that--
(A) disclosure of the identity of such a source is
necessary to prevent imminent and actual harm to
national security with the objective to prevent such
harm;
(B) disclosure of the identity of such a source is
necessary to prevent imminent death or significant
bodily harm with the objective to prevent such death or
harm, respectively; or
(C) disclosure of the identity of such a source is
necessary to identify a person who has disclosed--
(i) a trade secret of significant value in
violation of a State or Federal law;
(ii) individually identifiable health
information, as such term is defined in section
1171(6) of the Social Security Act (42 U.S.C.
1320d(6)), in violation of Federal law; or
(iii) nonpublic personal information, as
such term is defined in section 509(4) of the
Gramm-Leach-Biley Act (15 U.S.C. 6809(4)), of
any consumer in violation of Federal law; and
(4) that nondisclosure of the information would be contrary
to the public interest, taking into account both the public
interest in compelling disclosure and the public interest in
gathering news and maintaining the free flow of information.
(b) Limitations on Content of Information.--The content of any
testimony or document that is compelled under subsection (a) shall, to
the extent possible--
(1) be limited to the purpose of verifying published
information or describing any surrounding circumstances
relevant to the accuracy of such published information; and
(2) be narrowly tailored in subject matter and period of
time covered so as to avoid compelling production of
peripheral, nonessential, or speculative information.
SEC. 3. COMPELLED DISCLOSURE FROM COMMUNICATIONS SERVICE PROVIDERS.
(a) Conditions for Compelled Disclosure.--With respect to testimony
or any document consisting of any record, information, or other
communication that relates to a business transaction between a
communications service provider and a covered person, section 2 shall
apply to such testimony or document if sought from the communications
service provider in the same manner that such section applies to any
testimony or document sought from a covered person.
(b) Notice and Opportunity Provided to Covered Persons.--A court
may compel the testimony or disclosure of a document under this section
only after the party seeking such a document provides the covered
person who is a party to the business transaction described in
subsection (a)--
(1) notice of the subpoena or other compulsory request for
such testimony or disclosure from the communications service
provider not later than the time at which such subpoena or
request is issued to the communications service provider; and
(2) an opportunity to be heard before the court before the
time at which the testimony or disclosure is compelled.
(c) Exception to Notice Requirement.--Notice under subsection
(b)(1) may be delayed only if the court involved determines by clear
and convincing evidence that such notice would pose a substantial
threat to the integrity of a criminal investigation.
SEC. 4. DEFINITIONS.
In this Act:
(1) Communications service provider.--The term
``communications service provider''--
(A) means any person that transmits information of
the customer's choosing by electronic means; and
(B) includes a telecommunications carrier, an
information service provider, an interactive computer
service provider, and an information content provider
(as such terms are defined in sections 3 and 230 of the
Communications Act of 1934 (47 U.S.C. 153, 230)).
(2) Covered person.--The term ``covered person'' means a
person engaged in journalism and includes a supervisor,
employer, parent, subsidiary, or affiliate of such covered
person.
(3) Document.--The term ``document'' means writings,
recordings, and photographs, as those terms are defined by
Federal Rule of Evidence 1001 (28 U.S.C. App.).
(4) Federal entity.--The term ``Federal entity'' means an
entity or employee of the judicial or executive branch or an
administrative agency of the Federal Government with the power
to issue a subpoena or issue other compulsory process.
(5) Journalism.--The term ``journalism'' means the
gathering, preparing, collecting, photographing, recording,
writing, editing, reporting, or publishing of news or
information that concerns local, national, or international
events or other matters of public interest for dissemination to
the public. | Free Flow of Information Act of 2007 - Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency) from compelling a covered person (a person engaged in journalism, including their supervisor, employer, parent, subsidiary, or affiliate) to testify or produce any document unless a court makes specified determinations by a preponderance of the evidence.
Requires the content of compelled testimony or documents to be limited and narrowly tailored.
Applies this Act to communications service providers with regard to testimony or any record, information, or other communication that relates to a business transaction between such providers and covered persons. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation. | {"src": "billsum_train", "title": "A bill to maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media."} | 1,316 | 187 | 0.506567 | 1.504003 | 0.716318 | 4.03871 | 7.819355 | 0.890323 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore Honor to Service Members
Act''.
SEC. 2. REVIEW OF DISCHARGE CHARACTERIZATION.
(a) In General.--In accordance with this section, the appropriate
discharge boards--
(1) shall review the discharge characterization of covered
members at the request of the covered member; and
(2) if such characterization is any characterization except
honorable, may change such characterization to honorable.
(b) Criteria.--In changing the discharge characterization of a
covered member to honorable under subsection (a)(2), the Secretary of
Defense shall ensure that such changes are carried out consistently and
uniformly across the military departments using the following criteria:
(1) The original discharge must be based on Don't Ask Don't
Tell (in this Act referred to as ``DADT'') or a similar policy
in place prior to the enactment of DADT.
(2) Such discharge characterization shall be so changed if,
with respect to the original discharge, there were no
aggravating circumstances, such as misconduct, that would have
independently led to a discharge characterization that was any
characterization except honorable. For purposes of this
paragraph, such aggravating circumstances may not include--
(A) an offense under section 925 of title 10,
United States Code (article 125 of the Uniform Code of
Military Justice), committed by a covered member
against a person of the same sex with the consent of
such person; or
(B) statements, consensual sexual conduct, or
consensual acts relating to sexual orientation or
identity, or the disclosure of such statements,
conduct, or acts, that were prohibited at the time of
discharge but after the date of such discharge became
permitted.
(3) When requesting a review, a covered member, or the
member's representative, shall be required to provide either--
(A) documents consisting of--
(i) a copy of the DD-214 form of the
member;
(ii) a personal affidavit of the
circumstances surrounding the discharge; and
(iii) any relevant records pertaining to
the discharge; or
(B) an affidavit certifying that the member, or the
member's representative, does not have the documents
specified in subparagraph (A).
(4) If a covered member provides an affidavit described in
subparagraph (B) of paragraph (3)--
(A) the appropriate discharge board shall make
every effort to locate the documents specified in
subparagraph (A) of such paragraph within the records
of the Department of Defense; and
(B) the absence of such documents may not be
considered a reason to deny a change of the discharge
characterization under subsection (a)(2).
(c) Request for Review.--The appropriate discharge board shall
ensure the mechanism by which covered members, or their representative,
may request to have the discharge characterization of the covered
member reviewed under this section is simple and straightforward.
(d) Review.--
(1) In general.--After a request has been made under
subsection (c), the appropriate discharge board shall review
all relevant laws, records of oral testimony previously taken,
service records, or any other relevant information regarding
the discharge characterization of the covered member.
(2) Additional materials.--If additional materials are
necessary for the review, the appropriate discharge board--
(A) may request additional information from the
covered member or the member's representative, in
writing, and specifically detailing what is being
requested; and
(B) shall be responsible for obtaining a copy of
the necessary files of the covered member from the
member, or when applicable, from the Department of
Defense.
(e) Change of Characterization.--The appropriate discharge board
shall change the discharge characterization of a covered member to
honorable if such change is determined to be appropriate after a review
is conducted under subsection (d) pursuant to the criteria under
subsection (b). A covered member, or the member's representative, may
appeal a decision by the appropriate discharge board to not change the
discharge characterization by using the regular appeals process of the
board.
(f) Change of Records.--For each covered member whose discharge
characterization is changed under subsection (e), or for each covered
member who was honorably discharged but whose DD-214 form reflects the
sexual orientation of the member, the Secretary of Defense shall
reissue to the member or the member's representative a revised DD-214
form that reflects the following:
(1) For each covered member discharged, the Separation
Code, Reentry Code, Narrative Code, and Separation Authority
shall not reflect the sexual orientation of the member and
shall be placed under secretarial authority. Any other similar
indication of the sexual orientation or reason for discharge
shall be removed or changed accordingly to be consistent with
this paragraph.
(2) For each covered member whose discharge occurred prior
to the creation of general secretarial authority, the sections
of the DD-214 form referred to paragraph (1) shall be changed
to similarly reflect a universal authority with codes,
authorities, and language applicable at the time of discharge.
(g) Status.--
(1) In general.--Each covered member whose discharge
characterization is changed under subsection (e) shall be
treated without regard to the original discharge
characterization of the member, including for purposes of--
(A) benefits provided by the Federal Government to
an individual by reason of service in the Armed Forces;
and
(B) all recognitions and honors that the Secretary
of Defense provides to members of the Armed Forces.
(2) Reinstatement.--In carrying out paragraph (1)(B), the
Secretary shall reinstate all recognitions and honors of a
covered member whose discharge characterization is changed
under subsection (e) that the Secretary withheld because of the
original discharge characterization of the member.
(h) Definitions.--In this section:
(1) The term ``appropriate discharge board'' means the
boards for correction of military records under section 1552 of
title 10, United States Code, or the discharge review boards
under section 1553 of such title, as the case may be.
(2) The term ``covered member'' means any former member of
the Armed Forces who was discharged from the Armed Forces
because of the sexual orientation of the member.
(3) The term ``discharge characterization'' means the
characterization under which a member of the Armed Forces is
discharged or released, including ``dishonorable'',
``general'', ``other than honorable'', and ``honorable''.
(4) The term ``Don't Ask Don't Tell'' means section 654 of
title 10, United States Code, as in effect before such section
was repealed pursuant to the Don't Ask, Don't Tell Repeal Act
of 2010 (Public Law 111-321).
(5) The term ``representative'' means the surviving spouse,
next of kin, or legal representative of a covered member.
SEC. 3. REPORTS.
(a) Review.--The Secretary of Defense shall conduct a review of the
consistency and uniformity of the reviews conducted under section 2.
(b) Reports.--Not later than 270 days after the date of the
enactment of this Act, and each year thereafter for a four-year period,
the Secretary shall submit to Congress a report on the reviews under
subsection (a). Such reports shall include any comments or
recommendations for continued actions.
SEC. 4. HISTORICAL REVIEW.
The Secretary of each military department shall ensure that oral
historians of the department--
(1) review the facts and circumstances surrounding the
estimated 100,000 members of the Armed Forces discharged from
the Armed Forces between World War II and September 2011
because of the sexual orientation of the member; and
(2) receive oral testimony of individuals who personally
experienced discrimination and discharge because of the actual
or perceived sexual orientation of the individual so that such
testimony may serve as an official record of these
discriminatory policies and their impact on American lives. | Restore Honor to Service Members Act - Requires appropriate military record correction boards or discharge review boards to review the discharge characterization of any former members of the Armed Forces requesting a review who were discharged because of their sexual orientation. Permits such boards to change a characterization to honorable if such characterization is any characterization except honorable. Directs the Secretary of Defense (DOD) to ensure that any such changes are carried out consistently and uniformly across the military departments using specified criteria, including that: (1) the original discharge was based on the policy of Don't Ask Don't Tell (as in effect before it was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010) or a similar earlier policy; and (2) the discharge characterization will be changed if, with respect to the original discharge, there were no aggravating circumstances, such as misconduct, that would have independently led to any discharge characterization except honorable. Prohibits "aggravating circumstances" from including: (1) an offense of sodomy committed by the member against a consenting person of the same sex; or (2) statements, consensual sexual conduct, or consensual acts relating to sexual orientation or identity, or the disclosure of such statements, conduct, or acts, that were prohibited at the time of discharge but that became permitted after such discharge. Directs the Secretary of each military department to ensure that oral historians of the department: (1) review discharges between World War II and September 2011 based on sexual orientation, and (2) receive oral testimony of individuals who personally experienced discrimination and discharge because of actual or perceived sexual orientation so that such testimony may serve as an official record of such discriminatory policies and their impact on American lives. Requires the reissuance of specified military personnel records and discharge forms in a manner that shall not reflect the sexual orientation of the member. | {"src": "billsum_train", "title": "Restore Honor to Service Members Act"} | 1,760 | 422 | 0.727226 | 2.523167 | 0.900109 | 5.089888 | 4.595506 | 0.94382 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Cancer Care
Planning and Communications Act of 2018''.
(b) Findings.--Congress makes the following findings:
(1) Cancer care in the United States is often described as
the best in the world because patients have access to many
treatment options, including cutting-edge therapies that save
lives and improve the quality of life.
(2) Access to the best treatment options is not equal
across all populations and in all communities. The 1999
Institute of Medicine report entitled ``The Unequal Burden of
Cancer'' found that low-income people often lack access to
adequate cancer care and that ethnic minorities have not
benefitted fully from cancer treatment advances.
(3) In addition, despite access to high-quality treatment
options for many, individuals with cancer often do not have
access to a cancer care system that incorporates shared
decision-making and the coordination of all elements of care.
(4) Cancer survivors often experience the under-diagnosis
and under-treatment of the symptoms of cancer and side effects
of cancer treatment, a problem that begins at the time of
diagnosis and may become more severe with disease progression
and at the end of life. The failure to treat the symptoms, side
effects, and late effects of cancer and cancer treatment may
have a serious adverse impact on the health, survival, well-
being, and quality of life of cancer survivors.
(5) Individuals with cancer often do not participate in a
shared decision-making process that considers all treatment
options and do not benefit from coordination of all elements of
active treatment and palliative care.
(6) Quality cancer care should incorporate access to
psychosocial services and management of the symptoms of cancer
and the symptoms of cancer treatment, including pain, nausea,
vomiting, fatigue, and depression.
(7) Quality cancer care should include a means for engaging
cancer survivors in a shared decision-making process that
produces a comprehensive care summary and a plan for follow-up
care after primary treatment to ensure that cancer survivors
have access to follow-up monitoring and treatment of possible
late effects of cancer and cancer treatment, including
appropriate psychosocial services.
(8) The Institute of Medicine report entitled ``Ensuring
Quality Cancer Care'' described the elements of quality care
for an individual with cancer to include--
(A) the development of initial treatment
recommendations by an experienced health care provider;
(B) the development of a plan for the course of
treatment of the individual and communication of the
plan to the individual;
(C) access to the resources necessary to implement
the course of treatment;
(D) access to high-quality clinical trials;
(E) a mechanism to coordinate services for the
treatment of the individual; and
(F) psychosocial support services and compassionate
care for the individual.
(9) In its report ``From Cancer Patient to Cancer Survivor:
Lost in Transition'', the Institute of Medicine recommended
that individuals with cancer completing primary treatment be
provided a comprehensive summary of their care along with a
follow-up survivorship plan of treatment.
(10) In ``Cancer Care for the Whole Patient'', the
Institute of Medicine stated that the development of a plan
that includes biomedical and psychosocial care should be a
standard for quality cancer care in any quality measurement
system.
(11) The Commission on Cancer has encouraged survivorship
care planning by making the development of such plans for
patients one of the standards of accreditation for cancer care
providers, but cancer care professionals report difficulties
completing the plans.
(12) Because more than half of all cancer diagnoses occur
among elderly Medicare beneficiaries, addressing cancer care
inadequacies through Medicare reforms will provide benefits to
millions of Americans. Providing Medicare beneficiaries more
routine access to cancer care plans and survivorship care plans
is a key to shared decisionmaking and better coordination of
care.
(13) Important payment and delivery reforms that
incorporate cancer care planning and coordination are already
being tested in the Medicare program; the Oncology Care Model
has been implemented in a number of oncology practices, and
additional models that will include care planning have been
proposed.
(14) The alternative payment models, including the Oncology
Care Model, provide access to cancer care planning for Medicare
beneficiaries who receive their cancer care in practices that
are part of the Oncology Care Model. Other Medicare
beneficiaries who are not enrolled in these delivery
demonstrations may not have access to a cancer care plan or
appropriate care coordination.
(15) The failure to provide a cancer care plan to patients
in many care settings relates in part to inadequate Medicare
payment for such planning and coordination services.
(16) Changes in Medicare payment for cancer care planning
and coordination will support shared decisionmaking that
reviews all treatment options and will contribute to improved
care for individuals with cancer from the time of diagnosis
through the end of the life. Medicare payment for cancer care
planning may begin a reform process that helps us realize the
well-planned and well-coordinated cancer care that has been
recommended by the Institute of Medicine/National Academy of
Medicine and that is preferred by cancer patients across the
Nation.
SEC. 2. COVERAGE OF CANCER CARE PLANNING AND COORDINATION SERVICES.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking ``and'' at the end of subparagraph
(FF);
(B) by adding ``and'' at the end of subparagraph
(GG); and
(C) by adding at the end the following new
subparagraph:
``(HH) cancer care planning and coordination services (as
defined in subsection (jjj))''; and
(2) by adding at the end the following new subsection:
``Cancer Care Planning and Coordination Services
``(jjj)(1) The term `cancer care planning and coordination
services' means--
``(A) with respect to an individual who is diagnosed with
cancer, the development of a treatment plan by a physician,
nurse practitioner, or physician assistant that--
``(i) includes an assessment of the individual's
diagnosis, health status, treatment needs, functional
status, pain control, and psychosocial needs;
``(ii) engages the individual in a shared decision-
making process that reviews all treatment options;
``(iii) details, to the greatest extent practicable
all aspects of the care to be provided to the
individual with respect to the treatment of such
cancer, including any curative treatment, comprehensive
symptom management, and palliative care;
``(iv) is furnished in person, in written form, to
the individual within a period specified by the
Secretary that is as soon as practicable after the date
on which the individual is so diagnosed;
``(v) is furnished, to the greatest extent
practicable, in a form that appropriately takes into
account cultural and linguistic needs of the individual
in order to make the plan accessible to the individual;
and
``(vi) is in accordance with standards determined
by the Secretary to be appropriate;
``(B) with respect to an individual for whom a treatment
plan has been developed under subparagraph (A), the revision of
such treatment plan as necessary to account for any substantial
change in the condition of the individual, recurrence of
disease, changes in the individual's treatment preferences, or
significant revision of the elements of curative care or
symptom management for the individual, if such revision--
``(i) is in accordance with clauses (i), (ii), (iv)
and (v) of such subparagraph; and
``(ii) is furnished in written form to the
individual within a period specified by the Secretary
that is as soon as practicable after the date of such
revision;
``(C) with respect to an individual who has completed the
primary treatment for cancer, as defined by the Secretary, the
development of a follow-up survivorship care plan that--
``(i) includes an assessment of the individual's
diagnosis, health status, treatment needs, functional
status, pain control, and psychosocial needs;
``(ii) engages the individual in a shared decision-
making process that reviews all survivorship care
options;
``(iii) describes the elements of the primary
treatment, including symptom management and palliative
care, furnished to such individual;
``(iv) provides recommendations for the subsequent
care of the individual with respect to the cancer
involved;
``(v) is furnished, in person, in written form, to
the individual within a period specified by the
Secretary that is as soon as practicable after the
completion of such primary treatment;
``(vi) is furnished, to the greatest extent
practicable, in a form that appropriately takes into
account cultural and linguistic needs of the individual
in order to make the plan accessible to the individual;
and
``(vii) is in accordance with standards determined
by the Secretary to be appropriate; and
``(D) with respect to an individual for whom a follow-up
cancer care plan has been developed under subparagraph (C), the
revision of such plan as necessary to account for any
substantial change in the condition of the individual,
diagnosis of a second cancer, change in the individual's
preference for survivorship care, or significant revision of
the plan for follow-up care, if such revision--
``(i) is in accordance with clauses (i), (ii),
(iii), (v), and (vi) of such subparagraph; and
``(ii) is furnished in written form to the
individual within a period specified by the Secretary
that is as soon as practicable after the date of such
revision.
``(2) The Secretary shall establish standards to carry out
paragraph (1) in consultation with appropriate organizations
representing suppliers and providers of services related to cancer
treatment and organizations representing survivors of cancer. Such
standards shall include standards for determining the need and
frequency for revisions of the treatment plans and follow-up
survivorship care plans based on changes in the condition of the
individual or elements and intent of treatment and standards for the
communication of the plan to the individual.
``(3) In this subsection, the term `shared decision-making process'
means, with respect to an individual, a process in which the individual
and the individual's health care providers consider the individual's
diagnosis, treatment options, the medical evidence related to treatment
options, the risks and benefits of all treatment options, and the
individual's preferences regarding treatment, and then jointly develop
and implement a treatment plan.''.
(b) Payment Under Physician Fee Schedule.--
(1) In general.--Section 1848(j)(3) of the Social Security
Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(HH),''
after ``health risk assessment),''.
(2) Initial rates.--Unless the Secretary of Health and
Human Services otherwise provides, the payment rate specified
under the physician fee schedule under the amendment made by
paragraph (1) for cancer care planning and coordination
services shall be the same payment rate as provided for
transitional care management services (as defined in CPT code
99496).
(c) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the first day of the first
calendar year that begins after the date of the enactment of this Act. | Cancer Care Planning and Communications Act of 2018 This bill provides for Medicare coverage and payment of cancer care planning and coordination services. | {"src": "billsum_train", "title": "Cancer Care Planning and Communications Act of 2018"} | 2,445 | 52 | 0.408314 | 1.066997 | 0.473795 | 4.15 | 121.05 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support for Military Reserve
Families Act of 2004''.
SEC. 2. LOAN PROGRAM FOR MEMBERS OF THE SELECTED RESERVE.
(a) In General.--Part II of subtitle E of title 10, United States
Code, is amended by inserting after chapter 1215 the following new
chapter:
``CHAPTER 1216--READY RESERVE MOBILIZATION LOAN PROGRAM
``12591. Definitions.
``12592. Establishment of loan program.
``12593. Members eligible for loans.
``12594. Loan amounts.
``12595. Interest.
``12596. Payment.
``Sec. 12591. Definitions
``In this chapter:
``(1) The term `eligible member' means a member of the
Ready Reserve who has one or more dependents enrolled in the
Department of Defense program Defense Enrollment Eligibility
Reporting System (DEERS).
``(2) The term `covered service' means active duty
performed by a member of a reserve component under an
involuntary call or order to active duty in support of a
contingency operation.
``Sec. 12592. Establishment of loan program
``(a) Establishment.--The Secretary of Defense shall establish for
members of the Ready Reserve (including the Coast Guard Reserve) a loan
program to be known as the `Ready Reserve Mobilization Loan Program'.
``(b) Administration.--The loan program shall be administered by
the Secretary under such regulations as the Secretary considers
appropriate for carrying out the program.
``(c) Agreement With Secretary of Homeland Security.--The Secretary
and the Secretary of Homeland Security shall enter into an agreement
with respect to the administration of the program for the Coast Guard
Reserve.
``Sec. 12593. Members eligible for loans
``(a) In General.--The Secretary of Defense shall make a loan under
the program under this chapter to an eligible member, upon receipt of
an application for such loan from such member, for any period during
which the member performs covered service if, as determined by the
Secretary--
``(1) the income of the member during such service is less
than the member's income before being called or ordered to such
service; and
``(2) the member incurs a financial hardship by reason of
such service.
``(b) Determination of Income.--The Secretary shall make a
determination under paragraph (1) of subsection (a) by comparing--
``(1) the member's regular military compensation (as
defined in section 101 of title 37), stated as an annualized
amount; with
``(2) the amount of income of the member over the 52 weeks
preceding the beginning of such service derived from sources
that will not be available to the member while performing such
service.
``(c) Use of Loan Amounts.--The Secretary shall take such steps as
the Secretary considers necessary to ensure that a loan under the
program is not used for investment purposes (other than deposit in a
demand account).
``Sec. 12594. Loan amounts
``(a) Amount of Loan.--The amount of a loan to an eligible member
under this chapter may be in any amount specified by the eligible
member up to $500 for each full month of covered service performed by
the member.
``(b) Disbursement of Loan Amount.--The Secretary of Defense shall
disburse a loan under the program under this chapter in such manner as
may be directed by the member taking out the loan. The Secretary shall
provide means to assist the member in facilitating the making of the
amount of such loan available for the use or benefit of dependents of
the member. A member may designate in writing another person to receive
the amount of a loan under the program, and the member may direct that
such an amount for a person so designated be deposited with a bank or
other financial institution to the credit of the designated person.
``Sec. 12595. Interest
``(a) Interest Free Period.--Except as provided in subsection
(b)(2), a loan under this chapter for any month of covered service
shall bear no interest for the period beginning on the date of the loan
and ending at the end of--
``(1) five years from the end of the period of covered
service including that month, if that period of covered service
is a period of less than 12 consecutive months; and
``(2) ten years from the end of the period of covered
service including that month, if that period of covered service
is a period of 12 consecutive months or more.
``(b) 5 Percent Interest.--A loan under this chapter shall bear
interest at the rate of 5 percent per year commencing to accrue--
``(1) as of the date that is the end of the interest-free
period specified in subsection (a); or
``(2) if the service of the member in the Selected Reserve
ends before the date referred to in paragraph (1), as of the
date such service in the Selected Reserve ends.
``Sec. 12596. Payment
``(a) Period of Payment.--(1) Repayment of a loan under this
chapter shall commence when the member to whom the loan is made is
released from the period of active duty that includes the covered
service for which the loan is made. Unless the member enters into an
alternative repayment agreement with the Secretary, the loan shall be
repaid over the period beginning on the date of the loan and ending at
the end of--
``(1) five years, if the period of covered service is a
period of less than 12 consecutive months; and
``(2) ten years, if that period of covered service is a
period of 12 consecutive months or more.
``(b) Method of Payment.--Unless the member enters into an
alternative repayment agreement with the Secretary, payment on a loan
under this chapter shall be by deduction from the amount of basic pay
or inactive-duty pay earned by the member while in an active status but
not on active duty (other than for training).''.
(b) Clerical Amendment.--The tables of chapters at the beginning of
subtitle E, and at the beginning of part II of subtitle E, of title 10,
United States Code, are amended by inserting after the item relating to
chapter 1215 the following new item:
``1216. Ready Reserve Mobilization Loan Program............. 12591''. | Support for Military Reserve Families Act of 2004 - Directs the Secretary of Defense to establish, for members of the Ready Reserve (including the Coast Guard Reserve), a loan program to be known as the Ready Reserve Mobilization Loan Program. Directs the Secretary, upon application, to make a Program loan to a Ready Reserve member who has one or more dependents enrolled in the Department of Defense Enrollment Eligibility Reporting System for any period during which the member performs active duty under an involuntary call or order to active duty in support of a contingency operation if: (1) the income of the member during such service is less than the member's income before being called or ordered to such service; and (2) the member incurs a financial hardship by reason of such service. Prohibits such loans from being used for investment purposes.
Allows loan amounts of up to $500 for each full month of covered service. Makes such loans interest-free for: (1) five years after the end of such service, if the service is for less than 12 consecutive months; or (2) ten years after the end of such service, if the service is for 12 consecutive months or more. Mandates a five percent interest rate thereafter. Requires such loans to be repaid within the same period as the interest-free period, above. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to establish a program of interest-free loans to members of the Selected Reserve who experience financial hardship due to service on active duty in the Armed Forces."} | 1,436 | 289 | 0.743018 | 2.036228 | 0.821461 | 5.455253 | 5.214008 | 0.957198 |
SECTION 1. EXCEPTIONS FOR SHORT-SUPPLY SITUATIONS.
(a) In General.--Chapter 1 of subtitle C of title VII of the Tariff
Act of 1930 (19 U.S.C. 1675) is amended by adding at the end the
following new section:
``SEC. 752. EXCEPTIONS FOR SHORT-SUPPLY SITUATIONS.
``(a) In General.--
``(1) Petition.--If a short-supply petition is filed under
this section and the administering authority determines that a
short-supply situation exists with respect to a particular
product which is within the same class or kind as merchandise
that is the subject of an order or finding described in
paragraph (2), the administering authority shall suspend the
order or finding and shall authorize the importation of
additional quantities of the product free of duties, estimated
duty deposits, reporting requirements, or other restrictions,
unless the administering authority determines that such imports
will erode the pricing structure of the domestic merchandise
that is comparable to the class or kind of merchandise subject
to an order or finding.
``(2) Order or finding.--An order or finding described in
this paragraph is--
``(A) an antidumping order issued under section
736,
``(B) a finding issued under the Antidumping Act,
1921, or
``(C) a countervailing duty order issued under
section 706 or 303.
``(b) Factors.--In determining whether a short-supply situation
exists in the United States with respect to a product, the
administering authority shall consider all relevant factors,
including--
``(1) if there is domestic production of the product with
respect to which the short-supply petition has been filed;
``(2) to the extent information is available, the recent
levels of capacity utilization of domestic facilities producing
the product;
``(3) the quantity of the product requested in the short-
supply petition and the ability of domestic producers to supply
the product in such quantity;
``(4) the reasonableness of the specifications requested by
the purchaser or end-user of the product; and
``(5) the time the product can be delivered to the
purchaser or end-user.
``(c) Procedures.--
``(1) Petitions.--An interested party may file with the
administering authority a petition requesting a determination
under this section at any time an order or finding described in
subsection (a)(2) is in effect. The petition shall be in such
form and contain such information as the administering
authority requires.
``(2) Publication.--If the administering authority finds
that a petition filed under paragraph (1) contains adequate
information, the administering authority shall promptly publish
in the Federal Register a notice that a determination under
this section is under consideration.
``(3) Comment.--The administering authority shall provide
opportunity for comment by interested parties regarding issues
raised in the petition.
``(4) Certification.--The petitioner and any interested
party submitting information shall certify that the information
contained in the petition (or submission, as the case may be)
is accurate and complete to the best of the petitioner's or
party's knowledge.
``(5) Consultations.--In making a determination under this
section, the administering authority shall consult with
domestic users of the product.
``(d) Determination.--
``(1) In general.--In any case in which the administering
authority finds that a short-supply petition contains adequate
information, the administering authority shall determine, not
later than the day specified in paragraph (2)--
``(A) if a short-supply situation exists in the
United States with respect to the product; and
``(B) if the determination under subparagraph (A)
is affirmative, the quantity of the product, if any,
that may be imported into the United States without
regard to the antidumping or countervailing duty order
that would otherwise apply. In making the determination
under this subparagraph, the administering authority
may consider whether allowing particular quantities of
the product to be imported without regard to the
antidumping or countervailing duty order will erode the
pricing structure of the domestic merchandise that is
comparable to the class or kind of merchandise subject
to an order or finding.
``(2) Time limit for making short-supply determination.--
The administering authority shall make a determination
described in paragraph (1) not later than--
``(A) the 15th day after the date the petition is
filed if--
``(i) the administering authority
authorized the importation of additional
quantities of the product during each of the 2
years preceding the date the petition is filed,
or
``(ii) the administering authority finds,
on the basis of available information (without
regard to whether such information is available
as part of the petition under review), that the
product is not produced in the United States;
or
``(B) the 30th day after the date the petition is
filed if clause (i) or (ii) of subparagraph (A) does
not apply, except that if a petition under this section
is received more than 30 days before the issuance of an
antidumping or countervailing duty order with respect
to the product, the administering authority may make a
short-supply determination at the time and as part of
such order.
``(3) Rebuttable presumption.--If a petition is filed under
this section, there shall be a rebuttable presumption that the
short-supply situation alleged in the petition exists.
``(4) Short-supply allowance upon failure of a domestic
producer to supply.--If the administering authority determines
that a short-supply situation does not exist because a producer
in the United States states that it is willing and able to
supply the product in the quantity requested at the
specifications, price, and delivery date requested, and the
producer fails to supply the product as promised, the
administering authority shall, within 3 days of being notified
of the failure, grant a short-supply allowance for the quantity
the domestic producer failed to supply.
``(e) Notice.--The administering authority shall publish in the
Federal Register notice of each determination made under this section
and the reasons therefore.
``(f) Definitions and Special Rules.--For purposes of this section:
``(1) Interested party.--The term `interested party'
means--
``(A) a United States producer or consumer of the
product;
``(B) a United States importer or distributor of
the product; and
``(C) a foreign exporter or producer who will
supply the product to a United States producer,
consumer, importer, or distributor.
``(2) Product.--The term `product' means the product for
which a short-supply allowance is requested, or material which
possesses the same physical characteristics and performance
standards and which can be used for the same application
without imposing any significant alteration costs for the
consumer.
``(3) Reasonable specifications.--The term `reasonable
specifications' means specifications that are developed in the
ordinary course of business. The administering authority shall
apply a rebuttable presumption that specifications are
reasonable whenever such specifications have been in use
either--
``(A) prior to the filing of an antidumping or
countervailing duty petition; or
``(B) more than two years.
``(4) Erode the pricing structure.--The term `erode the
pricing structure' means United States prices for the domestic
merchandise comparable to the class or kind of merchandise
subject to an order or finding will be suppressed by reason of
the importation of specified quantities of the product pursuant
to a short supply allowance. The Secretary shall apply a
rebuttable presumption that the imported product will not erode
the pricing structure of the comparable domestic merchandise
whenever--
``(A) no United States producers have produced a
product meeting the reasonable specifications within
the last six months, nor have any United States
producers either qualified to supply products meeting
such specifications (if such qualification is normally
required) or signed contracts that would require the
delivery of such products within the next six months;
or
``(B) domestic consumption of the product exceeds
domestic production by more than fifty percent, and the
quantity of product covered by a short supply
determination is less than half of the difference
between domestic consumption and domestic production.
In considering whether a short-supply determination would erode
the pricing structure, the administering authority shall
consider, among other factors--
(A) the quantity of short supply relief approved
within the applicable class or kind of merchandise; and
(B) the interchangeability between products subject
to short-supply determinations and other products
within the applicable class or kind of merchandise.
``(5) Short-supply allowance.--The term `short-supply
allowance' means an authorization by the administering
authority to permit importation into the United States,
including a foreign trade zone, of a quantity of product free
of duties imposed pursuant to an antidumping or countervailing
duty order issued under this title.''.
(b) Clerical Amendment.--The table of contents for title VII of the
Tariff Act of 1930 is amended by inserting after the item relating to
section 751 the following new item:
``Sec. 752. Exceptions for short-supply situations.''. | Amends the Tariff Act of 1930 to require the administering authority, whenever it has determined upon the filing of a short-supply petition that a short-supply situation exists with respect to a particular product within the same class or kind as merchandise that is the subject of an antidumping duty order or finding, or a countervailing duty order, to authorize the importation of additional quantities of such merchandise free of duties, estimated duty deposits, reporting requirements, and other restrictions, unless it determines that such imports will erode the pricing structure of domestic merchandise comparable to the class or kind of merchandise that is subject to such order or finding.
Requires the administering authority, whenever it finds that a short-supply petition contains adequate information, to determine: (1) if a short-supply situation exists in the United States with respect to a product; and (2) if an affirmative determination is made, the quantity of the product, if any, that may be imported into the United States without regard to the applicable antidumping or countervailing duty order. Requires the administering authority, if it determines that a short-supply situation does not exist because a U.S. producer states that it will supply the product in the quantity requested, and such producer fails to supply such product as promised, to grant a short-supply allowance for the quantity such producer failed to supply. | {"src": "billsum_train", "title": "To amend the Tariff Act of 1930 to provide relief from antidumping and countervailing duty orders in cases of short supply."} | 2,055 | 305 | 0.744571 | 2.202226 | 0.962698 | 4.889734 | 7.334601 | 0.988593 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs and Opportunity Bonus Tax
Credit Act of 2014'' or the ``JOB Tax Credit Act''.
SEC. 2. JOBS AND OPPORTUNITY BONUS CREDIT.
(a) In General.--Subpart D 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. 45S. JOBS AND OPPORTUNITY BONUS CREDIT.
``(a) In General.--For purposes of section 38, in the case of an
eligible employer, the jobs and opportunity bonus credit determined
under this section with respect to any eligible employee of the
employer is an amount equal to the lesser of--
``(1) 50 percent of the job training program expenditures
of the taxpayer with respect to such employee during the
taxable year, or
``(2) $5,000.
``(b) Eligible Employer.--For purposes of this section, the term
`eligible employer' means an employer which employed an average of not
more than 500 full-time employees during the taxable year.
``(c) Job Training Program Expenses.--For purposes of this
section--
``(1) In general.--The term `job training program expenses'
means amounts paid or incurred by the employer for expenses
incurred by or on behalf of an eligible employee for
participation in a qualified training program.
``(2) Qualified training program.--For purposes of this
subsection, the term `qualified training program' means any of
the following written plans of study and training:
``(A) An apprenticeship program registered and
certified with the Secretary of Labor under section 1
of the National Apprenticeship Act (29 U.S.C. 50).
``(B) A program licensed, registered, or certified
by the workforce investment board or apprenticeship
agency or council of a State or administered in
compliance with apprenticeship laws of a State.
``(C) A program conducted by a vocational or
technical education school, community college,
industrial or trade training organization, or labor
organization.
``(D) A program which conforms to apprentice
training programs developed or administered by an
employer trade group or committee.
``(E) An industry sponsored or administered program
which is clearly identified and commonly recognized.
``(d) Eligible Employee.--For purposes of this section, the term
`eligible employee' means any employee of the employer, who while
participating in the job skills training program is employed on average
at least 40 hours of service per week.
``(e) Recapture of Credit for Employee Not Performing Minimum
Service.--
``(1) In general.--In the case of any employee with respect
to whom a credit is allowed under this section and whose
employment is terminated by the employer (other than by reason
of such employee's gross misconduct) before the end of the 2-
year period beginning on the first day of the employee's study
or training with respect to which a credit is allowed under
this section, the tax of the taxpayer under this chapter for
the taxable year during which such termination occurs shall be
increased by an amount equal to--
``(A) the aggregate decrease in the credits allowed
under section 38 for all prior taxable years which
would have resulted if the job training program
expenses with respect to such employee had been zero,
multiplied by
``(B) the inclusion ratio.
``(2) Inclusion ratio.--For purposes of this subsection,
the inclusion ratio is the ratio which--
``(A) an amount equal to the difference of--
``(i) the number of days in the 2-year
period, over
``(ii) the number of days such employee was
employed by the employer during such 2-year
period, bears to
``(B) the number of days in the 2-year period.
``(f) Controlled Groups.--For purposes of this section, all persons
treated as a single employer under subsection (b), (c), (m), or (o) of
section 414 shall be treated as a single employer.
``(g) Termination.--The section shall not apply amounts paid or
incurred during taxable years beginning after December 31, 2017.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code is amended by striking ``plus'' at the end
of paragraph (35), by striking the period at the end of paragraph (36)
and inserting ``, plus'', and by adding at the end the following new
paragraph:
``(37) the jobs and opportunity bonus credit determined
under section 45S(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Jobs and opportunity bonus credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014. | Jobs and Opportunity Bonus Tax Credit Act of 2014 or the JOB Tax Credit Act - Amends the Internal Revenue Code to allow employers who employ not more than 500 full-time employees during the taxable year a business-related tax credit equal to the lesser of: (1) 50% of the job training program expenditures for a full-time employee participating in a qualified training program, or (2) $5,000. Terminates such credit after 2017. | {"src": "billsum_train", "title": "JOB Tax Credit Act"} | 1,132 | 120 | 0.544299 | 1.35945 | 0.618018 | 3.880952 | 12.595238 | 0.904762 |
SECTION 1. IMPLEMENTATION OF PROTECTION AND SERVICES FOR CHILDREN AND
YOUTHS IN OUT OF HOME CARE.
(a) In General.--The McKinney-Vento Homeless Assistance Act (42
U.S.C. 11421 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle C--Implementation of Protection and Services for Children
and Youths in Out of Home Care
``SEC. 731. STATEMENTS OF POLICY.
``Congress declares the following:
``(1) Children and youths in out of home care face daunting
barriers to educational success very similar to those faced by
children experiencing homelessness. Extension of the
protections and services of this subtitle to children and
youths in out of home care, therefore, is crucial, to their
educational success while ensuring that existing State and
local educational agency programs serving homeless children and
youths are protected and are provided with adequate support.
``(2) Efforts to improve educational outcomes for children
and youths in out of home care must be a joint effort of child
welfare agencies responsible for the welfare of such children
and youths and the State and local educational agencies
pursuant to section 732 to provide educational services to such
children and youths.
``SEC. 732. IMPLEMENTATION OF PROTECTION AND SERVICES FOR CHILDREN AND
YOUTHS IN OUT OF HOME CARE.
``(a) In General.--Not later than two years after the date of the
enactment of this subtitle or the date on which the amount appropriated
under section 726 equals or exceeds $90,000,000, whichever comes first,
each State through the State educational agency and each local
educational agency in the State, in collaboration with the State and
local child welfare agencies in the State, shall provide children and
youths in out of home care with the following:
``(1) The opportunity to remain in the school of origin, in
accordance with subparagraphs (A) and (B) of section 722(g)(3),
subject to subsection (b) of this section.
``(2) Immediate enrollment in the school chosen pursuant to
section 722(g)(3)(C).
``(3) Maintenance and timely transfer of records pursuant
to section 722(g)(3)(D).
``(4) Access to the dispute resolution process pursuant to
section 722(g)(3)(E).
``(5) The assurance that they will not be segregated in a
separate or stigmatized school or separate program within a
school based on the status of their being children and youths
in out of home care, pursuant to subsections (e)(3) and
(g)(1)(J)(i) of section 722.
``(6) Equal access to comparable services as set forth in
section 722(g)(4), subject to subsection (b) of this section.
``(7) Equal access to State-funded and local educational
agency-funded preschool programs, appropriate secondary
education and support services, before- and after-school
programs for which they are eligible, including extracurricular
activities, pursuant to section 722(g)(1)(F).
``(8) Opportunities to meet the same challenging State
student academic achievement standards that all students are
expected to meet pursuant to section 722(g)(1)(A).
``(9) Coordination of services with local child welfare and
social service agencies and with local educational agencies on
inter-district issues pursuant to section 722(g)(5).
``(b) Transportation.--A State under this subtitle shall not be
required to ensure that transportation is provided to the school of
origin for a child or youth in out of home care unless such
transportation is otherwise required by law, the responsible child
welfare agency or other entity agrees to reimburse the cost of
providing such transportation, or transportation is required under
section 733.
``(c) Implementation of Plan.--Not later than one year after the
date of the enactment of this subtitle, each State educational agency,
in cooperation with the State child welfare agency in the State, shall
submit to the Secretary a plan for the implementation of the
educational rights of children and youths in out of home care. Such
plan shall include the following:
``(1) A description of how the State and the local child
welfare agencies within the State will coordinate and
collaborate with the State educational agency, the Coordinator
for Education of Homeless Children and Youths established under
section 722(d)(3), and the local educational agencies in the
State, including liaisons designated under section
722(g)(1)(J)(ii), to ensure the protections and services
provided under this subtitle will be promptly and effectively
delivered to children and youths in out of home care, taking
into account the need to continue serving other children and
youths eligible for protections and services under this
subtitle.
``(2) A description of the policies and procedures which
are or will be implemented regarding confidentiality,
information-sharing, and educational decision-making for such
children and youths.
``(3) A description of the policies and procedures which
are or will be implemented regarding notice, dispute resolution
procedures, maintenance of school records, and health records.
``(4) A description of specific procedures for school
enrollment and withdrawal of children and youths in out of home
care, including a description of who within the child welfare
agency will work with the local educational agency to ensure
immediate enrollment of children and youths in out of home care
and to assist with the smooth transition from school to school.
``(5) A description of the numbers and needs of children
and youths in out of home care who will be eligible for the
protections and services under subsection (a), including, to
the extent available, data on the numbers of school-age and
preschool-age children and youths in out of home care in the
State by local educational agencies, and data on the extent of
school mobility of children and youths in out of home care in
the State.
``(6) A description of existing barriers to enrollment,
attendance, retention, and educational success in school for
children and youths in out of home care.
``(7) A description of efforts in the State to recruit
foster families and provide placement options that maintain
children and youths in their schools of origin.
``(8) Consistent with subsection (d) and section 722(f)(3),
data and information regarding children and youths in out of
home care who are eligible for and are receiving protections
and services under subsection (a).
``(9) A description of the policies and procedures to be
coordinated with the public child welfare agency that will
assist unaccompanied youths who are in the custody of such
public child welfare agency to maintain school enrollment and
attendance through stable housing.
``(10) Pursuant to subsection (b), a description of how
required transportation services will be provided and
coordinated.
``(d) Additional Secretarial Responsibilities.--
``(1) Information.--
``(A) In general.--From funds appropriated under
section 726, the Secretary, in coordination with the
Secretary of Health and Human Services, shall, directly
or through grants, contracts, or cooperative
agreements, periodically collect and disseminate data
and information regarding--
``(i) the number and location of children
and youths in out of home care;
``(ii) the education and related services
such children and youths receive;
``(iii) the extent to which the educational
needs of children and youths in out of home
care are being met; and
``(iv) such other data and information as
the Secretary determines necessary and relevant
to carry out this subtitle.
``(B) Coordination.--The Secretary shall coordinate
such collection and dissemination with other agencies
and entities that receive assistance and administer
programs under this subtitle. The Secretary shall also
coordinate the collection of such data with the data
collection required under section 724(h).
``(2) Report.--Not later than four years after the date of
the enactment of this subtitle, the Secretary shall submit to
the President and the Committee on Education and Labor of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report on the
status of education of children and youths in out of home care,
including information on the actions of the Secretary and the
effectiveness of the programs supported under this subtitle.
``(e) Rules of Construction.--
``(1) No shifting responsibilities.--Nothing in this
subtitle is intended to shift responsibilities to State or
local educational agencies for duties and activities related to
meeting the educational needs of children and youths in out of
home care that the State child welfare agency has specifically
assumed in its State plan submitted pursuant to parts B or E of
title IV of the Social Security Act (42 U.S.C. 621 et seq. and
670 et seq.).
``(2) No preclusion of early implementation.--Nothing in
this section shall preclude a State from extending the
protections under this section to children and youths in out of
home care before the date that is two years after the date of
the enactment of this subtitle or the date on which the amount
appropriated under section 726 equals or exceeds $90,000,000,
whichever comes first, except that if a State implements such
protections before either of such dates, the State shall first
submit the implementation plan required under subsection (c).
``(f) Supplement, Not Supplant.--Funds appropriated under this
subtitle shall be used to supplement, not supplant, Federal and non-
Federal funds available through State and local child welfare agencies
for expenses related to the education of children and youths who are in
out of home care.
``SEC. 733. SPECIAL RULE REGARDING TRANSPORTATION FOR CHILDREN AND
YOUTHS IN OUT OF HOME CARE.
``State and local educational agencies shall be required to ensure
that transportation is provided to enable children and youths in out of
home care to remain in their schools of origin as specified under this
subtitle--
``(1) when the amount appropriated under section 726 equals
or exceeds $140,000,000;
``(2) such transportation is otherwise required by law; or
``(3) the responsible child welfare agency or other entity
agrees to reimburse the cost of providing such transportation.
``SEC. 734. CHILDREN AND YOUTHS AWAITING FOSTER CARE PLACEMENT.
``Nothing in sections 732 and 733 shall be construed to relieve
States or local educational agencies of responsibility under this
subtitle to serve children and youths awaiting foster care placement.
``SEC. 735. ACTION BY COURT.
``If the right of the birth or adoptive parent or legal guardian of
a child or youth to make educational decisions for such child or youth
has been terminated or suspended by an order of the court, or if the
birth or adoptive parent or legal guardian cannot be identified or
located after reasonable efforts, is not available with reasonable
promptness to assist in enrollment or placement decisions, or is not
acting in the best educational interests of such child or youth with
respect to enrollment or placement decisions, a court may appoint an
individual to serve as the educational decisionmaker of such child or
youth who shall have the same rights as a parent or guardian under this
subtitle. In making such appointment, if such child or youth is
eligible for services under the Individuals with Disabilities Education
Act, the court shall consider whether the individual who is serving as
the parent or surrogate parent under sections 615(b)(2) and 639(a)(5)
of such Act of such child or youth should serve as the educational
decisionmaker for the purpose of this subtitle.
``SEC. 736. DEFINITIONS.
``In this subtitle:
``(1) Children and youths in out of home care.--The term
`children and youths in out of home care' means children and
youths who are in the custody of a public child welfare agency,
including foster family homes, kinship care families, group
homes, and other congregate care facilities.
``(2) Parent or guardian.--The term `parent or guardian'
means, with respect to children or youths in out of home care--
``(A) the birth or adoptive parent or legal
guardian of such a child or youth, unless such parent's
or guardian's right to make educational decisions for
such child or youth has been terminated or suspended by
a court; or
``(B) the educational decisionmaker appointed by a
court to make educational decisions for such child or
youth.''.
(b) Conforming Amendment.--The table of contents of the McKinney-
Vento Homeless Assistance Act is amended by adding at the end the
following:
``Subtitle C--Implementation of Protection and Services for Children
and Youths in Out of Home Care
``Sec. 731. Statements of policy.
``Sec. 732. Implementation of protection and services for children and
youths in out of home care.
``Sec. 733. Special rule regarding transportation for children and
youths in out of home care.
``Sec. 734. Children and youths awaiting foster care placement.
``Sec. 735. Action by court.
``Sec. 736. Definitions.''. | Amends the McKinney-Vento Homeless Assistance Act to require each state through its state educational agency (SEA) and its local educational agency (LEA), in collaboration with its state and local child welfare agencies, to provide children and youths in out of home care with certain educational protection and services, including: (1) guarantee that they will not be segregated in a separate or stigmatized school or separate program within a school based on their status of being in out of home care; and (2) equal access to the state-funded and LEA-funded preschool programs, appropriate secondary education and support services, and before- and after-school programs for which they are eligible, including extracurricula activities.
Requires SEA- or LEA-provided transportation to the school of origin for such a child or youth only in certain circumstances, and only if the SEA or LEA is reimbursed by the responsible child welfare agency or other entity. | {"src": "billsum_train", "title": "To amend the McKinney-Vento Homeless Assistance Act to provide for the implementation of protection and services for children and youths in out of home care, and for other purposes."} | 2,922 | 208 | 0.568243 | 1.838602 | 0.751242 | 4.044944 | 15.162921 | 0.898876 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minnesota Education Investment and
Employment Act''.
SEC. 2. LAND EXCHANGE, BOUNDARY WATERS CANOE AREA WILDERNESS AND
SUPERIOR NATIONAL FOREST, MINNESOTA.
(a) Findings.--Congress makes the following findings:
(1) The State of Minnesota owns multiple parcels of land in
the Boundary Waters Canoe Area Wilderness in the Superior
National Forest that were granted to the State through sections
16 and 36 of the Enabling Act of 1857 to be held in trust for
the benefit of the public school system in the State (in this
section referred to as ``State trust lands'').
(2) The State trust lands were acquired by the State long
before the establishment of either the National Forest System
or the wilderness area and are scattered in a largely
checkerboard fashion amid the Superior National Forest and the
wilderness area.
(3) The presence of State trust lands in the wilderness
area makes land and resource management in the wilderness area
more difficult, costly, and controversial for the United States
and the State.
(4) Although the State trust lands were granted to the
State to generate financial support for the public school
system through the sale or development of natural resources,
development of those resources in the wilderness area may be
incompatible with managing the wilderness area for
recreational, natural, and conservation purposes.
(5) The United States owns land and interests in land in
other parts of the State that can be transferred to the State
in exchange for the State trust lands without jeopardizing
Federal management objectives or needs.
(6) It is in the public interest to exchange, on terms that
are fair to the United States and the State, National Forest
System land in the State that has limited recreational and
conservation resources for State trust lands located in the
wilderness area with important recreational, scenic, and
conservation resources for permanent public management and use.
(7) The Legislature of the State of Minnesota, meeting in
its 87th Legislative Session, passed (and on April 27, 2012,
the Governor of Minnesota approved) S.F No. 1750 (Chapter 236),
section 4 of which adds section 92.80 to the Minnesota Statutes
to expedite the exchange of a portion of the State trust lands
located within the Boundary Waters Canoe Area Wilderness.
(b) Land Exchange Required.--The Secretary of Agriculture shall
consummate a land exchange with the State of Minnesota pursuant to
section 4 of S.F No. 1750 (Chapter 236) of the Legislature of the State
of Minnesota (section 92.80 of the Minnesota Statutes) to acquire all
right, title, and interest of the State in and to certain State trust
lands identified as provided in such section in exchange for all right,
title, and interest of the United States in and to National Forest
System land in the State for inclusion in the State trust lands.
(c) Valuation of Lands for Exchange.--Subdivision 4 of section 4 of
S.F No. 1750 (Chapter 236) of the Legislature of the State of Minnesota
(section 92.80 of the Minnesota Statutes) shall control for purposes of
the examination and value determination of the lands to be exchanged.
(d) Survey and Administrative Costs.--The exact acreage and legal
description of the land to be exchanged under subsection (b) shall be
determined by a survey satisfactory to the Secretary. The State of
Minnesota shall be responsible for the costs of the survey and all
other administrative costs related to the land exchange.
(e) Boundaries and Management of Acquired Land.--
(1) Land acquired by secretary.--
(A) In general.--The land acquired by the Secretary
under subsection (b) shall be added to and administered
as part of the Boundary Waters Canoe Area Wilderness
established pursuant to section 3 of the Wilderness Act
(16 U.S.C. 1132(a)), and the Secretary shall modify the
boundaries of the wilderness area to reflect inclusion
of the acquired lands. Subject to subparagraph (B), the
land acquired by the Secretary shall be managed in
accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and other laws and regulations applicable to the
National Wilderness Preservation System.
(B) No effect on existing fishing and hunting
rights.--The acquisition of land by the United States
under subsection (b) and inclusion of the land in the
Boundary Waters Canoe Area Wilderness shall not alter
or otherwise affect--
(i) any fishing and hunting rights in
existence with respect to the land immediately
before the conveyance of the land to the United
States; or
(ii) the use of such rights after
conveyance.
(2) Land acquired by state.--The land acquired by the State
of Minnesota under subsection (b) shall be deemed to be State
trust lands and shall be held in trust for the benefit of the
public school system in the State. It is the sense of Congress
that, whenever the land acquired by the State of Minnesota
under subsection (b) is not being used for revenue-generating
activities, the State should make the land available for other
compatible uses, including hunting, fishing, hiking, biking,
snowmobiling, and trail riding.
(3) Boundaries of superior national forest.--The Secretary
shall modify the boundaries of the Superior National Forest to
reflect the land exchange conducted under this section.
(f) Relation to Other Laws.--
(1) Land and water conservation fund act.--For purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the Superior National
Forest, as modified by subsection (e)(3), shall be considered
to be boundaries of the Superior National Forest as of January
1, 1965.
(2) Not a major federal action.--The land exchange
conducted under this section shall not be considered to be a
major Federal action.
(3) Thye-blatnik act.--The Secretary shall not take into
consideration the lands acquired by the United States under
this Act in determining the appraised value of National Forest
System lands in the State of Minnesota used for purposes of
making payments to the State of Minnesota under the Act of June
22, 1948, and the Act of June 22, 1956 (commonly known as the
Thye-Blatnik Act and Humphrey-Thye-Blatnik-Andresen Act; 16
U.S.C. 577c through 577h).
(g) No Impact on Other Land Exchanges.--The land exchange described
in subsection (b) does not affect any land exchange involving National
Forest System land in the State of Minnesota underway as of the date of
the enactment of this Act.
(h) Report.--If the Secretary fails to complete the land exchange
described in subsection (b) before the end of the 18-month period
beginning on the date of the enactment of this Act, the Secretary shall
submit to Congress, not later than 30 days after the end of such
period, a report--
(1) specifying the reasons why the exchange has not been
completed; and
(2) stating the date by which the Secretary anticipates the
conveyance will be completed.
Passed the House of Representatives September 12, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Minnesota Education Investment and Employment Act - Directs the Secretary of Agriculture (USDA) to complete a land exchange involving National Forest System land in Minnesota and Minnesota state lands.
Requires the exchange to be consummated pursuant to specified Minnesota law. Makes Minnesota responsible for the costs of the survey and all other administrative costs related to the land exchange.
Adds the lands acquired by the Secretary to the Boundary Waters Canoe Area Wilderness and modifies the boundaries of such Wilderness to reflect their inclusion.
Prohibits the acquisition, and inclusion, of land by the United States in the Boundary Waters Canoe Area Wilderness from altering or affecting current fishing and hunting rights.
Deems the lands acquired by Minnesota to be state trust lands and to be held in trust for the benefit of its public school system. Expresses the sense of Congress that, whenever the land acquired by Minnesota is not being used for revenue-gathering activities, it should make such land available for other compatible uses, including hunting, fishing, hiking, biking, snowmobiling, and trail riding.
Instructs the Secretary to modify the boundaries of Superior National Forest to reflect the land exchange under this Act.
States that the land exchange under this Act shall not be considered to be a major federal action.
Prohibits the Secretary from taking into consideration the lands acquired by the United States in determining the appraisal value of System lands in Minnesota used for the purposes of making payments to Minnesota under the Thye-Blatnik Act and Humphrey-Thye-Blatnik-Andreson Act.
Requires the Secretary to report to Congress, if the Secretary fails to complete the land exchange within the 18-month period following enactment of this Act. | {"src": "billsum_train", "title": "To authorize and expedite a land exchange involving National Forest System land in the Laurentian District of the Superior National Forest and certain other National Forest System land in the State of Minnesota that has limited recreational and conservation resources and lands owned by the State of Minnesota in trust for the public school system that are largely scattered in checkerboard fashion within the Boundary Waters Canoe Area Wilderness and have important recreational, scenic, and conservation resources, and for other purposes."} | 1,615 | 392 | 0.584322 | 1.982976 | 0.717239 | 4.259375 | 4.56875 | 0.921875 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Farm, Fishing, and
Ranch Risk Management Act''.
(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. FARM, FISHING, AND RANCH RISK MANAGEMENT ACCOUNTS.
(a) In General.--Subpart C of part II of subchapter E of chapter 1
(relating to taxable year for which deductions taken) is amended by
inserting after section 468B the following new section:
``SEC. 468C. FARM, FISHING, AND RANCH RISK MANAGEMENT ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual engaged in
an eligible farming business or commercial fishing, there shall be
allowed as a deduction for any taxable year the amount paid in cash by
the taxpayer during the taxable year to a Farm, Fishing, and Ranch Risk
Management Account (hereinafter referred to as the `FFARRM Account').
``(b) Limitation.--
``(1) Contributions.--The amount which a taxpayer may pay
into the FFARRM Account for any taxable year shall not exceed
20 percent of so much of the taxable income of the taxpayer
(determined without regard to this section) which is
attributable (determined in the manner applicable under section
1301) to any eligible farming business or commercial fishing.
``(2) Distributions.--Distributions from a FFARRM Account
may not be used to purchase, lease, or finance any new fishing
vessel, add capacity to any fishery, or otherwise contribute to
the overcapitalization of any fishery. The Secretary of
Commerce shall implement regulations to enforce this paragraph.
``(c) Eligible Businesses.--For purposes of this section--
``(1) Eligible farming business.--The term `eligible
farming business' means any farming business (as defined in
section 263A(e)(4)) which is not a passive activity (within the
meaning of section 469(c)) of the taxpayer.
``(2) Commercial fishing.--The term `commercial fishing'
has the meaning given such term by section (3) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1802) but only if such fishing is not a passive activity
(within the meaning of section 469(c)) of the taxpayer.
``(d) FFARRM Account.--For purposes of this section--
``(1) In general.--The term `FFARRM Account' means a trust
created or organized in the United States for the exclusive
benefit of the taxpayer, but only if the written governing
instrument creating the trust meets the following requirements:
``(A) No contribution will be accepted for any
taxable year in excess of the amount allowed as a
deduction under subsection (a) for such year.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
such person will administer the trust will be
consistent with the requirements of this section.
``(C) The assets of the trust consist entirely of
cash or of obligations which have adequate stated
interest (as defined in section 1274(c)(2)) and which
pay such interest not less often than annually.
``(D) All income of the trust is distributed
currently to the grantor.
``(E) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Account taxed as grantor trust.--The grantor of a
FFARRM Account shall be treated for purposes of this title as
the owner of such Account and shall be subject to tax thereon
in accordance with subpart E of part I of subchapter J of this
chapter (relating to grantors and others treated as substantial
owners).
``(e) Inclusion of Amounts Distributed.--
``(1) In general.--Except as provided in paragraph (2),
there shall be includible in the gross income of the taxpayer
for any taxable year--
``(A) any amount distributed from a FFARRM Account
of the taxpayer during such taxable year, and
``(B) any deemed distribution under--
``(i) subsection (f)(1) (relating to
deposits not distributed within 5 years),
``(ii) subsection (f)(2) (relating to
cessation in eligible farming business), and
``(iii) subparagraph (B) or (C) of
subsection (f)(3) (relating to prohibited
transactions and pledging account as security).
``(2) Exceptions.--Paragraph (1)(A) shall not apply to--
``(A) any distribution to the extent attributable
to income of the Account, and
``(B) the distribution of any contribution paid
during a taxable year to a FFARRM Account to the extent
that such contribution exceeds the limitation
applicable under subsection (b) if requirements similar
to the requirements of section 408(d)(4) are met.
For purposes of subparagraph (A), distributions shall be
treated as first attributable to income and then to other
amounts.
``(f) Special Rules.--
``(1) Tax on deposits in account which are not distributed
within 5 years.--
``(A) In general.--If, at the close of any taxable
year, there is a nonqualified balance in any FFARRM
Account--
``(i) there shall be deemed distributed
from such Account during such taxable year an
amount equal to such balance, and
``(ii) the taxpayer's tax imposed by this
chapter for such taxable year shall be
increased by 10 percent of such deemed
distribution.
The preceding sentence shall not apply if an amount
equal to such nonqualified balance is distributed from
such Account to the taxpayer before the due date
(including extensions) for filing the return of tax
imposed by this chapter for such year (or, if earlier,
the date the taxpayer files such return for such year).
``(B) Nonqualified balance.--For purposes of
subparagraph (A), the term `nonqualified balance' means
any balance in the Account on the last day of the
taxable year which is attributable to amounts deposited
in such Account before the 4th preceding taxable year.
``(C) Ordering rule.--For purposes of this
paragraph, distributions from a FFARRM Account (other
than distributions of current income) shall be treated
as made from deposits in the order in which such
deposits were made, beginning with the earliest
deposits.
``(2) Cessation in eligible business.--At the close of the
first disqualification period after a period for which the
taxpayer was engaged in an eligible farming business or
commercial fishing, there shall be deemed distributed from the
FFARRM Account of the taxpayer an amount equal to the balance
in such Account (if any) at the close of such disqualification
period. For purposes of the preceding sentence, the term
`disqualification period' means any period of 2 consecutive
taxable years for which the taxpayer is not engaged in an
eligible farming business or commercial fishing.
``(3) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 220(f)(8) (relating to treatment on
death).
``(B) Section 408(e)(2) (relating to loss of
exemption of account where individual engages in
prohibited transaction).
``(C) Section 408(e)(4) (relating to effect of
pledging account as security).
``(D) Section 408(g) (relating to community
property laws).
``(E) Section 408(h) (relating to custodial
accounts).
``(4) Time when payments deemed made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to a
FFARRM Account on the last day of a taxable year if such
payment is made on account of such taxable year and is made on
or before the due date (without regard to extensions) for
filing the return of tax for such taxable year.
``(5) Individual.--For purposes of this section, the term
`individual' shall not include an estate or trust.
``(6) Deduction not allowed for self-employment tax.--The
deduction allowable by reason of subsection (a) shall not be
taken into account in determining an individual's net earnings
from self-employment (within the meaning of section 1402(a))
for purposes of chapter 2.
``(g) Reports.--The trustee of a FFARRM Account shall make such
reports regarding such Account to the Secretary and to the person for
whose benefit the Account is maintained with respect to contributions,
distributions, and such other matters as the Secretary may require
under regulations. The reports required by this subsection shall be
filed at such time and in such manner and furnished to such persons at
such time and in such manner as may be required by such regulations.''
(b) Tax on Excess Contributions.--
(1) Subsection (a) of section 4973 (relating to tax on
excess contributions to certain tax-favored accounts and
annuities) is amended by striking ``or'' at the end of
paragraph (3), by redesignating paragraph (4) as paragraph (5),
and by inserting after paragraph (3) the following new
paragraph:
``(4) a FFARRM Account (within the meaning of section
468C(d)), or''.
(2) Section 4973 is amended by adding at the end the
following new subsection:
``(g) Excess Contributions to FFARRM Accounts.--For purposes of
this section, in the case of a FFARRM Account (within the meaning of
section 468C(d)), the term `excess contributions' means the amount by
which the amount contributed for the taxable year to the Account
exceeds the amount which may be contributed to the Account under
section 468C(b) for such taxable year. For purposes of this subsection,
any contribution which is distributed out of the FFARRM Account in a
distribution to which section 468C(e)(2)(B) applies shall be treated as
an amount not contributed.''
(3) The section heading for section 4973 is amended to read
as follows:
``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES,
ETC.''
(4) The table of sections for chapter 43 is amended by
striking the item relating to section 4973 and inserting the
following new item:
``Sec. 4973. Excess contributions to
certain accounts, annuities,
etc.''
(c) Tax on Prohibited Transactions.--
(1) Subsection (c) of section 4975 (relating to tax on
prohibited transactions) is amended by adding at the end the
following new paragraph:
``(6) Special rule for ffarrm accounts.--A person for whose
benefit a FFARRM Account (within the meaning of section
468C(d)) is established shall be exempt from the tax imposed by
this section with respect to any transaction concerning such
account (which would otherwise be taxable under this section)
if, with respect to such transaction, the account ceases to be
a FFARRM Account by reason of the application of section
468C(f)(3)(A) to such account.''
(2) Paragraph (1) of section 4975(e) is amended by
redesignating subparagraphs (E) and (F) as subparagraphs (F)
and (G), respectively, and by inserting after subparagraph (D)
the following new subparagraph:
``(E) a FFARRM Account described in section
468C(d),''.
(d) Failure To Provide Reports on FFARRM Accounts.--Paragraph (2)
of section 6693(a) (relating to failure to provide reports on certain
tax-favored accounts or annuities) is amended by redesignating
subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively,
and by inserting after subparagraph (B) the following new subparagraph:
``(C) section 468C(g) (relating to FFARRM
Accounts),''.
(e) Clerical Amendment.--The table of sections for subpart C of
part II of subchapter E of chapter 1 is amended by inserting after the
item relating to section 468B the following new item:
``Sec. 468C. Farm, Fishing and Ranch Risk
Management Accounts.''
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Farm, Fishing, and Ranch Risk Management Act - Amends the Internal Revenue Code to allow an individual involved in an eligible farming or commercial fishing business to make a deductible contribution up to 20 percent of his or her farming or fishing taxable income to a Farm, Fishing, and Ranch Risk Management Account (FFARRM Account).States that: (1) Account distributions may not be used to add capacity or contribute to the overcapitalization of any fishery; (2) Account contributions shall not reduce self-employment net earnings; (3) Account distributions (other than income attributed to the Account) shall be includible in gross income, including deposits not distributed within five years. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for Farm, Fishing, and Ranch Risk Management Accounts, and for other purposes."} | 2,963 | 145 | 0.605682 | 1.631177 | 0.678782 | 3.150794 | 20.515873 | 0.912698 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Success in Iraq And
Diplomatic Surge for National and Political Reconciliation in Iraq Act
of 2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--MILITARY SUCCESS IN IRAQ ACT OF 2007
Sec. 101. Declarations of policy.
Sec. 102. Repeal of public law 107-243.
Sec. 103. Withdrawal of united states armed forces and contractor
security forces from iraq.
TITLE II--DIPLOMATIC SURGE FOR JUSTICE, PEACE, AND SUCCESS IN IRAQ ACT
OF 2007
Sec. 201. United states policy.
Sec. 202. Presidential actions.
Sec. 203. Rule of construction.
Sec. 204. Reports.
TITLE I--MILITARY SUCCESS IN IRAQ ACT OF 2007
SEC. 101. DECLARATIONS OF POLICY.
Congress makes the following declarations of policy:
(1) The authorization for use of Military Force Against
Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541
note) is the sole basis of authority under which the President
of the United States launched the invasion of Iraq in 2003.
(2) Congress authorized the President to use military force
against Iraq to achieve the following two objectives:
(A) To defend the national security of the United
States--
(i) by disarming Iraq of any weapons of
mass destruction that could threaten the
security of the United States and international
peace in the Persian Gulf region;
(ii) by changing the Iraqi regime so that
Saddam Hussein and his Baathist party no longer
posed a threat to the people of Iraq or its
neighbors;
(iii) by bringing to justice any members of
al Qaeda bearing responsibility for the attacks
on the United States, its citizens, and
interests, including the attacks that occurred
on September 11, 2001, known or found to be in
Iraq; and
(iv) by ensuring that the regime of Saddam
Hussein would not provide weapons of mass
destruction to international terrorists,
including al Qaeda.
(B) To enforce all relevant United Nations Security
Council resolutions regarding Iraq.
(3) Whenever military force is authorized pursuant to an
Act of Congress, such authorization of military force
automatically expires upon the achievement of the objectives
stated in the Act of Congress.
(4) Congress has the ultimate authority to determine when
and whether the objectives stated in an Act of Congress which
authorizes the use of military force have been achieved.
SEC. 102. REPEAL OF PUBLIC LAW 107-243.
(a) Findings.--Congress finds that--
(1) the objectives of the authorization for use of Military
Force Against Iraq Resolution of 2002 (Public Law 107-243; 50
U.S.C. 1541 note) have been achieved; and
(2) the authorization of military force contained in Public
Law 107-243 has expired.
(b) Repeal of Public Law 107-243.--The Authorization for Use of
Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50
U.S.C. 1541 note) is hereby repealed.
SEC. 103. WITHDRAWAL OF UNITED STATES ARMED FORCES AND CONTRACTOR
SECURITY FORCES FROM IRAQ.
(a) Withdrawal of Armed Forces and Contractor Security Forces From
Iraq.--Not later than October 1, 2007, or 90 days after the date of the
enactment of this Act, whichever shall occur first, all units and
members of the Armed Forces deployed to Iraq and all security forces
under contract or subcontract with the United States Government and
working in Iraq shall be withdrawn from Iraq.
(b) Prohibition on Use of Funds To Continue Deployment of Armed
Forces to Iraq.--
(1) Prohibition.--Except as provided in paragraph (2),
funds appropriated or otherwise made available under any
provision of law may not be obligated or expended to deploy or
continue to deploy members or units of the Armed Forces to
Iraq.
(2) Exception.--Paragraph (1) does not apply to the use of
funds to provide for the safe and orderly withdrawal of the
Armed Forces and contractor security forces from Iraq pursuant
to subsection (c).
(c) Exception.--Subsections (a) and (b) do not apply if a Joint
Resolution which provides specific statutory authorization within the
meaning of section 5(b) of the War Powers Resolution (50 U.S.C.
1544(b)) for the deployment or continued deployment of units and
members of the Armed Forces and contractor security forces to Iraq is
enacted into law during the time period described in subsection (a).
(d) Armed Forces Defined.--In this section, the term ``Armed
Forces'' has the meaning given the term in section 101(a)(4) of title
10, United States Code.
TITLE II--DIPLOMATIC SURGE FOR JUSTICE, PEACE, AND SUCCESS IN IRAQ ACT
OF 2007
SEC. 201. UNITED STATES POLICY.
It shall be the policy of the United States to pursue regional and
international initiatives and steps to assist the Government of Iraq to
achieve certain security, political, and economic milestones so as to
marginalize extremists and terrorists, promote United States values and
interests, and improve the global image of the United States.
SEC. 202. PRESIDENTIAL ACTIONS.
To implement the policy set forth in section 201, the President
shall take the following actions:
(1) Not later than ten days after the date of the enactment
of this Act, the United States, working with the Government of
Iraq, shall launch a comprehensive diplomatic initiative to
deal with the problems of Iraq and of the region.
(2) The goals of the diplomatic initiative as it relates to
regional players shall be to--
(A) support the unity and territorial integrity of
Iraq, with the assistance of bona fide international
peacekeeping force if necessary;
(B) stop destabilizing interventions and actions by
Iraq's neighbors;
(C) secure Iraq's borders, including the use of
joint patrols with neighboring countries;
(D) prevent the expansion of the instability and
conflict beyond Iraq's borders;
(E) promote economic assistance, commerce, trade,
political support, and, if possible, military
assistance for the Government of Iraq from
nonneighboring Muslim countries;
(F) energize countries to support national
political reconciliation in Iraq;
(G) validate Iraq's legitimacy by resuming
diplomatic relations, where appropriate, and
reestablishing embassies in Baghdad;
(H) assist Iraq to establish active working
embassies in key capitals in the region (for example,
in Riyadh, Saudi Arabia);
(I) help Iraq reach a mutually acceptable agreement
on Kirkuk; and
(J) assist the Government of Iraq achieve certain
security, political, and economic milestones, including
better performance on issues such as national
reconciliation, equitable distribution of oil revenues,
and the dismantling of militias.
(3) As a complement to the diplomatic initiative, the
President shall appoint a Special Envoy for National and
Political Reconciliation in Iraq (``SENPRI)'') whose exclusive
commission shall be to undertake the peaceful reconciliation of
the major stakeholders in Iraq, particularly the Sunnis, Shias,
and Kurds. The SENPRI shall meet with such persons,
organizations, and entities, and make such recommendations, as
he deems necessary and expedient for bringing about national
and political reconciliation in Iraq.
(4) As a further complement to the diplomatic initiative,
the United States and the Government of Iraq shall support the
holding of a conference or meeting in Baghdad of the
Organization of the Islamic Conference or the Arab League to
assist the Government of Iraq to promote national
reconciliation in Iraq and to reestablish the diplomatic
presence in Iraq of the Organization of the Islamic Conference
and the Arab League.
(5) As an instrument of the diplomatic initiative, an Iraq
International Support Group shall be organized.
(6) The Iraq International Support Group shall consist of
Iraq and all the countries bordering Iraq, including Iran and
Syria, the key regional countries, including Egypt and the Gulf
States, the five permanent members of the United Nations
Security Council, the European Union, and such other
industrialized countries that might contribute to resolving
political, diplomatic, and security problems affecting Iraq.
(7) The diplomatic initiative and the work of the Iraq
International Support Group shall be carried out with urgency,
and shall be conducted by and organized at the level of foreign
minister or above, and the United States efforts shall be led
by the President or the Secretary of State and shall be both
bilateral and multilateral.
(8) The Iraq International Support Group shall enlist the
participation of the office of the United Nations Secretary
General in its work. The Secretary General should designate a
Special Envoy as the representative of the Secretary General.
(9) The Iraq International Support Group, as part of the
diplomatic initiative, shall develop specific approaches to
neighboring countries that take into account the differing
interests, perspectives, and potential contributions of each
such country.
(10) Diplomatic efforts within the Iraq International
Support Group shall seek to persuade Iran that it should take
specific steps to improve the situation in Iraq, including the
following:
(A) Iran should stem the flow of equipment,
technology, and training to any group resorting to
violence in Iraq.
(B) Iran should affirm its support for the
territorial integrity of Iraq as a unified state, as
well as its respect for the sovereignty of Iraq and its
government.
(C) Iran should use its influence, especially over
Shia groups in Iraq, to encourage national
reconciliation.
(D) Iran should help in the economic reconstruction
of Iraq.
(11) The United States and the Iraq International Support
Group shall encourage Syria to take specific steps to improve
the situation in Iraq, including the following:
(A) Syria should control its border with Iraq to
the maximum extent possible and work together with
Iraqis on joint patrols on the border to stem the flow
of funding, insurgents, and terrorists in and out of
Iraq.
(B) Syria should establish hotlines to exchange
information with the Iraqis.
(C) Syria should increase its political and
economic cooperation with Iraq.
SEC. 203. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to prohibit or otherwise
restrict the use of funds available to any department or agency of the
United States to carry out social and economic reconstruction
activities in Iraq.
SEC. 204. REPORTS.
The President shall submit to Congress every 30 days a report on
the status of diplomatic efforts described in section 202. | Military Success in Iraq and Diplomatic Surge for National and Political Reconciliation in Iraq Act of 2007 - Makes specified declarations of policy, including that: (1) the Authorization for Use of Military Force Against Iraq Resolution of 2002 (the Iraq Resolution) is the sole basis of authority under which the President launched the invasion of Iraq in 2003; (2) Congress authorized the use of such force to defend U.S. national security and to enforce all relevant United Nations (UN) Security Council resolutions regarding Iraq; and (3) Congress has the ultimate authority to determine whether such objectives have been achieved.
Repeals the Iraq Resolution.
Requires the withdrawal, by the earlier of October 1, 2007, or 90 days after the enactment of this Act, of all units and members of U.S. Armed Forces deployed in Iraq, as well as all security forces under federal contract and working in Iraq. Provides exceptions.
States as the policy of the United States to pursue regional and international initiatives to assist Iraq in achieving certain security, political, and economic milestones. Sets forth presidential actions to implement such policy. | {"src": "billsum_train", "title": "To recognize the extraordinary performance of the Armed Forces in achieving the military objectives of the United States in Iraq, to terminate the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243), to require congressional reauthorization to continue deployment of the Armed Forces to Iraq, and for other purposes."} | 2,387 | 232 | 0.656818 | 1.922504 | 0.85052 | 4.882075 | 10.358491 | 0.948113 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bonneville Power Administration
Appropriations Refinancing Act''.
SEC. 2. DEFINITIONS.
For the purpose of this Act--
(1) ``Administrator'' means the Administrator of the
Bonneville Power Administration;
(2) ``capital investment'' means a capitalized cost funded
by Federal appropriations that--
(A) is for a project, facility, or separable unit
or feature of a project or facility;
(B) is a cost for which the Administrator is
required by law to establish rates to repay to the
United States Treasury through the sale of electric
power, transmission, or other services;
(C) excludes a Federal irrigation investment; and
(D) excludes an investment financed by the current
revenues of the Administrator or by bonds issued and
sold, or authorized to be issued and sold, by the
Administrator under section 13 of the Federal Columbia
River Transmission System Act (16 U.S.C. 838(k));
(3) ``old capital investment'' means a capital investment
whose capitalized cost--
(A) was incurred, but not repaid, before October 1,
1995, and
(B) was for a project, facility, or separable unit
or feature of a project or facility, placed in service
before October 1, 1995;
(4) ``repayment date'' means the end of the period within
which the Administrator's rates are to assure the repayment of
the principal amount of a capital investment; and
(5) ``Treasury rate'' for a fiscal year means a rate that
the Secretary of the Treasury determines as soon as practicable
after the beginning of the fiscal year and that is equal to the
average prevailing market yield during the preceding fiscal
year on interest-bearing marketable securities of the United
States which, at the time the computation is made, have terms
of 15 years or more remaining to maturity. The average yield is
computed as the average during the preceding fiscal year using
the daily bid prices. When the average yield so computed is not
a multiple of one-eighth of one percent, the rate is the
multiple of one-eighth of one percent nearest to the average
yield.
SEC. 3. NEW PRINCIPAL AMOUNTS.
(a) Effective October 1, 1995, an old capital investment has a new
principal amount that is the sum of--
(1) the present value, calculated using a discount rate
equal to the Treasury rate for fiscal year 1996, of the old
payment amounts for the old capital investment; and
(2) an amount equal to $100,000,000 multiplied by a
fraction whose numerator is the principal amount of the old
payment amounts for the old capital investment and whose
denominator is the sum of the principal amounts of the old
payment amounts for all old capital investments.
(b) The Administrator shall determine the new principal; amounts
for old capital investments. The Administrator shall obtain approval by
the Secretary of the Treasury of the Administrator's determination of
the new principal amounts and the Administrator's assignment of the
interest rate to the new principal amounts, on the basis of consistency
with the provisions of this Act.
(c) For the purposes of this section, ``old payment amounts''
means, for an old capital investment, the annual interest and principal
that the Administrator would have paid to the United States Treasury
from October 1, 1995, if this Act were not enacted, assuming that--
(1) the principal were repaid--
(A) on the repayment date the Administrator
assigned before October 1, 1993, to the old capital
investment, or
(B) with respect to an old capital investment for
which the Administrator has not assigned a repayment
date before October 1, 1993, on a repayment date the
Administrator shall assign to the old capital
investment in accordance with paragraph 10(d)(1) of the
version of Department of Energy Order RA 6120.2 in
effect on October 1, 1993; and
(2) interest were paid--
(A) at the interest rate the Administrator assigned
before October 1, 1993, to the old capital investment,
or
(B) with respect to an old capital investment for
which the Administrator has not assigned an interest
rate before October 1, 1993, at the Treasury rate for
the fiscal year in which construction is initiated on
the project, facility, or separable unit or feature the
old capital investment concerns.
SEC. 4. INTEREST RATE FOR NEW PRINCIPAL AMOUNTS.
As of October 1, 1995, the unpaid balance on the new principal
amount established for an old capital investment under section 3 bears
interest annually at the Treasury rate for fiscal year 1996 until the
earlier of the date that the new principal amount is repaid or the
repayment date for the new principal amount.
SEC. 5. REPAYMENT DATES.
As of October 1, 1995, the repayment date for the new principal
amount established for an old capital investment under section 3 is no
earlier than the repayment date for the old capital investment assumed
in section 3(c)(1).
SEC. 6. PREPAYMENT LIMITATIONS.
During the period October 1, 1995, through September 30, 2000, the
total new principal amounts of old capital investments, as established
under section 3, that the Administrator may pay before their respective
repayment dates shall not exceed $100,000,000.
SEC. 7. INTEREST RATES FOR NEW CAPITAL INVESTMENTS DURING CONSTRUCTION.
(a) The principal amount of a capital investment for a project,
facility, or separable unit or feature of a project or facility, placed
in service after September 30, 1995, includes interest in each fiscal
year of construction at a rate equal to the one-year rate for the
fiscal year on the sum of--
(1) construction expenditures that were made from the date
construction commenced through the end of the fiscal year, and
(2) accrued interest during construction.
(b) The Administrator is not required to pay, during construction
of the project, facility, or separable unit or feature, the interest
calculated, accrued, and capitalized under subsection (a).
(c) For the purposes of this section, ``one-year rate'' for a
fiscal year means the one-year Treasury agency borrowing rate as
determined by the Secretary of the Treasury for use during the first
month of the fiscal year taking into consideration the average of
market yields on outstanding marketable interest-bearing obligations of
the United States with approximate periods to maturity of one year.
SEC. 8. INTEREST RATES FOR NEW CAPITAL INVESTMENTS.
The unpaid balance on the principal amount of a capital investment
for a project, facility, or separable unit or feature of a project or
facility, placed in service after September 30, 1995, bears interest--
(1) from the date it is placed in service until the earlier
of the date the capital investment is repaid or the end of the
repayment period for the capital investment,
(2) at a rate determined by the Secretary of the Treasury
for use in assigning interest rates to new capital investments
during the month that includes the date the new capital
investment is placed in service, taking into consideration the
average of market yields on outstanding marketable interest-
bearing obligations of the United States with periods to
maturity comparable to the repayment period of the capital
investment.
SEC. 9. CREDITS TO THE ADMINISTRATOR'S PAYMENTS TO THE UNITED STATES
TREASURY.
(a) Notwithstanding any other law, the Administrator shall apply
against amounts payable by the Administrator to the United States
Treasury a credit in the amount of $15.25 million in fiscal year 1996,
$15.86 million in fiscal year 1997, $16.49 million in fiscal year 1998,
$17.15 million in fiscal year 1999, $17.84 million in fiscal year 2000,
and $4.10 million in each succeeding fiscal year so long as the
Administrator makes annual payments to the Tribes under the settlement
agreement.
(b) For the purposes of this section, ``settlement agreement''
means that settlement agreement between the United States of America
and the Confederated Tribes of the Colville Reservation signed by the
Tribes on April 16, 1994, and by the United States of America on April
21, 1994, which settlement agreement resolves claims of the Tribes in
Docket 181-D of the Indian Claims Commission, which docket has been
transferred to the United States Court of Federal Claims; and,
``Tribes'' means the Confederated Tribes of the Colville Reservation, a
federally-recognized Indian Tribe.
SEC. 10. CONTRACT PROVISIONS.
In each contract of the Administrator that provides for the
Administrator to sell electric power, transmission, or related
services, and that is in effect after September 30, 1995, the
Administrator shall offer to include, or as the case may be, shall
offer to amend to include, provisions specifying that after September
30, 1995--
(1) the Administrator shall establish rates and charges on
the basis that--
(A) the principal amount of an old capital
investment shall be no greater than the new principal
amount established under section 3 of this Act;
(B) the interest rate applicable to the unpaid
balance of the new principal amount of an old capital
investment shall be no greater than the interest rate
established under section 4 of this Act;
(C) any payment of principal of an old capital
investment shall reduce the outstanding principal
balance of the old capital investment in the amount of
the payment at the time the payment is tendered; and,
(D) any payment of interest on the unpaid balance
of the new principal amount of an old capital
investment shall be a credit against the appropriate
interest account in the amount of the payment at the
time the payment is tendered;
(2) apart from charges necessary to repay the new principal
amount of an old capital investment as established under
section 3 of this Act and to pay the interest on the principal
amount under section 4 of this Act, no amount may be charged
for return to the United States Treasury as repayment for or
return on an old capital investment, whether by way of rate,
rent, lease payment, assessment, user charge, or any other fee;
(3) amounts provided under section 1304 of title 31, United
States Code, shall be available to pay, and shall be the sole
source for payment of, a judgment against or settlement by the
Administrator or the United States on a claim for a breach of
the contract provisions required by this Act; and
(4) the contract provisions specified in this Act do not--
(A) preclude the Administrator from recovering,
through rates or other means, any tax that is generally
imposed on electric utilities in the United States, or
(B) affect the Administrator's authority under
applicable law, including section 7(g) of the Pacific
Northwest Electric Power Planning and Conservation Act
(16 U.S.C. 839e(g)), to--
(i) allocate costs and benefits, including
but not limited to fish and wildlife costs, to
rates or resources; or
(ii) design rates.
SEC. 11. SAVINGS PROVISIONS.
(a) This Act does not affect the obligation of the Administrator to
repay the principal associated with each capital investment, and to pay
interest on the principal, only from the ``Administrator's net
proceeds,'' as defined in section 13 of the Federal Columbia River
Transmission System Act (16 U.S.C. 838k(b)).
(b) Except as provided in section 6 of this Act, this Act does not
affect the authority of the Administrator to pay all or a portion of
the principal amount associated with a capital investment before the
repayment date for the principal amount. | Bonneville Power Administration Appropriations Refinancing Act - Prescribe guidelines under which the Administrator of the Bonneville Power Administration (BPA) is directed to refinance a certain appropriated debt by establishing: (1) a new principal amount for such debt; (2) new interest rates for such debt based on long-term Treasury rates in effect as of the date the principal is reset; and (3) a $100 million limit on prepayments of old capital investments before a certain date.
States that certain claim settlement payments made by the Administrator to the Confederated Tribes of the Colville Reservation shall be credited against BPA payments owed to the Treasury.
Directs the Administrator to offer to include provisions in future electric power service contracts that preclude further increases in the refinanced principal amount or interest rate obligations to the Government. | {"src": "billsum_train", "title": "Bonneville Power Administration Appropriations Refinancing Act"} | 2,488 | 179 | 0.518555 | 1.645924 | 0.798837 | 1.830065 | 15.75817 | 0.784314 |
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that:
(1) Sickle Cell Disease is a serious illness that
disproportionately affects African-Americans.
(2) Approximately 1 out of every 12 African-Americans is
born with the sickle cell trait, and about 1 out of every 600
is afflicted with Sickle Cell Disease.
(3) Sickle cell conditions also occur in other United
States populations, primarily those of Puerto Rican, Cuban,
southern Italian ancestry and more recently sickle cell has
been found in some Caucasian individuals.
(4) Sickle Cell Disease is a painful and disabling disorder
which can lead to untimely death and is caused by inadequate
transportation of oxygen due to an abnormal type of hemoglobin
molecule in the red blood cells.
(5) Sickle Cell Disease is an inherited disease which can
be transmitted to offspring, particularly if both parents carry
the genetic trait.
(6) The sickle cell trait carriers show no sign of the
disease, but statistically, 1 in 4 of their children will be
afflicted with the disease.
(7) There is no national research center devoted to Sickle
Cell Disease in the United States.
(8) There is no known cure for Sickle Cell Disease at this
time and there is a need for prioritized and specialized
research to find such a cure for this severely disabling
disease.
(9) Louisiana's minority population is 1,299,281.
(10) Of this number, a suspected 3,248 individuals will
have the disease and of those individuals, 25 percent (812
individuals) will have the most acute and serious stage of
Sickle Cell Disease, a stage that is usually fatal.
(11) Some 129,928 individuals in Louisiana will carry the
sickle cell trait.
(12) Southern University, located in Baton Rouge, Louisiana
is the largest predominately African-American university in the
United States.
(13) Approximately 16,700 students attend this 112 year old
school and Southern graduates are located throughout the United
States and the world.
(14) The State of Louisiana through the Louisiana
Legislature and Southern University, has shown great leadership
and committed significant financial and personnel resources
towards the development of a National Center for Sickle Cell
Disease Research.
(15) Because Southern University has committed its
resources and personnel to seeing this project through to its
ultimate goal, finding a cure for Sickle Cell Disease, and
because of Southern University's large minority population it
is appropriate to locate the National Center for Sickle Cell
Disease Research at Southern University in Baton Rouge.
(b) Purpose.--It is the purpose of this Act to establish a National
Center for Sickle Cell Disease at Southern University in Baton Rouge,
Louisiana, that will have the following objectives--
(1) to conduct biomedical research and clinical
investigations designed to find a cure for Sickle Cell Disease;
(2) to conduct a wide variety of human behavioral studies
designed to provide new knowledge about such issues as the
effectiveness of various counseling and education methods, and
techniques to improve coping skills on the part of patients and
their families;
(3) to establish collaborative arrangements and joint
research programs and projects with other Louisiana
institutions of higher education, such as Louisiana State
University Medical Centers at New Orleans and Shreveport and
Tulane University Medical Center to conduct clinical trials on
anti-sickling agents;
(4) to provide expanded opportunities for faculty members
at the institutions described in paragraph (3) to publish in
the three broad areas of basic biomedical research,
psychosocial research and clinical research;
(5) to become a laboratory for training both graduate and
undergraduate students in research methods and techniques
concerning Sickle Cell Disease; and
(6) to develop, promote and implement joint research
projects with other public and private higher education
institutions including teaching hospitals on Sickle Cell
Disease.
SEC. 2. NATIONAL CENTER FOR SICKLE CELL DISEASE RESEARCH.
(a) Grant.--The Secretary of Health and Human Services shall award
a grant to the Louisiana Department of Health and Hospitals for the
establishment and construction of the National Center for Sickle Cell
Disease Research at Southern University in Baton Rouge, Louisiana, and
for related facilities and equipment at such Center. Prior to the
awarding of such grant, the State of Louisiana shall certify to the
Secretary--
(1) that the State of Louisiana has provided not less than
$7,000,000 to support and operate such Center; and
(2) that the State of Louisiana has developed a plan to
provide funds for the continued operation and support of such
center.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $21,000,000 to carry out the purposes of this Act. | Directs the Secretary of Health and Human Services to award a grant to the Louisiana Department of Health and Hospitals to establish and construct the National Center for Sickle Cell Disease Research at Southern University in Baton Rouge, Louisiana, and for related facilities and equipment at such Center. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Health and Human Services to award a grant for the establishment of the National Center for Sickle Cell Disease Research, and for other purposes."} | 991 | 64 | 0.45592 | 1.246929 | 0.621329 | 7.381818 | 17.381818 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flat Tax Act of 1993''.
SEC. 2. REPEAL OF TAXATION OF CORPORATIONS.
The following provisions of the Internal Revenue Code of 1986 are
hereby repealed:
(1) section 11 (relating to corporate income tax),
(2) section 55 (relating to alternative minimum tax) to the
extent it applies to corporations,
(3) section 511 (relating to unrelated business income
tax),
(4) section 531 (relating to accumulated earnings tax),
(5) section 541 (relating to personal holding company tax),
(6) section 594 (relating to alternative tax for certain
mutual savings banks),
(7) section 801 (relating to tax imposed on life insurance
companies),
(8) section 831 (relating to tax on certain other insurance
companies),
(9) section 852 (relating to tax on regulated investment
companies),
(10) section 857 (relating to tax on real estate investment
trusts), and
(11) section 882 (relating to tax on income of foreign
corporations connected with United States business).
SEC. 3. 10 PERCENT INCOME TAX RATE FOR INDIVIDUALS.
Section 1 of the Internal Revenue Code of 1986 (relating to tax
imposed on individuals) is amended to read as follows:
``SECTION 1. TAX IMPOSED.
``(a) In General.--There is hereby imposed on the income of every
individual a tax equal to 10 percent of the excess of the earned income
of such individual for the taxable year over the exemption amount for
such year.
``(b) Definitions.--For purposes of this section--
``(1) Exemption amount.--
``(A) In general.--The term `exemption amount'
means, for any taxable year, $10,000 increased (for
taxable years beginning after December 31, 1993) by an
amount equal to $10,000 multiplied by the cost-of-
living adjustment for the calendar year in which the
taxable year begins.
``(B) Cost-of-living adjustment.--For purposes of
this paragraph--
``(i) In general.--The cost-of-living
adjustment for any calendar year is the
percentage (if any) by which--
``(I) the CPI for October of the
preceding calendar year, exceeds
``(II) the CPI for October of 1992.
``(ii) CPI.--The term `CPI' means the last
Consumer Price Index for all-urban consumers
published by the Department of Labor.
``(C) Rounding.--If the increase determined under
this paragraph is not a multiple of $10, such increase
shall be rounded to the nearest multiple of $10 (or if
such increase is a multiple of $5, such increase shall
be increased to the next highest multiple of $10).
``(2) Earned income.--
``(A) In general.--Except as provided in
subparagraph (B), the term `earned income' means--
``(i) wages, salaries, and other employee
compensation,
``(ii) the amount of the taxpayer's net
earnings from self-employment for the taxable
year, and
``(iii) the amount of dividends which are
from a personal service corporation or which
are otherwise directly or indirectly
compensation for services.
``(B) Exceptions.--The term `earned income' does
not include--
``(i) any amount received as a pension or
annuity, or
``(ii) any tip unless the amount of the tip
is not within the discretion of the service-
recipient.
``(C) Fringe benefits valued at employer cost.--The
amount of any fringe benefit which is included as
earned income shall be the cost to the employer of such
benefit.''.
SEC. 4. REPEAL OF SPECIAL DEDUCTIONS, CREDITS, AND EXCLUSIONS FROM
INCOME FOR INDIVIDUALS.
Chapter 1 of the Internal Revenue Code of 1986 is amended by
striking out all specific exclusions from gross income, all deductions,
and all credits against income tax to the extent related to the
computation of individual income tax liability.
SEC. 5. REPEAL OF ESTATE AND GIFT TAXES.
Subtitle B of the Internal Revenue Code of 1986 (relating to
estate, gift, and generation-skipping taxes) is hereby repealed.
SEC. 6. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall apply to taxable years beginning
after the date of the enactment of this Act.
(b) Repeal of Estate and Gift Taxes.--The repeal made by section 5
shall apply to estates of decedents dying, and transfers made, after
the date of the enactment of this Act.
(c) Technical and Conforming Changes.--The Secretary of the
Treasury or his delegate shall, as soon as practicable but in any event
not later than 90 days after the date of the enactment of this Act,
submit to the Committee on Ways and Means of the House of
Representatives a draft of any technical and conforming changes in the
Internal Revenue Code of 1986 which are necessary to reflect throughout
such Code the changes in the substantive provisions of law made by this
Act. | Flat Tax Act of 1993 - Amends the Internal Revenue Code to repeal corporate taxes.
Imposes a ten percent tax on the excess of the earned income of individuals over an exemption amount.
Repeals: (1) specific exclusions from gross income; (2) deductions and credits against income tax; and (3) estate and gift taxes. | {"src": "billsum_train", "title": "Flat Tax Act of 1993"} | 1,194 | 72 | 0.51036 | 1.170752 | 0.682194 | 2.926471 | 15.985294 | 0.897059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FEC Reauthorization Act of 1998''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL ELECTION COMMISSION
FOR FISCAL YEAR 1999.
Section 314 of the Federal Election Campaign Act of 1971 (2 U.S.C.
439c) is amended--
(1) by striking ``and $9,400,000'' and inserting
``$9,400,000''; and
(2) by striking the period at the end and inserting the
following: ``, and $33,700,000 for the fiscal year ending
September 30, 1999, of which $2,800,000 shall be available only
if at least 4 members of the Commission vote not later than
September 30, 1998, to adopt a re-prioritization plan for the
purpose of improving enforcement procedures and preventing the
unnecessary dismissal of appropriate enforcement actions.''.
SEC. 3. APPOINTMENT AND SERVICE OF STAFF DIRECTOR AND GENERAL COUNSEL
OF COMMISSION.
(a) Appointment; Length of Term of Service.--
(1) In general.--The first sentence of section 306(f)(1) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 437c(f)(1))
is amended by striking ``by the Commission'' and inserting the
following: ``by an affirmative vote of not less than 4 members
of the Commission and may not serve for a term of more than 4
consecutive years without reappointment in accordance with this
paragraph''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any individual serving as the staff
director or general counsel of the Federal Election Commission
on or after January 1, 1999, without regard to whether or not
the individual served as staff director or general counsel
prior to such date.
(b) Treatment of Individuals Filling Vacancies; Termination of
Authority Upon Expiration of Term.--Section 306(f)(1) of such Act (2
U.S.C. 437c(f)(1)) is amended by inserting after the first sentence the
following new sentences: ``An individual appointed as a staff director
or general counsel to fill a vacancy occurring other than by the
expiration of a term of office shall be appointed only for the
unexpired term of the individual he or she succeeds. An individual
serving as staff director or general counsel may not serve in any
capacity on behalf of the Commission after the expiration of the
individual's term unless reappointed in accordance with this
paragraph.''.
SEC. 4. ALTERNATIVE PROCEDURES FOR IMPOSITION OF PENALTIES FOR
REPORTING VIOLATIONS.
(a) In General.--Section 309(a)(4) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 437g(a)(4)) is amended--
(1) in subparagraph (A)(i), by striking ``clause (ii)'' and
inserting ``clause (ii) and subparagraph (C)''; and
(2) by adding at the end the following new subparagraph:
``(C)(i) Notwithstanding subparagraph (A), in the case of a
violation of any requirement under this Act relating to the reporting
of receipts or disbursements, the Commission may--
``(I) find that a person committed such a violation on the
basis of information obtained pursuant to the procedures
described in paragraphs (1) and (2); and
``(II) based on such finding, require the person to pay a
civil money penalty in an amount determined under a schedule of
penalties which is established and published by the Commission
and which takes into account the amount of the violation
involved, the existence of previous violations by the person,
and such other factors as the Commission considers appropriate.
``(ii) The Commission may not make any determination adverse to a
person under clause (i) until the person has been given written notice
and an opportunity for the determination to be made on the record.
``(iii) Any person against whom an adverse determination is made
under this subparagraph may obtain a review of such determination in
the district court of the United States for the district in which the
person is found, resides, or transacts business, by filing in such
court (prior to the expiration of the 30-day period which begins on the
date the person receives notification of the determination) a written
petition requesting that the determination be modified or set aside.''.
(b) Conforming Amendment.--Section 309(a)(6)(A) of such Act (2
U.S.C. 437g(a)(6)(A)) is amended by striking ``paragraph (4)(A)'' and
inserting ``paragraph (4)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring on or after January 1, 1999.
SEC. 5. STANDARD FOR INITIATION OF ACTIONS BY FEC.
(a) In General.--Section 309(a)(2) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 437g(a)(2)) is amended to read as follows:
``(2) Not later than 90 days after the time for responding to a
complaint under paragraph (1) has elapsed for all respondents, the
general counsel of the Commission shall provide a recommendation to the
Commission regarding whether there is sufficient or insufficient reason
for the Commission to investigate any violation alleged in the
complaint. If the Commission, upon receiving a complaint under
paragraph (1) (or on the basis of information ascertained in the normal
course of carrying out its supervisory responsibilities), determines by
an affirmative vote of 4 of its members that it has a sufficient reason
to investigate whether a person has committed (or is about to commit) a
violation of this Act or of chapter 95 or chapter 96 of the Internal
Revenue Code of 1986, the Commission (through its chair or vice chair)
shall notify the person of the alleged violation, and shall set forth
in such notification the factual and legal basis for such alleged
violation. The Commission shall make an investigation of such alleged
violation (which may include a field investigation or audit) in
accordance with the provisions of this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to complaints filed on or after January 1, 1999. | FEC Reauthorization Act of 1998 - Amends the Federal Election Campaign Act of 1971 (FECA) to authorize appropriations for the Federal Election Commission for FY 1999. Conditions availability of a specified amount of such funds on the Commission adopting a re-prioritization plan for improving enforcement procedures and preventing the unnecessary dismissal of appropriate enforcement actions.
Provides for the appointment of the Commission's staff director and general counsel by an affirmative vote of four Commissioners. Prohibits: (1) the staff director and general counsel of the Commission from serving for more than four consecutive years without reappointment; (2) an individual appointed to finish an unexpired term of office of a staff director or general counsel from serving beyond that term; or (3) a person serving as staff director or general counsel from subsequently serving in any Commission capacity unless reappointed.
Sets forth procedures allowing the Commission to find that a person violated FECA provisions involving the reporting of receipts or disbursements and to impose civil monetary penalties. Entitles any person to file a petition with the appropriate U.S. district court to obtain a review of an adverse determination under such procedures.
Requires the Commission's general counsel, within 90 days after the time for responding to a filed complaint has elapsed for all respondents, to provide a recommendation to the Commission regarding whether there is sufficient reason to investigate the violation alleged in the complaint. | {"src": "billsum_train", "title": "FEC Reauthorization Act of 1998"} | 1,457 | 318 | 0.663425 | 2.15126 | 0.805829 | 3.156489 | 4.709924 | 0.866412 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Gun Rights and Due
Process Act''.
SEC. 2. DEFINITIONS RELATING TO MENTAL HEALTH.
(a) Title 18 Definitions.--Chapter 44 of title 18, United States
Code, is amended--
(1) in section 921(a), by adding at the end the following:
``(36)(A) Subject to subparagraph (B), the term `has been
adjudicated mentally incompetent or has been committed to a
psychiatric hospital', with respect to a person--
``(i) means the person is the subject of an order
or finding by a judicial officer or court--
``(I) that was issued after a hearing--
``(aa) of which the person received
actual notice; and
``(bb) at which the person had an
opportunity to participate with
counsel; and
``(II) that found that the person, as a
result of marked subnormal intelligence, mental
impairment, mental illness, incompetency,
condition, or disease--
``(aa) was guilty but mentally ill
in a criminal case, in a jurisdiction
that provides for such a verdict;
``(bb) was not guilty in a criminal
case by reason of insanity or mental
disease or defect;
``(cc) was incompetent to stand
trial in a criminal case; or
``(dd) was not guilty by reason of
lack of mental responsibility under
section 850a of title 10 (article 50a
of the Uniform Code of Military
Justice); and
``(ii) does not include--
``(I) an admission to a psychiatric
hospital for observation; or
``(II) a voluntary admission to a
psychiatric hospital.
``(B) In this paragraph, the term `order or finding' does
not include--
``(i) an order or finding that has expired or has
been set aside or expunged;
``(ii) an order or finding that is no longer
applicable because a judicial officer or court has
found that the person who is the subject of the order
or finding--
``(I) does not present a danger to himself
or herself or to others;
``(II) has been restored to sanity or cured
of mental disease or defect;
``(III) has been restored to competency; or
``(IV) no longer requires involuntary
inpatient or outpatient treatment by a
psychiatric hospital; or
``(iii) an order or finding with respect to which
the person who is subject to the order or finding has
been granted relief from disabilities under section
925(c), under a program described in section
101(c)(2)(A) or 105 of the NICS Improvement Amendments
Act of 2007 (18 U.S.C. 922 note), or under any other
State-authorized relief from disabilities program of
the State in which the original commitment or
adjudication occurred.
``(37) The term `psychiatric hospital' includes a mental
health facility, a mental hospital, a sanitarium, or a
psychiatric facility, including a psychiatric ward in a general
hospital.''; and
(2) in section 922--
(A) in subsection (d)(4)--
(i) by striking ``as a mental defective''
and inserting ``mentally incompetent''; and
(ii) by striking ``any mental institution''
and inserting ``a psychiatric hospital''; and
(B) in subsection (g)(4)--
(i) by striking ``as a mental defective or
who has'' and inserting ``mentally incompetent
or has''; and
(ii) by striking ``mental institution'' and
inserting ``psychiatric hospital''.
(b) Technical and Conforming Amendments.--The NICS Improvement
Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
(1) by striking ``as a mental defective'' each place that
term appears and inserting ``mentally incompetent'';
(2) by striking ``mental institution'' each place that term
appears and inserting ``psychiatric hospital'';
(3) in section 101(c)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``to the mental health of
a person'' and inserting ``to whether a person is
mentally incompetent''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(i), by striking
``to the mental health of a person'' and
inserting ``to whether a person is mentally
incompetent''; and
(ii) in subparagraph (B), by striking ``to
the mental health of a person'' and inserting
``to whether a person is mentally
incompetent''; and
(4) in section 102(c)(3)--
(A) in the paragraph heading, by striking ``as a
mental defective or committed to a mental institution''
and inserting ``as mentally incompetent or committed to
a mental institution''; and
(B) by striking ``mental institutions'' and
inserting ``psychiatric hospitals''.
SEC. 3. PROTECTING THE SECOND AMENDMENT RIGHTS OF VETERANS.
(a) Definition.--In this section, the term ``covered veteran''
means a person who, on the day before the date of enactment of this
Act, is considered to have been adjudicated as a mental defective or
committed to a mental institution under subsection (d)(4) or (g)(4) of
section 922 of title 18, United States Code, as a result of having been
found by the Department of Veterans Affairs to be mentally incompetent.
(b) Review.--The Secretary of Veterans Affairs shall--
(1) not later than 90 days after the date of enactment of
this Act, conduct a review relating to each covered veteran to
determine whether the proceedings for the adjudication or
commitment of the covered veteran were conducted in accordance
with, and resulted in an order or finding described in, section
921(a)(36) of title 18, United States Code, as added by this
Act; and
(2) unless the Secretary certifies that the proceedings
were conducted in accordance with, and resulted in an order or
finding described in, section 921(a)(36) of title 18, United
States Code, as added by this Act, ensure that the records of
the covered veteran used for purposes of any determination of
whether the covered veteran is disqualified from possessing or
receiving a firearm under subsection (g) or (n) of section 922
of title 18, United States Code, are modified to indicate that
the covered veteran has not been adjudicated mentally
incompetent or committed to a psychiatric hospital.
(c) Enforcement.--
(1) Identification of inaccurate records.--Not later than
January 1 of each year, the Attorney General shall--
(A) review the record of each person who is
considered to have been adjudicated mentally
incompetent or committed to a psychiatric hospital
under subsection (d)(4) or (g)(4) of section 922 of
title 18, United States Code, as a result of having
been found by the Department of Veterans Affairs to be
mentally incompetent;
(B) identify each such record that does not include
documentation indicating that the proceedings for the
adjudication or commitment were conducted in accordance
with, and resulted in an order or finding described in,
section 921(a)(36) of title 18, United States Code, as
added by this Act; and
(C) submit to the Secretary of the Treasury and
Congress a report providing the number of records
identified under subparagraph (B).
(2) Rescission.--Effective on the date on which the
Attorney General submits a report under paragraph (1)(C), there
is rescinded from the unobligated balances in the
appropriations account appropriated under the heading ``general
administration'' under the heading ``Departmental
Administration'' under the heading ``DEPARTMENT OF VETERANS
AFFAIRS'' the amount equal to the product of--
(A) the number of records that the report states
were identified by the Attorney General under paragraph
(1)(B); and
(B) $10,000.
(d) Appointment of Fiduciaries.--
(1) In general.--Chapter 55 of title 38, United States
Code, is amended by adding at the end the following:
``Sec. 5511. Use of determinations to appoint fiduciaries
``No determination by the Secretary that benefits under this title
to which an individual is entitled shall be paid to a fiduciary shall
be considered to be a determination that the individual has been
adjudicated mentally incompetent for purposes of subsections (d)(4) and
(g)(4) of section 922 of title 18.''.
(2) Clerical amendment.--The table of sections for chapter
55 of title 38, United States Code, is amended by adding at the
end the following:
``5511. Use of determinations to appoint fiduciaries.''.
SEC. 4. USE OF DETERMINATIONS MADE BY THE COMMISSIONER OF SOCIAL
SECURITY.
(a) Title II.--Section 205(j) of the Social Security Act (42 U.S.C.
405(j)) is amended by adding at the end the following:
``(11) No determination by the Commissioner of Social Security with
respect to an individual, including a determination that benefits under
this title to which such individual is entitled shall be paid to a
representative payee, shall be considered to be a determination that
the individual has been adjudicated mentally incompetent for purposes
of subsections (d)(4) and (g)(4) of section 922 of title 18, United
States Code.''.
(b) Title XVI.--Section 1631(a)(2) of such Act (42 U.S.C.
1383(a)(2)) is amended by adding at the end the following:
``(J) No determination by the Commissioner of Social Security with
respect to an individual, including a determination that benefits under
this title to which such individual is entitled shall be paid to a
representative payee, shall be considered to be a determination that
the individual has been adjudicated mentally incompetent for purposes
of subsections (d)(4) and (g)(4) of section 922 of title 18, United
States Code.''.
(c) Enforcement.--
(1) Identification of inaccurate records.--Not later than
January 1 of each year, the Attorney General shall--
(A) review the record of each person who is
considered to have been adjudicated mentally
incompetent or committed to a psychiatric hospital
under subsection (d)(4) or (g)(4) of section 922 of
title 18, United States Code, as a result of a
determination by the Commissioner of Social Security;
(B) identify each such record that does not include
documentation indicating that the proceedings for the
adjudication or commitment were conducted in accordance
with, and resulted in an order or finding described in,
section 921(a)(36) of title 18, United States Code, as
added by this Act; and
(C) submit to the Secretary of the Treasury and
Congress a report providing the number of records
identified under subparagraph (B).
(2) Rescission.--
(A) In general.--Effective on the date on which the
Attorney General submits a report under paragraph
(1)(C), there is rescinded from the unobligated
balances in the Federal Old-Age and Survivors Insurance
Trust Fund, the Federal Disability Insurance Trust
Fund, the Federal Hospital Insurance Trust Fund, and
the Federal Supplementary Medical Insurance Trust Fund,
on a pro rata basis, the amount equal to the product
of--
(i) the number of records that the report
states were identified by the Attorney General
under paragraph (1)(B); and
(ii) $10,000.
(B) Treatment of amounts.--Amounts rescinded under
subparagraph (A) shall be deemed to have been expended
for costs described in section 201(g)(1) of the Social
Security Act (42 U.S.C. 401(g)(1)).
SEC. 5. STATE HEALTH REPORTS.
Section 102(c)(3) of the NICS Improvement Amendments Act of 2007
(18 U.S.C. 922 note) is amended by adding at the end the following: ``A
report made available by a State indicating that a person has been
adjudicated as mentally incompetent or committed to a mental
institution shall not be used for purposes of any determination of
whether a person is disqualified from possessing or receiving a firearm
under subsection (g) or (n) of section 922 of title 18, United States
Code, unless the Attorney General determines that the proceedings for
the adjudication or commitment were conducted in accordance with, and
resulted in an order or finding described in, section 921(a)(36) of
title 18, United States Code, and that the State has provided clear and
convincing evidence that the person poses a significant danger.''.
SEC. 6. APPLICABILITY OF AMENDMENTS.
With respect to any record of a person prohibited from possessing
or receiving a firearm under subsection (d)(4) or (g)(4) of section 922
of title 18, United States Code, before the date of enactment of this
Act, the Attorney General shall remove such a record from the National
Instant Criminal Background Check System--
(1) upon being made aware that the person is no longer
considered as adjudicated mentally incompetent or committed to
a psychiatric hospital according to the criteria under
paragraph (36)(A)(i)(II) of section 921(a) of title 18, United
States Code (as added by this Act), and is therefore no longer
prohibited from possessing or receiving a firearm;
(2) upon being made aware that any order or finding that
the record is based on is an order or finding described in
paragraph (36)(B) of section 921(a) of title 18, United States
Code (as added by this Act); or
(3) upon being made aware that the person has been found
competent to possess a firearm after an administrative or
judicial review under subsection (c) or (d) of section 5511 of
title 38, United States Code (as added by this Act). | Protecting Gun Rights and Due Process Act This bill amends the federal criminal code and other laws to raise the threshold that must be met with respect to disqualifying an individual, for reasons relating to mental health, from possessing or receiving a firearm. Specifically, such an individual must have been either adjudicated mentally incompetent or committed to a psychiatric hospital. In addition, the bill excludes, for purposes of a determination of whether an individual is disqualified from possessing or receiving a firearm: (1) certain state health reports, and (2) specified determinations made by the Department of Veterans Affairs or the Social Security Administration. | {"src": "billsum_train", "title": "Protecting Gun Rights and Due Process Act"} | 3,332 | 190 | 0.458603 | 1.340047 | 0.658008 | 2.439252 | 26.663551 | 0.813084 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Television Consumer Freedom Act of
2013''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``a la carte'' means offering video
programming for purchase, whether on a wholesale or retail
basis, on an individual, per-channel basis rather than as part
of a package or tier of video programming;
(2) the terms ``channel'', ``multichannel video programming
distributor'', and ``video programming'' have the meaning given
those terms in section 602 of the Communications Act of 1934
(47 U.S.C. 522);
(3) the term ``Commission'' means the Federal
Communications Commission;
(4) the term ``local commercial television station'' has
the meaning given that term in section 614(h) of the
Communications Act of 1934 (47 U.S.C. 534(h));
(5) the term ``qualified local noncommercial educational
television station'' has the meaning given that term in section
615(l) of the Communications Act of 1934 (47 U.S.C. 535(l));
and
(6) the term ``video programming vendor'' has the meaning
given that term in section 76.1300 of subpart Q of part 76 of
subchapter C of chapter I of title 47, Code of Federal
Regulations (47 C.F.R. 76.1300).
SEC. 3. A LA CARTE CHANNELS OF VIDEO PROGRAMMING.
(a) In General.--Except as provided in section 623(b)(7) of the
Communications Act of 1934 (47 U.S.C. 543(b)(7)), and notwithstanding
any other provision of law, or any regulation prescribed by the
Commission, a multichannel video programming distributor may provide
subscribers with any channel of video programming on an la carte basis.
(b) Incentives To Offer Channels of Video Programming on an a La
Carte Basis.--Notwithstanding any other provision of law, or regulation
prescribed by the Commission--
(1) the retransmission by a multichannel video programming
distributor of a local commercial television station that has
elected retransmission consent under section 325(b) of the
Communications Act of 1934 (47 U.S.C. 325(b)) shall not be
subject to the statutory license under sections 111(c) and 122
of title 17, United States Code, if the multichannel video
programming distributor does not offer such local commercial
television station, and any other channels of video programming
under common control with such local commercial television
station, for purchase by subscribers on an a la carte basis;
(2) a local commercial television station may not elect
retransmission consent under section 325(b) of the
Communications Act of 1934 (47 U.S.C. 325(b)) or avail itself
of the protections of the network program non-duplication and
syndicated exclusivity regulations under subpart F of part 76
of subchapter C of chapter I of title 47, Code of Federal
Regulations (47 C.F.R. 76.92 et seq.), if such local commercial
television station, and any other channels of video programming
under common control with such local commercial television
station, is not made available to multichannel video
programming distributors for purchase or sale on an a la carte
basis; and
(3) a video programming vendor may offer a channel of video
programming for purchase by a multichannel video programming
distributor as part of a package of video programming only if
such video programming vendor also offers such channel of video
programming for purchase by the multichannel video programming
distributor on an a la carte basis.
(c) Minimum Contents of Basic Tier.--The Communications Act of 1934
(47 U.S.C. 151 et seq.) is amended--
(1) in section 623 (47 U.S.C. 543)--
(A) in subsection (b)(7)(A)--
(i) by striking clauses (i) and (iii);
(ii) by redesignating clause (ii) as clause
(i); and
(iii) by adding at the end the following:
``(ii) All local commercial television
stations and qualified low power stations
carried in fulfillment of the election under
section 325(b) by the station of its right to
mandatory carriage under section 614.
``(iii) All qualified local noncommercial
educational television stations carried in
fulfillment of a request for carriage under
section 615.''; and
(B) in subsection (l), by adding at the end the
following:
``(3) The terms `local commercial television station' and
`qualified low power station' have the meaning given those
terms in section 614(h).'';
(2) in section 614(b) (47 U.S.C. 534(b))--
(A) by striking paragraph (6) and redesignating
paragraphs (7), (8), (9), and (10) as paragraphs (6),
(7), (8), and (9), respectively; and
(B) in paragraph (6), as redesignated, by striking
``Signals carried in fulfillment of the requirements of
this section'' and inserting ``All local commercial
television stations and qualified low power stations
carried in fulfillment of the election by the station
of its right to mandatory carriage under this
section''; and
(3) in section 615(h) (47 U.S.C. 535(h)), by striking
``lowest priced service tier that includes the retransmission
of local commercial television broadcast signals.'' and
inserting ``basic service tier.''.
(d) Disclosure Requirement.--If a multichannel video programming
distributor and a video programming vendor fail to reach agreement
regarding the terms, including price, for the purchase by the
multichannel video programming distributor of the right to provide
subscribers with a local commercial television station or other channel
of video programming from the video programming vendor on an a la carte
basis, the multichannel video programming distributor and the video
programming vendor each shall disclose to the Commission the terms of
the most recent offer made by the multichannel video programming
distributor and the video programming vendor, respectively.
SEC. 4. SPECTRUM USE IN THE PUBLIC INTEREST.
Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b))
is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(2) after paragraph (5), by inserting the following:
``(6) Parity for over-the-air and multichannel video
programming viewers.--
``(A) In general.--A television broadcast station
that does not retransmit the signal over-the-air that
is identical to the signal retransmitted to a
multichannel video programming distributor shall
forfeit any spectrum license of such television
broadcast station.
``(B) Reallocation and reassignment of spectrum
license.--Any spectrum license forfeited pursuant to
subparagraph (A) shall be reallocated and reassigned by
the Commission pursuant to section 309(j).
``(C) Exception.--Subparagraph (A) shall not apply
to content that is a commercial advertisement that is
not more than 60 seconds in duration.
``(D) Definitions.--In this paragraph--
``(i) the terms `multicast stream' and
`primary stream' have the meaning given those
terms in section 119(d) of title 17, United
States Code; and
``(ii) the term `multichannel video
programming distributor' has the meaning given
that term in section 602 (47 U.S.C. 522).''.
SEC. 5. SPORTS BLACKOUT REPEAL FOR PUBLICLY FINANCED STADIUMS.
The Commission shall amend subpart F of part 76 of subchapter C of
chapter I of title 47, Code of Federal Regulations (47 C.F.R. 76.92 et
seq.), to prohibit the application of sports blackout regulations to
the broadcast of a sporting event taking place in a venue the
construction of which was financed, in whole or in part, by the Federal
Government or a State or local government. | Television Consumer Freedom Act of 2013 - Allows multichannel video programming distributors (MVPDs) (including cable operators, multichannel multipoint distribution services, direct broadcast satellite services, or television receive-only satellite program distributors), except with respect to the minimum contents of programming required for basic tier service, to provide subscribers with any channel of video programming on an a la carte basis. Defines "a la carte" as offering video programming for wholesale or retail purchase on an individual, per-channel basis rather than as part of a package or tier of video programming. Amends the Communications Act of 1934 to modify the types of programming constituting the minimum contents of basic tier service. Conditions the availability of the statutory copyright license to an MVPD on the MVPD offering local commercial television stations, and any other channels of video programming under common control with such stations, for purchase by subscribers on an a la carte basis.Prohibits a local commercial television station from electing retransmission consent or availing itself of the protections of network program non-duplication and syndicated exclusivity regulations if such station, and any other channels of video programming under common control with such station, is not made available to MVPDs for purchase or sale on an a la carte basis. Permits a video programming vendor to offer a channel of video programming for purchase by an MVPD as part of a package only if the vendor also offers such channel for the MVPD's purchase on an a la carte basis. Requires MVPDs and video programming vendors negotiating a la carte carriage agreements to each disclose to the Federal Communications Commission (FCC) the terms of their most recent offers, including price, if the parties fail to agree. Requires a television broadcast station that does not retransmit an over-the-air signal identical to the signal retransmitted to an MVPD to forfeit any spectrum license of the station to the FCC for auctioning. Exempts commercial advertisements of up to 60 seconds in duration. Directs the FCC to prohibit sports blackout regulations (commonly resulting in the non-airing of sporting events in local geographic markets when tickets at the venue are not sold out) from applying to the broadcast of a sporting event taking place in a venue the construction of which was financed in any part by the federal, state, or local government. | {"src": "billsum_train", "title": "Television Consumer Freedom Act of 2013"} | 1,842 | 518 | 0.554194 | 1.835154 | 0.768235 | 3.794931 | 3.686636 | 0.845622 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Entrepreneurial Incubators
Development Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) While small businesses have been an engine of economic
growth over the past decade, they often lack access to the
technology available to larger businesses.
(2) Business incubators have proven an effective source of
economic growth in the States.
(3) Scientific discoveries need to be quickly converted
into job and community ventures.
SEC. 3. GRANTS FOR SUPPORT OF BUSINESS INCUBATOR ACTIVITIES.
(a) Purpose.--It is the purpose of this section to encourage
entrepreneurial creativity and risk taking through the support of the
furnishing of business incubator services for newly established small
businesses and medium-sized businesses.
(b) Grant Program.--To achieve the purpose of this section, the
Secretary of Commerce (in this section, referred to as the
``Secretary'') shall carry out a program to provide, through grants,
financial assistance for the establishment and support of entities that
provide business incubator services in support of the initiation and
initial sustainment of business activities by newly established small
businesses and medium-sized businesses.
(c) Awards of Grants.--
(1) Eligibility requirements.--The Secretary shall
prescribe the eligibility requirements for the awarding of
grants under this section.
(2) Competitive selection.--The Secretary shall use a
competitive process for the awarding of grants under this
section and, under that process, select recipients of the
grants on the basis of merit, with priority given to
underserved rural and urban communities.
(3) Applications for grants.--The Secretary shall prescribe
the form and content of applications required for grants under
this section.
(d) Additional Administrative Authorities.--
(1) Cost-sharing.--The Secretary may require the recipient
of a grant under this section to defray a specific level of its
operating expenses for business incubator services out of funds
available from sources other than the Federal Government.
(2) Additional terms and conditions.--The Secretary, in
awarding a grant, may impose any other terms and conditions for
the use of the proceeds of the grant that the Secretary
determines appropriate for carrying out the purpose of this
section and to protect the interests of the United States,
including the requirement that entities providing business
incubator services that receive a grant under this section
develop a plan for ultimately becoming self-sufficient.
(e) Definitions.--
(1) Business incubator services.--In this section, the term
``business incubator services'' includes professional and
technical services necessary for the initiation and initial
sustainment of operations of a newly established business,
including such services as the following:
(A) Legal services.--Legal services, including aid
in preparing corporate charters, partnership
agreements, and basic contracts.
(B) Intellectual property services.--Services in
support of the protection of intellectual property
through patents, trademarks, or otherwise.
(C) Technology services.--Services in support of
the acquisition and use of advanced technology,
including the use of Internet services and web-based
services.
(D) Planning.--Advice on--
(i) strategic planning; and
(ii) marketing, including advertising.
(2) Small business and medium-sized business.--
(A) Secretary to prescribe.--The Secretary shall
prescribe the definitions of the terms ``small
business'' and ``medium-sized business'' for the
purpose of this section.
(B) Small business standards.--In defining the term
``small business'' for the purpose of this section, the
Secretary shall apply the standards applicable for the
definition of the term ``small-business concern'' under
section 3 of the Small Business Act (15 U.S.C. 632).
(f) Regulations.--The Secretary shall prescribe regulations for the
grant program administered under this section.
(g) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of Commerce for carrying out this
section $50,000,000 for fiscal year 2002, and $200,000,000 for each
fiscal year thereafter. | Entrepreneurial Incubators Development Act of 2001 - Directs the Secretary of Commerce to provide financial assistance, through grants, for the establishment and support of entities that provide business incubator services (services necessary for the initiation and initial sustainment of operations of a newly established business, including legal, intellectual property, and technology services and planning) for small- and medium-sized businesses. | {"src": "billsum_train", "title": "A bill to provide for business incubator activities, and for other purposes."} | 886 | 81 | 0.639927 | 1.585913 | 0.944998 | 4.623188 | 11.884058 | 0.971014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Las Cienegas Enhancement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Las Cienegas National Conservation Area.
(2) County.--The term ``County'' means Pima County,
Arizona.
(3) Federal land.--The term ``Federal land'' means the
Sahuarita parcel of land, as generally depicted on the map
entitled ``Las Cienegas Enhancement Act-Federal Land'' and
dated May 8, 2006.
(4) Landowner.--The term ``landowner'' means Las Cienegas
Conservation, LLC.
(5) Non-federal land.--The term ``non-Federal land'' means
the Empirita-Simonson parcel of land consisting of
approximately 2,392 acres, as generally depicted on the map
entitled ``Las Cienegas Enhancement Act-Non-Federal Land'' and
dated May 8, 2006.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Well site.--The term ``well site'' means a well site
that--
(A) consists of approximately 98 acres of land
located within the boundaries of the parcel of non-
Federal land; and
(B) is described in the instrument recorded in
docket 12543, pages 5459-5465 of the official records
of the County.
SEC. 3. LAND EXCHANGE.
(a) In General.--If the landowner offers to convey to the Secretary
title to the non-Federal land that is acceptable to the Secretary, the
Secretary shall--
(1) accept the offer; and
(2) simultaneously convey to the landowner all right,
title, and interest of the United States in and to the Federal
land.
(b) Valuation, Appraisals, and Equalization.--
(1) In general.--As of the date of enactment of this Act,
the value of the Federal land and the non-Federal land--
(A) shall be equal, as determined by appraisals
conducted in accordance with paragraph (2); or
(B) if not equal, shall be equalized in accordance
with paragraph (3).
(2) Appraisals.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Federal land and the
non-Federal land shall be appraised by an independent,
qualified appraiser that is agreed to by the Secretary
and the landowner.
(B) Requirements.--An appraisal under subparagraph
(A) shall be--
(i) conducted in accordance with--
(I) the Uniform Appraisal Standards
for Federal Land Acquisition; and
(II) the Uniform Standards of
Professional Appraisal Practice; and
(ii) submitted to the Secretary for
approval.
(3) Cash equalization payments.--
(A) In general.--If the value of the Federal land
and the non-Federal land is not equal, the value may be
equalized by--
(i) the Secretary by making a cash
equalization payment to the landowner; or
(ii) the landowner by making a cash
equalization payment to the Secretary.
(B) Amount.--Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)), the Secretary may accept a cash
equalization payment under subparagraph (A)(ii) in an
amount that exceeds 25 percent of the value of the
Federal land.
(C) Disposition and use of proceeds.--
(i) Disposition of proceeds.--Any cash
equalization payments received by the Secretary
under subparagraph (A)(ii) shall be deposited
in the Federal Land Disposal Account
established by section 206(a) of the Federal
Land Transaction Facilitation Act (43 U.S.C.
2305(a)).
(ii) Use of proceeds.--Amounts deposited
under clause (i) shall be available to the
Secretary, without further appropriation and
until expended, for the acquisition of land and
interests in land in southern Arizona.
(c) Conditions of Conveyance.--
(1) In general.--As a condition of the conveyance of the
Federal land to the landowner, the landowner shall--
(A) pay the costs of carrying out the exchange of
the Federal land and the non-Federal land under this
section, including any direct costs relating to any
environmental reviews and any required mitigation of
the Federal land;
(B) enter into an agreement with the County to
convey to the County the well site; and
(C) relinquish to the County any water rights to
the well site held by the landowner.
(2) Valid existing rights.--The exchange of Federal land
and non-Federal land shall be subject to any easements, rights-
of-way, and other valid encumbrances in existence on the date
of enactment of this Act.
(d) Legal Descriptions.--The Secretary and the landowner may
mutually agree to--
(1) correct minor errors in the legal descriptions of the
Federal land and the non-Federal land; or
(2) make minor adjustments to the boundaries of the Federal
land and the non-Federal land.
(e) Deadline for Completion of Exchange.--It is the intent of
Congress that the land exchange under this section shall be completed--
(1) not later than 1 year after the date of enactment of
this Act; or
(2) if there is a dispute with respect to the appraisal,
not later than 90 days after the date on which the dispute is
resolved.
SEC. 4. ADMINISTRATION.
(a) Administration of Land Acquired by the United States.--On
acquisition by the Secretary, the non-Federal land shall--
(1) become part of the Conservation Area; and
(2) be administered by the Secretary in accordance with the
laws applicable to national conservation areas.
(b) National Conservation Area Boundary Adjustment.--The boundary
of the Conservation Area is modified to exclude the 40-acre tract of
Bureau of Land Management that is leased to the town of Elgin, Arizona,
for a sanitary landfill.
(c) Road Access.--Not later than 18 months after the date on which
the non-Federal land is acquired by the Secretary, the Secretary shall,
in accordance with section 507 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1767), provide to the Secretary of
Agriculture a right-of-way through the non-Federal land for motorized
public road access to the boundary of the Coronado National Forest. | Las Cienegas Enhancement Act - Requires the Secretary of the Interior, if Las Cienegas Conservation, LLC offers to convey to the Secretary title to the Empirita-Simonson parcel of land (the non-federal land), to accept the offer and simultaneously convey to Las Cienegas Conservation, LLC the Sahuarita parcel of land (the federal land).
Requires the values of the federal and non-federal lands exchanged to be equal, as determined by appraisals.
Requires Las Cienegas Conservation, LLC, to: (1) pay the costs of carrying out the exchange of such lands; (2) enter into an agreement with Pima County, Arizona, to convey to Pima County a certain well site; and (3) relinquish to Pima County any water rights to such well site held by Las Cienegas Conservation, LLC.
Makes the exchange of federal and non-federal land subject to any easements, rights-of-way, and other valid encumbrances in existence on enactment of this Act.
Requires the non-federal land, upon acquisition by the Secretary, to become part of the Las Cienegas National Conservation Area.
Modifies the boundary of the Las Cienegas National Conservation Area to exclude the 40-acre tract that is leased by the Bureau of Land Management (BLM) to the town of Elgin, Arizona, for a sanitary landfill.
Instructs the Secretary to provide to the Secretary of Agriculture a right-of-way through the non-federal land for motorized public road access to the boundary of the Coronado National Forest. | {"src": "billsum_train", "title": "A bill to provide for the exchange of certain Bureau of Land Management land in Pima County, Arizona, and for other purposes."} | 1,542 | 364 | 0.664 | 2.095204 | 0.879969 | 4.86532 | 4.397306 | 0.946128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Direct to Consumer Prescription Drug
Advertising Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The pharmaceutical industry spent $2,700,000,000 on
direct to consumer advertising in 2001, nearly a 60 percent
increase since 1997.
(2) Direct to consumer prescription drug advertisements can
significantly increase the number of sales. In 2000, almost
$2,500,000,000 was spent on direct to consumer advertising to
promote 50 different drugs. The following year, retail sales
for these drugs skyrocketed by 21.4 percent.
(3) According to the Government Accounting Office,
pharmaceutical companies have increased spending on direct to
consumer advertising more rapidly than they have increased
spending on research and development.
(4) New prescription drugs that are introduced into the
market are generally more expensive than older drugs in the
same class. Consequently, direct to consumer advertising may
lead consumers to spend more money on new prescription drugs
than those of similar quality.
(5) Although direct to consumer prescription drug
advertisements aid consumer awareness, they are often
misleading as the benefits are more accessible than the risks.
(6) There has been a sharp increase in sales for direct to
consumer advertised prescription drugs, which is
disproportionate to the growth in the market.
(7) Due to a revision of procedure within the Department of
Health and Human Services, the Food and Drug Administration is
often too late to act on misleading direct to consumer
advertisements by the pharmaceutical industry. By the time they
revoke an advertisement, many consumers have already viewed the
misleading information.
SEC. 3. PRESCRIPTION DRUG COMPARATIVE EFFECTIVENESS.
(a) In General.--With respect to each prescription drug that is
covered under a plan offered under the Federal Employees Health
Benefits Program under chapter 89 of title 5, United States Code, the
Director of the National Institutes of Health shall conduct research
that compares the effectiveness and safety of such prescription drug
relative to other prescription drugs used to treat the same condition
or disease.
(b) Rule of Construction.--The results of the research conducted
under subsection (a) shall not be construed to be a condition of
approval under section 505 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355).
SEC. 4. DIRECT-TO-CONSUMER ADVERTISING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human Services shall
promulgate amended regulations governing prescription drug
advertisements.
(b) Contents.--In addition to any other requirements, the
regulations under subsection (a) shall require that--
(1) any advertisement present a fair balance, comparable in
depth and detail, between--
(A) information relating to effectiveness of the
drug (including, if available, effectiveness in
comparison to other drugs for substantially the same
condition or conditions); and
(B) information relating to side effects and
contraindications;
(2) any advertisement present a fair balance, comparable in
depth, between--
(A) aural and visual presentations relating to
effectiveness of the drug; and
(B) aural and visual presentations relating to side
effects and contraindications, except that nothing in
this section shall require explicit images or sounds
depicting side effects and contraindications;
(3) prohibit false or misleading advertising that would
encourage a consumer to take the prescription drug for a use
other than a use for which the prescription drug is approved
under section 505 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355); and
(4) require that any prescription drug that is the subject
of a direct-to-consumer advertisement include in the package in
which the prescription drug is sold to consumers a medication
guide explaining the benefits and risks of use of the
prescription drug in terms designed to be understandable to the
general public.
SEC. 5. CIVIL PENALTY.
Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
333) is amended by adding at the end the following:
``(g) Direct-to-Consumer Prescription Drug Advertising.--
``(1) In general.--A person that commits a violation of
section 301 involving the misbranding of a prescription drug
(within the meaning of section 502(n)) in a direct-to-consumer
advertisement shall be assessed a civil penalty if--
``(A) the Secretary provides the person written
notice of the violation; and
``(B) the person fails to correct or cease the
advertisement so as to eliminate the violation not
later than 180 days after the date of the notice.
``(2) Amount.--The amount of a civil penalty under
paragraph (1)--
``(A) shall not exceed $500,000 in the case of an
individual and $5,000,000 in the case of any other
person; and
``(B) shall not exceed $10,000,000 for all such
violations adjudicated in a single proceeding.
``(3) Procedure.--Paragraphs (3) through (5) of subsection
(f) shall apply with respect to a civil penalty under paragraph
(1) of this subsection to the same extent and in the same
manner as those paragraphs apply with respect to a civil
penalty under paragraph (1) or (2) of subsection (f).''.
SEC. 6. REPORTS.
The Secretary of Health and Human Services shall annually submit to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report that, for the most recent 1-year period for
which data are available--
(1) provides the total number of direct-to-consumer
prescription drug advertisements made by television, radio, the
Internet, written publication, or other media;
(2) identifies, for each such advertisement--
(A) the dates on which, the times at which, and the
markets in which the advertisement was made; and
(B) the type of advertisement (reminder, help-
seeking, or product-claim); and
(3)(A) identifies the advertisements that violated or
appeared to violate section 502(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 352(n)); and
(B) describes the actions taken by the Secretary in
response to the violations.
SEC. 7. REVIEW OF DIRECT-TO-CONSUMER DRUG ADVERTISEMENTS.
(a) In General.--The Secretary of Health and Human Services shall
expedite, to the maximum extent practicable, reviews of the legality of
direct-to-consumer drug advertisements.
(b) Policy.--The Secretary of Health and Human Services shall not
adopt or follow any policy that would have the purpose or effect of
delaying reviews of the legality of direct-to-consumer drug
advertisements except--
(1) as a result of notice-and-comment rulemaking; or
(2) as the Secretary determines to be necessary to protect
public health and safety. | Direct to Consumer Prescription Drug Advertising Act of 2004 - Requires the Director of the National Institutes of Health to conduct research to compare the effectiveness and safety of prescription drugs covered under Federal Employees Health Benefits Program plans relative to other prescription drugs used to treat the same condition or disease.
Requires the Secretary of Health and Human Services to promulgate amended regulations governing prescription drug advertisements, including to: (1) require such advertisements to present a fair balance between information on the effectiveness of, and side effects or contraindications of, the drug; (2) prohibit false or misleading advertising that would encourage a consumer to take the prescription drug for other than an approved use; and (3) require that all prescription drugs sold to consumers include an explanation of the benefits and risks of use in terms understandable to the general public.
Amends the Federal Food, Drug, and Cosmetic Act to set forth civil penalties for the misbranding of a prescription drug in a direct-to-consumer advertisement if the Secretary provides the person written notice of the violation and the person fails to correct or cease the advertisement to eliminate the violation.
Requires the Secretary to annually report specified details of all direct-to-consumer advertisements, including those that violate Federal law, and actions taken by the Secretary to respond to such violations.
Requires the Secretary to expedite the review of direct-to-consumer drug advertisements. Prohibits the Secretary from adopting any policy that would delay reviews, except as a result of notice-and-comment rulemaking and as necessary to protect public health and safety. | {"src": "billsum_train", "title": "A bill to amend the Federal, Food, Drug, and Cosmetic Act relating to direct-to-consumer prescription drug advertising."} | 1,523 | 340 | 0.571411 | 1.677916 | 0.787186 | 4.30897 | 4.810631 | 0.933555 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Right to Know Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Veterans'
Right to Know Commission'' (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES.
(a) In General.--The duties of the Commission shall be--
(1) to investigate chemical or biological warfare tests or
projects, especially such projects carried out between 1954 and
1973, placing particular emphasis on actions or conditions
associated with such projects that could have contributed to
health risks or been harmful to any United States civilian
personnel or member of the United States Armed Forces who
participated in such a project or who was otherwise potentially
exposed to any biological or chemical agent, simulant, tracer,
decontaminant, or herbicide as a result of such projects; and
(2) to submit a report to Congress of its findings and
recommendations.
(b) Matters to Be Examined.--In carrying out this Act, the
Commission shall specifically examine--
(1) classified and unclassified data, test operation plans,
safety plans, test reports, test results, and any other
materials related to a chemical or biological warfare test or
project;
(2) the types and dosages of any biological or chemical
agent, including any simulant, tracer, decontaminant,
pharmaceutical, or herbicide, used during each chemical or
biological warfare test or project;
(3) information relating to the personal protection of
participants in each chemical or biological warfare test or
project, including respiratory equipment, clothing, citadel
systems, vaccinations, and safety and medical protocols;
(4) the list provided to the Department of Veterans Affairs
by the Department of Defense of names of individuals who
participated in each chemical or biological warfare test or
project, the method by which such names were provided, and any
other information relating to the number of individuals who
participated in such a project or who were otherwise
potentially exposed to any biological or chemical agent,
simulant, tracer, decontaminant, pharmaceutical, or herbicide
as a result of such a project;
(5) the date and location of any land, air, or sea test
conducted as part of any chemical or biological warfare test or
project and the dispersal area likely to have been affected by
the release of a chemical or biological agent, simulant,
tracer, decontaminant, pharmaceutical, or herbicide during the
tests; and
(6) any available data collected during health screenings
or cause of death determinations performed on any individual
who participated in a chemical or biological warfare test or
project to determine any possible health consequences of such
participation.
(c) Chemical or Biological Warfare Test or Project.--In this Act,
the term ``chemical or biological warfare test or project'' means any
project or program carried out by the Department of Defense, including
Project 112 and the Shipboard Hazard and Defense Project (Project
SHAD), as a part of which any biological or chemical agent, simulant,
tracer, decontaminant, pharmaceutical, or herbicide was tested or used.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 10
members as follows:
(1) 1 member appointed by the President, who shall serve as
chair of the Commission.
(2) 1 member appointed jointly by the minority leader of
the Senate and the minority leader of the House of
Representatives, who shall serve as vice chair of the
Commission.
(3) 2 members appointed by the majority leader of the
Senate.
(4) 2 members appointed by the Speaker of the House of
Representatives.
(5) 2 members appointed by the minority leader of the
Senate.
(6) 2 members appointed by the minority leader of the House
of Representatives.
(b) Qualifications.--
(1) In general.--Each individual appointed to the
Commission shall be a prominent United States citizen with
national recognition and significant experience in areas
related to the duties of the Commission.
(2) Veteran appointments.--
(A) Chair and vice chair.--The chair and vice chair
of the Commission shall be veterans (as that term is
defined in section 101 of title 38, United States
Code).
(B) Members.--2 members of the Commission shall be
veterans who participated in chemical or biological
warfare test or project and who have knowledge of the
tests conducted during such projects.
(3) Other appointments.--A member of the Commission shall
not be an officer of employee of the Federal Government, any
State government, or any unit of local government. This
paragraph shall not apply to appointments under paragraph (2).
(c) Terms.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(d) Time for Appointment.--Each member of the Commission shall be
appointed before the expiration of the 45-day period which begins on
the date of the enactment of this Act.
(e) Basic Pay.--Members shall be compensated at a rate not to
exceed the daily equivalent of the annual rate of basic pay in effect
for a position at level IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day during which that member
is engaged in the actual performance of the duties of the Commission.
(f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
(g) Chair.--The chair shall serve as a full-time employee of the
United States.
(h) Quorum.--6 members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
(i) Meetings.--
(1) Initial meeting.--The Commission shall meet as soon as
practicable after the date of the enactment of this Act
(2) Subsequent meetings.--After the initial meeting, the
Commission shall meet at the call of the chair or a majority of
its members but no fewer than four times each year.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION.
(a) Director.--The chair, in accordance with rules agreed upon by
the Commission, may appoint and fix the compensation of a Director.
(b) Staff.--The chair, in accordance with rules agreed upon by the
Commission, may appoint and fix the compensation of any additional
personnel as may be necessary to enable the Commission to carry out its
functions.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
any individual so appointed may not receive pay in excess of the annual
rate of basic pay for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(d) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates not to exceed the daily equivalent of the
maximum annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, without
reimbursement, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 6. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Public Meetings, Hearings, and Reports.--
(1) Nonapplicability of the federal advisory committee
act.--Section 10(a) of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(2) Public meetings and release of public versions of
reports.--The Commission shall--
(A) hold public hearings and meetings to the extent
appropriate; and
(B) release public versions of the reports
submitted under section 7.
(3) Public hearings.--A public hearing of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.
(c) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(d) Obtaining Official Data.--
(1) In general.--The Commission may secure directly from
any department or agency of the United States information
necessary to enable it to carry out this Act, including rosters
of personnel who participated in any chemical or biological
warfare test or project. Upon request of the chair, the head of
that department or agency shall furnish that information to the
Commission.
(2) Participant information.--
(A) Before the expiration of the 45-day period
which begins on the date of the enactment of this Act,
the head of a department or agency of the United States
which is in possession of any participant information
described in subparagraph (B) shall furnish such
information to the Commission.
(B) The participant information referred to in
subparagraph (A) is the name, service number, social
security number, and birth date of each individual who
participated in a chemical or biological warfare test
or project and the date and location of any such
project in which the individual participated.
(e) Security Clearances.--
(1) Chair and vice chair.--The chair and vice chair of the
Commission shall hold, as a condition of appointment to or
employment with the Commission, appropriate security clearances
for access to the classified briefing, records, and materials
to be reviewed by the Commission or its staff and shall follow
the guidance and practices on security under applicable
Executive orders and agency directives.
(2) Certain staff.--Not fewer than one-third of the staff
of the Commission shall hold, as a condition of appointment to
or employment with the Commission, appropriate security
clearances for access to the classified briefing, records, and
materials to be reviewed by the Commission or its staff and
shall follow the guidance and practices on security under
applicable Executive orders and agency directives.
(3) Members and staff.--
(A) In general.--Subject to paragraph (2), the
appropriate Federal agencies or departments shall
cooperate with the Commission in expeditiously
providing to the Commission members and staff
appropriate security clearances to the extent possible
pursuant to existing procedures and requirements.
(B) Exception.--No person shall be provided with
access to classified information under this Act without
the appropriate required security clearance access.
(f) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from the sales of other property received as gifts, bequests,
or devises shall be deposited in the Treasury and shall be available
for disbursement upon the order of the Commission.
(g) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(h) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(i) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission. The attendance of witnesses
and the production of evidence may be required from any place
within the United States at any designated place of hearing
within the United States.
(2) Issuance of subpoenas.--
(A) In general.--A subpoena may be issued under
this subsection only--
(i) by the agreement of the chair and vice
chair; or
(ii) by the affirmative vote of 4 members
of the Commission.
(B) Signature and service.--Subject to subparagraph
(A), a subpoena issued under this subsection may be
issued under the signature of the chair or any member
designated by a majority vote of the Commission and may
be served by any person designated by the chair or by
any person designated by a member designated by a
majority vote of the Commission.
(3) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may by punished by the court as civil
contempt.
(j) Contract Authority.--To the extent or in the amounts provided
in advance in appropriation Acts, the Commission may contract with and
compensate government and private agencies or persons for services if
entering into such contracts would enable the Commission to discharge
its duties.
SEC. 7. REPORTS.
(a) Interim Reports.--The Commission may submit to Congress, the
Committees on Armed Services and Veterans' Affairs of the Senate and
House of Representatives, the Congressional intelligence committees,
and the President, interim reports containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(b) Final Report.--The Commission shall transmit a final report to
Congress, the Committees on Armed Services and Veterans' Affairs of the
Senate and House of Representatives, the Congressional intelligence
committees, and the President, not later than 36 months from the date
of the initial meeting of the Commission. The final report shall
contain a detailed statement of the findings and conclusions of the
Commission, together with its recommendations for any actions the
Commission considers appropriate.
(c) Form of Report.--Each report submitted under this section shall
be unclassified but may contain a classified annex.
(d) Recommendation to Make Public Certain Classified Information.--
(1) In general.--If the Commission determines that it is in
the public interest that some or all of the information
contained in a classified annex of a report under this section
be made available to the public, the Commission shall make a
recommendation to the Congressional intelligence committees to
make such information public, and the Congressional
intelligence committees shall consider the recommendation
pursuant to the procedures under paragraph (2).
(2) Procedure for declassifying information.--The
procedures referred to in paragraph (1) are the procedures
described--
(A) with respect to the Permanent Select Committee
on Intelligence of the House of Representatives, in
clause 11(g) of Rule x of the Rules of the House of
Representatives, One Hundred Eighth Congress; and
(B) with respect to the Select Committee on
Intelligence of the Senate, in section 8 of Senate
Resolution 400, Ninety-Fourth Congress.
(e) Congressional Intelligence Committees.--In this subsection, the
term ``Congressional intelligence committees'' means--
(1) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(2) the Select Committee on Intelligence of the Senate.
SEC. 8. TERMINATION.
(a) In General.--The Commission shall terminate upon the expiration
of the 60-day period which begins on the date the Commission submits
its final report under section 7(b).
(b) Administrative Activities.--The Commission may use the 60-day
period described in subsection (a) to conclude its activities, which
may include providing testimony to committees of Congress concerning
its findings, conclusions, and recommendations.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $5,000,000 to carry out this
Act, which shall remain available until the termination of the
Commission. | Veterans' Right to Know Act - Establishes the Veterans' Right to Know Commission to: (1) investigate chemical or biological warfare tests or projects, especially those carried out between 1954 and 1973, placing particular emphasis on actions or conditions that could have contributed to health risks to any civilian or military personnel who participated in such a test or project or were otherwise potentially exposed to a biological or chemical agent as a result; and (2) report to Congress on its findings and recommendations. | {"src": "billsum_train", "title": "To establish the Veterans' Right to Know Commission."} | 3,671 | 97 | 0.635905 | 1.775736 | 1.555476 | 4.053191 | 36.223404 | 0.968085 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Essential Oral
Health Care Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS
Sec. 101. Grants to develop and implement pilot community dental health
coordinator (CDHC) training programs and to
support volunteer dental projects.
TITLE II--STATE OPTION FOR IMPROVING MEDICAID AND SCHIP DENTAL SERVICES
ACCESS
Sec. 201. Support for ensuring children enrolled in Medicaid and SCHIP
have dental services access equal to the
pediatric population of the State.
TITLE III--TAX CREDIT FOR DONATED DENTAL SERVICES
Sec. 301. Tax credit for donation of certain dental services.
TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS
SEC. 101. GRANTS TO DEVELOP AND IMPLEMENT PILOT COMMUNITY DENTAL HEALTH
COORDINATOR (CDHC) TRAINING PROGRAMS AND TO SUPPORT
VOLUNTEER DENTAL PROJECTS.
Title V of the Social Security Act (42 U.S.C. 701, et seq.) is
amended by adding at the end the following new sections:
``SEC. 511. GRANTS TO DEVELOP AND IMPLEMENT PILOT COMMUNITY DENTAL
HEALTH COORDINATOR (CDHC) TRAINING PROGRAMS.
``(a) Authority To Make Grants.--In addition to any other payments
made under this title to a State, the Secretary shall award grants to
no more than six entities that satisfy the requirements of subsection
(b) to participate as a pilot site for the Community Dental Health
Coordinator (in this section referred to as the `CDHC') model developed
as a new mid-level allied dental professional who will work in
underserved communities where residents have no or limited access to
oral health care. Under such a grant each CDHC--
``(1) will be employed by a federally-qualified health
center, Indian Health Service facility, State or county public
health clinic, private practitioner serving dentally
underserved populations, or similar entity; and
``(2) will work under the supervision of a licensed dentist
in collaboration with health organizations, community
organizations, schools, or other similar organizations, to
provide community-focused oral health promotion and
coordination of dental care.
``(b) Requirements.--In order to be eligible for a grant under this
section, an entity shall provide the Secretary with the following
assurances:
``(1) The entity will recruit and train no fewer than 12
CDHCs in a 3-year period.
``(2) The entity will work with a State-specific
coordinating committee that includes representatives of
agencies such as the State board of dentistry, dental
associations, and dental academic institutions where the pilot
projects are conducted, as well as the American Dental
Association's Workforce Models National Coordinating and
Development Committee (NCDC).
``(3) The entity will provide information required in
conducting the evaluation under subsection (d).
``(c) Application.--An entity desiring a grant under this section
shall submit an application to the Secretary in such manner as the
Secretary may require.
``(d) Evaluation.--The Secretary shall provide for an evaluation
over a 2-year period of the overall success of the grants provided
under this section to be conducted by a national evaluation team and
coordinated by the American Dental Association's Workforce Models
National Coordinating and Development Committee (NCDC).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2008 through 2012.
``SEC. 512. GRANTS TO SUPPORT VOLUNTEER DENTAL PROJECTS.
``(a) Authority To Make Grants.--In addition to any other payments
made under this title to a State, the Secretary shall award grants to
eligible entities as defined in subsection (b) to purchase portable or
mobile dental equipment and to pay for appropriate operational costs,
including direct health care or service delivery costs, for the
provision of free (or subsidized) dental services to underserved
populations.
``(b) Eligible Entity.--An eligible entity under this subsection is
an organization, such as a State or local dental association, dental
school, a hospital with a postdoctoral dental education program, or a
community-based organization that partners with an academic
institution, that is exempt from tax under section 501(c) of the
Internal Revenue Code of 1986 and that offers a free dental services
program for underserved populations.
``(c) Application.--An institution desiring a grant under this
section shall submit an application to the Secretary in such manner as
the Secretary may require.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to make grants under this section $3,000,000 for each of
fiscal years 2008 through 2012.''.
TITLE II--STATE OPTION FOR IMPROVING MEDICAID AND SCHIP DENTAL SERVICES
ACCESS
SEC. 201. SUPPORT FOR ENSURING CHILDREN ENROLLED IN MEDICAID AND SCHIP
HAVE DENTAL SERVICES ACCESS EQUAL TO THE PEDIATRIC
POPULATION OF THE STATE.
(a) Medicaid.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended by adding at the end the following new subsection:
``(aa) Equal Access to Oral Health Care for Pediatric Population
Plan.--
``(1) Increase in fmap for states implementing equal access
requirements.--In order to ensure adequate provider
participation in the plan under this title and to ensure that
children enrolled in the plan have access to oral health care
services to the same extent as such services are available to
the pediatric population of the State, subject to paragraph
(3), in the case of a State that amends its plan under this
title to incorporate, and to implement, the requirements
specified in paragraph (2), notwithstanding section 1905(b),
the Federal medical assistance percentage applied under the
plan with respect to expenditures for dental and oral health
services for children shall be increased by 25 percentage
points, but not to exceed 90 percent.
``(2) Provider participation and access requirements.--The
requirements specified in this paragraph for a State are that
the State provides the Secretary with assurances regarding each
of the following:
``(A) Children enrolled in the State plan have
access to oral health care services to the same extent
as such services are available to the pediatric
population of the State.
``(B) Payment for dental services for children
under the State plan is made at levels consistent with
the market-based rates.
``(C) No fewer than 35 percent of the practicing
dentists (including a reasonable mix of general
dentists, pediatric dentists, and oral and
maxillofacial surgeons) in the State participate
(whether directly or through a plan providing dental
services) under the State plan and there is reasonable
distribution of such dentists serving the covered
population.
``(D) Administrative barriers under this title are
addressed to facilitate such provider participation,
including improving eligibility verification, ensuring
that any licensed dentist may participate in a publicly
funded plan without also having to participate in any
other plan, simplifying claims forms processing,
assigning a single plan administrator for the dental
program, and employing case managers to reduce the
number of missed appointments.
``(E) Demand for services barriers under this title
are addressed, such as educating caregivers regarding
the need to seek dental services and addressing oral
health care literacy issues.
``(3) 3 year review.--Every 3 years the Secretary shall
evaluate the impact of the increase in the FMAP under paragraph
(1) on the rate of participation of dentists and the use of
dental services under the State plan. If the Secretary
determines that such increase in the FMAP has not resulted in a
commensurate increase in such participation and use rate, as
determined in consultation with the State involved, paragraph
(1) shall no longer apply in such State.''.
(b) Application to SCHIP.--Section 2105(b) of such Act (42 U.S.C.
1397ee(b)) is amended by adding at the end the following:
``Notwithstanding the previous sentence, the provisions of section
1903(aa) shall apply with respect to the enhanced FMAP and the State
plan under this title in the same manner as such provisions apply with
respect to the Federal medical assistance percentage and the State plan
under title XIX.''.
(c) Effective Date.--The amendments made by this section shall
apply to expenditures in calendar quarters beginning on or after
October 1, 2007.
TITLE III--TAX CREDIT FOR DONATED DENTAL SERVICES
SEC. 301. TAX CREDIT FOR DONATION OF CERTAIN DENTAL SERVICES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by inserting after section 45N the following new
section:
``SEC. 45O. DONATION OF CERTAIN DENTAL SERVICES.
``(a) In General.--For purposes of section 38, the qualified dental
services credit determined under this subsection for any taxable year
is an amount equal to 30 percent of the sum of the discounted amounts
with respect to qualified dental services provided by the taxpayer
during the taxable year to qualified low income individuals.
``(b) Limitation.--The credit determined under subsection (a) with
respect to any taxpayer for any taxable year shall not exceed $5,000.
``(c) Discounted Amounts.--For purposes of the this section--
``(1) In general.--The term `discounted amount' means, with
respect to any qualified dental service, the excess of--
``(A) the usual amount charged by the taxpayer to
an uninsured individual for such service, over
``(B) any amount charged or received by the
taxpayer for such service.
``(2) Discount must be at least 90 percent.--Such term
shall not include any amount with respect to any qualified
dental service if the amount described in paragraph (1)(B) with
respect to such service exceeds 10 percent of the amount
described in paragraph (1)(A) with respect to such service.
``(d) Qualified Low Income Individuals.--For purposes of this
section, the term `qualified low income individual' means any
individual whose family income does not exceed 200 percent of the
poverty line (as defined by the Office of Management and Budget).
``(e) Qualified Dental Services.--For purposes of this section, the
term ``qualified dental services'' means any dental service which is
necessary to prevent disease or promote oral health, restore oral
structure to health and function, or to treat an emergency
condition.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (30), by striking the period
at the end of paragraph (31) and inserting ``, plus'', and by
adding at the end the following:
``(32) the qualified dental services credit determined
under section 45O(a).''.
(2) The table of sections of such subpart is amended by
inserting after the item relating to section 45N the following
new item:
``Sec. 45O. Donation of certain dental services.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Essential Oral Health Care Act of 2007 - Amends title V (Maternal and Child Health Services) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to award grants to up to six entities to participate as pilot sites for the Community Dental Health Coordinator model developed as a new mid-level allied dental professional who will work in underserved communities where residents have no or limited access to oral health care.
Requires the Secretary also to award grants to eligible entities to: (1) purchase portable or mobile dental equipment; and (2) pay for appropriate operational costs for the provision of free dental services to underserved populations.
Amends SSA title XIX (Medicaid) and title XXI (State Children's Health Insurance Program (SCHIP)) to provide for an increase in the federal medical assistance percentage (FMAP) for states implementing requirements that ensure that children enrolled in the state Medicaid plan and/or SCHIP have access to oral health care services to the same extent as such services are available to the pediatric population of the state.
Amends the Internal Revenue Code to allow a tax credit for the donation of qualified dental services to qualified low income individuals. | {"src": "billsum_train", "title": "To amend titles V and XIX of the Social Security Act to improve essential oral health care for lower-income individuals under the Maternal and Child Health Program and the Medicaid Program and to amend the Internal Revenue Code of 1986 to provide a tax credit to dentists for dental services provided to low-income individuals."} | 2,684 | 261 | 0.647441 | 1.86634 | 0.805373 | 4.141593 | 10.318584 | 0.946903 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Economic Stimulus
Tax Act of 1993''.
(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 LIMITATION ON PASSIVE ACTIVITY LOSSES AND CREDITS.
(a) In General.--Section 469 (relating to passive activity losses
and credits limited) is hereby repealed.
(b) Conforming Amendment.--The table of sections for subpart C of
part II of subchapter E of chapter 1 is amended by striking the item
relating to section 469.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993.
SEC. 3. ACCELERATED DEPRECIATION SCHEDULE FOR REAL ESTATE.
(a) In General.--Paragraph (1) of section 168(c) (relating to
applicable recovery period) is amended by striking the items relating
to residential rental property and nonresidential real property and
inserting the following:
``Residential rental property................ 15 years
Nonresidential real property................. 18 years''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 1993.
SEC. 4. RESTORATION OF 10-PERCENT INVESTMENT TAX CREDIT.
(a) Allowance of Credit.--Section 46 (relating to amount of
investment credit) is amended by striking ``and'' at the end of
paragraph (2), by striking the period at the end of paragraph (3) and
inserting ``, and'', and by adding at the end thereof the following new
paragraph:
``(4) the general investment credit.''
(b) Amount of Credit.--Section 48 is amended by adding at the end
thereof the following new subsection:
``(c) General Investment Credit.--
``(1) In general.--For purposes of section 46, the general
investment credit for any taxable year is an amount equal to 10
percent of the qualified investment for such taxable year.
``(2) Qualified investment.--
``(A) In general.--For purposes of paragraph (1),
the qualified investment for any taxable year is the
aggregate of--
``(i) the applicable percentage of the
basis of each new section 38 property placed in
service by the taxpayer during such taxable
year, plus
``(ii) the applicable percentage of the
cost of each used section 38 property placed in
service by the taxpayer during such taxable
year.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage for any
property shall be determined under paragraphs (2) and
(7) of section 46(c) (as in effect on the day before
the date of the enactment of the Revenue Reconciliation
Act of 1990).
``(C) Certain rules made applicable.--The
provisions of subsections (b) and (c) of section 48 (as
in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990) shall apply
for purposes of this paragraph.
``(3) Section 38 property.--For purposes of this
subsection, the term `section 38 property' means--
``(A) tangible personal property (other than an air
conditioning or heating unit), or
``(B) other tangible property (not including a
building and its structural components) but only if
such property--
``(i) is used as an integral part of
manufacturing, production, or extraction or of
furnishing transportation, communications,
electrical energy, gas, water, or sewage
disposal services, or
``(ii) constitutes a research facility used
in connection with any of the activities
referred to in clause (i), or
``(iii) constitutes a facility used in
connection with any of the activities referred
to in clause (i) for the bulk storage of
fungible commodities (including commodities in
a liquid or gaseous state), or
``(C) elevators and escalators, but only if--
``(i) the construction, reconstruction, or
erection of the elevator or escalator is
completed by the taxpayer, or
``(ii) the original use of such elevator or
escalator commences with the taxpayer, or
``(D) single purpose agricultural or horticultural
structures; or
``(E) a storage facility (not including a building
and its structural components) used in connection with
the distribution of petroleum or any primary product of
petroleum.
Such term includes only property to which section 168 applies
without regard to any useful life and any other property with
respect to which depreciation (or amortization in lieu of
depreciation) is allowable and having a useful life (determined
as of the time such property is placed in service) of 3 years
or more.
``(4) Coordination with other credits.--This subsection
shall not apply to any property to which the energy credit or
rehabilitation credit would apply unless the taxpayer elects to
waive the application of such credits to such property.
``(5) Certain progress expenditure rules made applicable.--
Rules similar to rules of subsection (c)(4) and (d) of section
46 (as in effect on the day before the date of the enactment of
the Revenue Reconciliation Act of 1990) shall apply for
purposes of this subsection.''
(c) Technical Amendments.--
(1) Subparagraph (C) of section 49(a)(1) is amended by
striking ``and'' at the end of clause (ii), by striking the
period at the end of clause (iii) and inserting ``, and'', and
by adding at the end thereof the following new clause:
``(iv) the basis of any new section 38
property and the cost of any used section 38
property.''
(2) Subparagraph (E) of section 50(a)(2) is amended by
inserting ``or 48(c)(5)'' before the period at the end thereof.
(3) Paragraph (5) of section 50(a) is amended by adding at
the end thereof the following new subparagraph:
``(D) Special rules for certain property.--In the
case of any section 38 property which is 3-year
property (within the meaning of section 168(e))--
``(i) the percentage set forth in clause
(ii) of the table contained in paragraph (1)(B)
shall be 66 percent,
``(ii) the percentage set forth in clause
(iii) of such table shall be 33 percent, and
``(iii) clauses (iv) and (v) of such table
shall not apply.''
(4)(A) The section heading for section 48 is amended to
read as follows:
``SEC. 48. OTHER CREDITS.''
(B) The table of sections for subpart E of part IV of
subchapter A of chapter 1 is amended by striking the item
relating to section 48 and inserting the following:
``Sec. 48. Other credits.''
(d) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 5. 50 PERCENT DEDUCTION FOR CERTAIN CAPITAL GAINS.
(a) Taxpayers Other Than Corporations.--Part I of subchapter P of
chapter 1 (relating to treatment of capital gains) is amended by adding
at the end the following new section:
``SEC. 1202. DEDUCTION FOR CERTAIN CAPITAL GAINS.
``(a) General Rule.--If for any taxable year a taxpayer other than
a corporation has a qualified net capital gain, there shall be allowed
as a deduction from gross income an amount equal to 50 percent of the
qualified net capital gain.
``(b) Qualified Net Capital Gain.--For purposes of this section--
``(1) In general.--The term `qualified net capital gain'
means the lesser of--
``(A) the net capital gain for the taxable year, or
``(B) the net capital gain for the taxable year
determined by taking into account only gain or loss
from qualified assets.
``(2) Qualified assets.--The term `qualified asset' means
any property with a holding period of at least 1 year at the
time of disposition, other than--
``(A) stock or securities for which there is a
market on an established securities market or
otherwise, and
``(B) property (other than stock or securities) of
a kind regularly traded on an established market.
``(c) Estates and Trusts.--In the case of an estate or trust, the
deduction under subsection (a) shall be computed by excluding the
portion (if any) of the gains for the taxable year from sales or
exchanges of capital assets which, under section 652 and 662 (relating
to inclusions of amounts in gross income of beneficiaries of trusts),
is includible by the income beneficiaries as gain derived from the sale
or exchange of capital assets.''
(b) Corporations.--Section 1201 (relating to alternative tax for
corporations) is amended by redesignating subsection (b) as subsection
(c) and by inserting after subsection (a) the following new subsection:
``(b) Deduction for Certain Capital Gains.--
``(1) In general.--If for any taxable year a corporation
has a qualified net capital gain, there shall be allowed as a
deduction from gross income an amount equal to 50 percent of
the qualified net capital gain.
``(2) Qualified net capital gain.--For purposes of this
subsection, the term `qualified net capital gain' has the
meaning given such term in section 1202(b).''
(c) Conforming Amendments.--
(1)(A) Subsection (h) of section 1 is amended by inserting
after ``net capital gain'' each place it appears the following:
``(other than qualified net capital gain (within the meaning of
section 1202(b))''.
(B) Subsection (a) of section 1201 is amended by inserting
after ``net capital gain'' each place it appears the following:
``(other than qualified net capital gain (within the meaning of
section 1202(b))''.
(2) Subsection (a) of section 62 is amended by adding at
the end the following new paragraph:
``(15) Qualified net capital gains.--The deduction allowed
by section 1202.''
(3)(A) The heading for section 1201 is amended to read as
follows:
``SEC. 1201. ALTERNATIVE TAX FOR CORPORATIONS; DEDUCTION FOR CERTAIN
CAPITAL GAINS.''
(B) The item relating to section 1201 in the table of
sections for part I of subchapter P of chapter 1 is amended to
read as follows:
``Sec. 1201. Alternative tax for
corporations; deduction for
certain capital gains.''
(4) The table of sections for part I of subchapter P of
chapter 1 is amended by adding at the end the following new
item:
``Sec. 1202. Deduction for certain
capital gains.''
(d) Effective Date.--The amendments made by this section shall
apply to sales and exchanges after the date of the enactment of this
Act.
SEC. 6. INCREASE IN DEDUCTIBLE HEALTH INSURANCE COSTS FOR SELF-EMPLOYED
INDIVIDUALS.
(a) Deduction Made Permanent.--
(1) In general.--Subsection (l) of section 162 (relating to
special rules for health insurance costs of self-employed
individuals) is amended by striking paragraph (6).
(2) Conforming amendment.--Subsection (a) of section 110 of
the Tax Extension Act of 1991 is amended by striking paragraph
(2).
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 1991.
(b) Deduction Increased to 100 Percent.--
(1) In general.--Paragraph (1) of section 162(l) is amended
by striking ``25 percent'' and inserting ``100 percent''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to taxable years beginning after December 31, 1992.
SEC. 7. RESTORATION OF INCOME AVERAGING.
(a) In General.--Section 141 of the Tax Reform Act of 1986 (and the
amendments made by such section) are hereby repealed, and the Internal
Revenue Code of 1986 shall be applied and administered as if such
section (and amendments) had not been enacted.
(b) Effective Date.--The repeal made by this section shall apply to
taxable years beginning after December 31, 1993.
SEC. 8. MODIFICATIONS IN SOCIAL SECURITY TAXES.
(a) Removal of Ceiling on Wages Subject to Tax.--
(1) FICA taxes.--
(A) Section 3121(a) (defining wages) is amended by
striking paragraph (1).
(B) Section 3121 is amended by striking subsection
(x) (relating to applicable contribution base).
(2) SECA tax.--
(A) Section 1402(b) (defining self-employment
income) is amended--
(i) in the 1st sentence, by striking
paragraph (1), and
(ii) by striking the 2d sentence.
(B) Section 1402 is amended by striking subsection
(k) (relating to applicable contribution base).
(b) Reduction in Social Security Taxes.--
(1) Employee tax.--Subsection (a) of section 3101 (relating
to rate of tax on employees) is amended to read as follows:
``(a) Old-Age, Survivors, and Disability Insurance.--In addition to
other taxes, there is hereby imposed on the income of every individual
a tax equal to 4.55 percent of the wages (as defined in section
3121(a)) received by the individual with respect to employment (as
defined in section 3121(b)).''
(2) Employer tax.--Subsection (a) of section 3111 (relating
to rate of tax on employers) is amended to read as follows:
``(a) Old-Age, Survivors, and Disability Insurance.--In addition to
other taxes, there is hereby imposed on every employer an excise tax
equal to 4.55 percent of the wages (as defined in section 3121(a)) paid
by the employer with respect to employment (as defined in section
3121(b)).''
(3) Self-employment tax.--Subsection (a) of section 1401
(relating to rate of tax on self-employment income) is amended
to read as follows:
``(a) Old-Age, Survivors, and Disability Insurance.--In addition to
other taxes, there is hereby imposed for each taxable year, on the
self-employment income of every individual, a tax equal to 6.82 percent
of the amount of the self-employment income for the taxable year.''
(c) Conforming Amendments.--
(1)(A) Paragraphs (2) and (3) of section 3121(i) (relating
to computation of wages in certain cases) are each amended by
striking ``, subject to the provisions of subsection (a)(1) of
this section,''.
(B) Paragraph (4) of section 3121(i) is amended by striking
``, subject to the provisions of subsection (a)(1),''.
(C) Section 3121(s) (relating to concurrent employment by 2
or more employers) is amended by striking ``3102, 3111, and
3121(a)(1)'' and inserting ``3102 and 3111''.
(2) Section 3122 (relating to Federal service) is amended
by striking the 3d sentence.
(3) Subsections (a), (b), (c), and (d) of section 3125
(relating to returns in the case of governmental employees in
the States, Guam, American Samoa, and the District of Columbia)
are each amended by striking the last sentence.
(4)(A) Clause (i) of section 3231(e)(2)(A) is amended by
striking ``The'' and inserting ``In the case of the taxes
imposed by sections 3201(b), 3211(a)(2), and 3221(b), the''.
(B) Subparagraph (B) of section 3231(e)(2) is amended to
read as follows:
``(B) Applicable base.--For purposes of
subparagraph (A), the term `applicable base' means for
any calendar year the contribution and benefit base
determined under section 230 of the Social Security Act
for such calendar year; except that, for such purposes
and for purposes of computing average monthly
compensation under section 3(j) of the Railroad
Retirement Act of 1974 (except with respect to annuity
amounts determined under subsection (a) or (f)(3) of
section 3 of such Act), clause (2) of the first
sentence, and the second sentence, of section 230(c) of
the Social Security Act shall be disregarded.''
(C) Subparagraph (C) of section 3231(e)(2) (defining
compensation for purposes of railroad retirement tax) is
amended by inserting after ``employers)'' the following: ``, as
such section was in effect immediately before its repeal by the
Farm and Small Business Tax Equity Act of 1993,''.
(D) The heading of paragraph (2) of section 3231(e) is
amended by striking ``bases'' and inserting ``base to tier 2
taxes''.
(5) Section 6413 is amended by striking subsection (c)
(relating to special refunds for employees receiving wages from
more than 1 employer).
(6) Section 230(c) of the Social Security Act (42 U.S.C.
430(c)) is amended by striking ``and sections 1402, 3121, 3122,
3125, 6413, and 6654 of the Internal Revenue Code of 1954''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to remuneration paid after December 31, 1993, and
with respect to earnings from self-employment attributable to taxable
years beginning after such date.
HR 912 IH----2 | Economic Stimulus Tax Act of 1993 - Amends the Internal Revenue Code (IRC) to repeal the limitation on passive activity losses and credits.
Shortens the recovery period (providing for accelerated depreciation) for residential rental property and nonresidental real property.
Restores the ten-percent general investment tax credit.
Allows individuals and corporations a deduction of 50 percent of the net capital gain from assets held for at least one year.
Increases the deduction for health insurance costs for self-employed individuals from 25 percent to 100 percent. Makes such deduction permanent.
Repeals the Tax Reform Act of 1986 to restore IRC provisions relating to income averaging.
Removes the ceiling on wages subject to social security taxes and provides a reduction in such taxes. | {"src": "billsum_train", "title": "Economic Stimulus Tax Act of 1993"} | 4,230 | 169 | 0.541872 | 1.310384 | 0.684986 | 2.629371 | 26.328671 | 0.867133 |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Advancing the Global Opportunities
for Biotechnology in Agriculture Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Biotechnology in the agricultural sector holds the
prospect for substantial benefits to mankind in a number of
critical areas.
(2) Enhanced crop yields resulting from the use of
agricultural biotechnology will help in feeding a growing world
population, especially in developing countries.
(3) Healthier bio-engineered foods will assist in combating
diseases specific to the developing world that arise from
vitamin and other nutritional deficiencies.
(4) Pest and disease resistant crops developed through
biotechnology will preserve and improve the environment by
reducing the need for herbicides and pesticides.
(5) Greater agricultural yields will preserve the
environment by minimizing the need for additional farmland to
feed and clothe the world's growing population.
(6) Ensuring that these benefits, the underlying scientific
information, and the regulatory framework for managing this
technology are shared globally is imperative and should be an
integral part of United States foreign assistance programs.
SEC. 3. INTERNATIONAL EDUCATIONAL PROGRAMS.
(a) In General.--Of the funds appropriated to carry out sections
103 through 106, and chapter 10 of part I of the Foreign Assistance Act
of 1961 for fiscal years 2001-2002, $6,000,000 is authorized to be
appropriated to the Agency for International Development for programs
and projects designed to educate government officials in developing
countries regarding the use of biotechnology in the agricultural sector
and the regulatory procedures used by the United States with respect to
agricultural products using biotechnology. The programs and activities
shall encourage acceptance by those countries of products approved
under the United States regulatory system or, in the case of countries
who choose to establish a national regulatory system based on science,
to encourage adoption of domestic approval processes based on objective
scientific principles. The programs and activities shall include the
following:
(1) Technical exchange program for foreign officials.--The
Agency for International Development shall carry out a
technical exchange program that brings to the United States
appropriate foreign officials for the purpose of educating them
about the scientific process underlying biotechnology and the
regulatory approval system employed in the United States for
biotechnology products, and to seek answers to any questions
they or their citizens may have regarding the safety of
biotechnology, particularly in agricultural products.
(2) Technical exchange program for united states
biotechnology experts.--The Agency for International
Development shall carry out a technical exchange program that
sends United States experts in the field of biotechnology in
the agriculture sector to foreign capitals to provide
information on the scientific process underlying biotechnology,
the regulatory approval system employed in the United States to
approve agricultural products produced with biotechnology, and
to respond to any questions the officials in foreign countries
or their citizens may have regarding the safety of
biotechnology, particularly in the agriculture sector.
SEC. 4. DEVELOPMENT OF EXPERTISE IN BIOTECHNOLOGY IN THE AGENCY FOR
INTERNATIONAL DEVELOPMENT.
In order to carry out the programs and activities in section ____,
the Agency for International Development shall establish a group of
experts within the agency to carry out these programs. To maximize its
effectiveness, this group should draw on the expertise, as appropriate,
of regulatory officials in the Environmental Protection Agency, the
Food and Drug Administration, and the United States Department of
Agriculture, as well as appropriate officials from the Department of
State.
SEC. 5. COORDINATED FEDERAL STRATEGY.
(a) Coordination.--The President shall establish an interagency
process for all relevant executive branch agencies, including the
United States Department of Agriculture, the Office of the United
States Trade Representative, the Department of State, the Agency for
International Development, the Department of Commerce, the Food and
Drug Administration, and the Environmental Protection Agency, to
coordinate efforts and to generate support for the acceptance of
agricultural biotechnology. United States policies must stress the
prominence of science as the foundation for regulatory decision-making
and work aggressively in international fora such as the World Trade
Organization, the Organization for Economic Cooperation and
Development, the World Health Organization, including its CODEX
Alimentarius, and the United Nations, to advocate for science-based
decision making.
(b) Standards for Food Aid.--The Agency for International
Development and the United States Department of Agriculture should work
to ensure that all food and grain products that meet United States
health and safety requirements are acceptable to foreign countries
under relevant food aid programs.
SEC. 6. SENSE OF THE CONGRESS.
It is the Sense of the Congress that the Secretary of State should
work with United States embassies abroad to develop bilateral support
from foreign governments for the approval of science-based trading
regimes in multilateral forums and organizations. | Directs the President to establish an interagency process for all relevant executive branch agencies, including the Department of Agriculture, the Office of the U.S. Trade Representative, the Department of State, AID, the Department of Commerce, the Food and Drug Administration, and the Environmental Protection Agency, to coordinate efforts and to generate support for the acceptance of agricultural biotechnology. Urges U.S. policies to stress the prominence of science as the foundation for regulatory decision-making and work aggressively in international fora such as the World Trade Organization, the Organization for Economic Cooperation and Development, including its CODEX Alimentarius, and the United Nations, to advocate for science-based decision- making.
Urges AID and the Department of Agriculture to ensure that all food and grain products that meet U.S. health and safety requirements are acceptable to foreign countries under relevant food aid programs.
Expresses the sense of Congress that the Secretary of State should work with U.S. embassies abroad to develop bilateral support from foreign governments for the approval of science-based trading regimes in multilateral forums and organizations. | {"src": "billsum_train", "title": "Advancing the Global Opportunities for Biotechnology in Agriculture Act of 2000"} | 1,014 | 232 | 0.418496 | 1.422817 | 0.701755 | 7.756345 | 4.949239 | 0.954315 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Access to Mainstream
Financial Institutions Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the same meaning as the term ``Native
Corporation'' under section 3(m) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(m)).
(2) Community development financial institution.--The term
``community development financial institution'' has the same
meaning as in section 103(5) of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4702(5)).
(3) Federally insured depository institution.--The term
``federally insured depository institution'' means any insured
depository institution (as that term is defined in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813)) and any
insured credit union (as that term is defined in section 101 of
the Federal Credit Union Act (12 U.S.C. 1752)).
(4) Labor organization.--The term ``labor organization''
means an organization--
(A) in which employees participate;
(B) which exists for the purpose, in whole or in
part, of dealing with employers concerning grievances,
labor disputes, wages, rates of pay, hours of
employment, or conditions of work; and
(C) which is described in section 501(c)(5) of the
Internal Revenue Code of 1986.
(5) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means any organization that--
(A) serves and represents the interests of Native
Hawaiians; and
(B) has as a primary and stated purpose, the
provision of services to Native Hawaiians.
(6) Payday loan.--The term ``payday loan'' means any
transaction in which a small cash advance is made to a consumer
in exchange for--
(A) the personal check or share draft of the
consumer, in the amount of the advance plus a fee,
where presentment or negotiation of such check or share
draft is deferred by agreement of the parties until a
designated future date; or
(B) the authorization of the consumer to debit the
transaction account or share draft account of the
consumer, in the amount of the advance plus a fee,
where such account will be debited on or after a
designated future date.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(8) Tribal organization.--The term ``tribal organization''
has the same meaning as in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 3. EXPANDED ACCESS TO MAINSTREAM FINANCIAL INSTITUTIONS.
(a) Establishment of Program.--The Secretary is authorized to award
grants, including multi-year grants, to eligible entities to establish
an account in a federally insured depository institution for low- and
moderate-income individuals that currently do not have such an account.
(b) Eligible Entities.--An entity is eligible to receive a grant
under this section, if such an entity is--
(1) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986, and is exempt from taxation
under section 501(a) of such Code;
(2) a federally insured depository institution;
(3) an agency of a State or local government;
(4) a community development financial institution;
(5) an Indian tribal organization;
(6) an Alaska Native Corporation;
(7) a Native Hawaiian organization;
(8) a labor organization; or
(9) a partnership comprised of 1 or more of the entities
described in the preceding subparagraphs.
(c) Evaluation and Reports to Congress.--For each fiscal year in
which a grant is awarded under this section, the Secretary shall submit
a report to Congress containing a description of the activities funded,
amounts distributed, and measurable results, as appropriate and
available.
SEC. 4. LOW COST ALTERNATIVES TO PAYDAY LOANS.
(a) Establishment of Program.--The Secretary is authorized to award
demonstration project grants (including multi-year grants) to eligible
entities to provide low-cost, small loans to consumers that will
provide alternatives to more costly, predatory payday loans.
(b) Eligible Entities.--An entity is eligible to receive a grant
under this section if such an entity is--
(1) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code;
(2) a federally insured depository institution;
(3) a community development financial institution; or
(4) a partnership comprised of 1 or more of the entities
described in paragraphs (1) through (3).
(c) Terms and Conditions.--
(1) Percentage rate.--For purposes of this section, an
eligible entity that is a federally insured depository
institution shall be subject to the annual percentage rate
promulgated by the National Credit Union Administration's Loan
Interest Rates under part 701 of title 12, Code of Federal
Regulations (or any successor thereto), in connection with a
loan provided to a consumer pursuant to this section.
(2) Financial literacy and education opportunities.--Each
eligible entity awarded a grant under this section shall offer
financial literacy and education opportunities, such as
relevant counseling services or educational courses, to each
consumer provided with a loan pursuant to this section.
(d) Evaluation and Reports to Congress.--For each fiscal year in
which a grant is awarded under this section, the Secretary shall submit
a report to Congress containing a description of the activities funded,
amounts distributed, and measurable results, as appropriate and
available.
SEC. 5. PROCEDURAL PROVISIONS.
(a) Applications.--A person desiring a grant under section 3 or 4
shall submit an application to the Secretary, in such form and
containing such information as the Secretary may require.
(b) Limitation on Administrative Costs.--A recipient of a grant
under section 3 or 4 may use not more than 6 percent of the total
amount of such grant in any fiscal year for the administrative costs of
carrying out the programs funded by such grant in such fiscal year.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary, such sums
as are necessary to carry out the grant programs authorized by this
Act, to remain available until expended.
SEC. 7. REGULATIONS.
The Secretary is authorized to promulgate regulations to implement
and administer the grant programs authorized by this Act. | Improving Access to Mainstream Financial Institutions Act of 2008 - Authorizes the Secretary of the Treasury to award grants, including multi-year grants, to specified eligible entities to establish an account in a federally insured depository institution for low- and moderate-income individuals who currently do not have such an account. Includes among such eligible entities: (1) Alaska Native Corporations; (2) Native Hawaiian organizations; and (3) labor organizations.
Authorizes the Secretary to award demonstration project grants to eligible entities to provide low-cost, small loans to consumers that will provide alternatives to more costly, predatory payday loans. Requires such entities to be: (1) tax-exempt charitable organizations; (2) federally insured depository institutions; (3) community development financial institutions; or (4) partnerships comprised of one or more of such entities. Requires grant recipients to offer financial literacy and education opportunities to each consumer provided with a loan pursuant to this Act. | {"src": "billsum_train", "title": "A bill to authorize a grant program to provide for expanded access to mainstream financial institutions."} | 1,507 | 197 | 0.54506 | 1.57019 | 0.678588 | 4.684783 | 7.255435 | 0.913043 |
SECTION 1. TRADE NEGOTIATING OBJECTIVES.
Section 1101 of the Omnibus Trade and Competitiveness Act of 1988
(19 U.S.C. 2901) is amended as follows:
(1) Overall trade negotiating objectives.--Subsection (a)
is amended--
(A) in paragraph (2) by striking ``and'' after the
semicolon;
(B) in paragraph (3) by striking the period and
inserting ``; and''; and
(C) by adding after paragraph (3) the following:
``(4) increased compatibility of trade agreements with
environmental protection, conservation, and sustainable
development.''.
(2) Principal trade negotiating objectives.--Subsection (b)
is amended as follows:
(A) Dispute settlement.--Paragraph (1)(B) is
amended to read as follows:
``(B) to ensure that such mechanisms within trade
agreements to which the United States is a party
provide for more effective and expeditious resolution
of disputes, improve transparency and public
participation, and enable better enforcement of United
States rights, including those relating to environment
and conservation.''.
(B) Transparency.--Paragraph (3) is amended by
inserting ``, including those related to environment
and conservation,'' after ``trade matters''.
(C) Developing countries.--Paragraph (4) is
amended--
(i) in subparagraph (A) by striking ``and''
after the semicolon;
(ii) in subparagraph (B) by striking the
period and inserting ``; and''; and
(iii) by adding after subparagraph (B) the
following:
``(C) to take into account the particular needs of
developing countries in trade matters relating to
environment and conservation.''.
(D) Unfair trade practices.--Paragraph (8)(A) is
amended--
(i) by striking ``the GATT and nontariff
measure'' and inserting ``trade''; and
(ii) by inserting ``and other practices
potentially harmful to the environment'' after
``resource input subsidies''.
(E) Intellectual property.--Paragraph (10) is
amended--
(i) in subparagraph (C) by striking ``and''
after the semicolon;
(ii) in subparagraph (D) by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) to promote compatibility of established
standards of the World Trade Organization relating to
intellectual property with existing international
biological diversity conventions.''.
(F) Foreign investment.--Paragraph (11) is
amended--
(i) by striking ``direct'' in the paragraph
heading and each place it appears in the text;
and
(ii) in subparagraph (A)(ii)--
(I) by striking ``and'' at the end
of subclause (I);
(II) by striking the period at the
end of subclause (II) and inserting ``,
and''; and
(III) by adding at the end the
following:
``(III) will promote
environmentally sensitive foreign
investment and discourage countries
from attracting or maintaining foreign
investment by relaxing domestic health,
safety, or environmental measures.''.
(G) Additional objectives.--Subsection (b) is
amended by adding at the end the following:
``(17) Environment and conservation.--The principal
negotiating objectives of the United States regarding
environment and conservation issues related to trade and
foreign investment are to--
``(A) promote compatibility between trade
agreements and sustainable development, and foster the
continual protection and improvement of the
environment, while recognizing national sovereignty;
``(B) increase cooperation on trade-related
environmental policies to better conserve, protect, and
enhance the environment;
``(C) avoid trade distortions or barriers that
undermine environmental protection and conservation or
that constitute disguised protectionism;
``(D) promote transparency and public
participation, and increase consumer information in the
development of environmental laws, regulations, and
policies; and
``(E) promote compatibility of trade agreements
with international environmental agreements to protect
shared global resources.
``(18) Wood and wood products.--The principal negotiating
objectives of the United States regarding trade in wood and
wood products are to--
``(A) promote sustainable forestry practices; and
``(B) increase market access for value-added wood
products and wood products that are produced from
timber that is sustainably harvested.''.
SEC. 2. CITIZEN PARTICIPATION.
Section 135 of the Trade Act of 1974 (19 U.S.C. 2155) is amended as
follows:
(1) Advisory committee for trade policy and negotiations.--
Subsection (b)(1) is amended by inserting ``nongovernmental
environmental and conservation organizations,'' after
``governments,''.
(2) General policy, sectoral, or functional committees.--
Subsection (c) is amended--
(A) in paragraph (1)--
(i) by inserting ``environment and
conservation,'' after ``general policy advisory
committees for'';
(ii) by inserting ``environment and
conservation,'' after ``representative of
all'';
(iii) by striking ``and the Secretaries''
and all that follows through ``or other
executive'' and inserting ``, the Secretaries
of the Interior, Commerce, Defense, Labor,
Agriculture, and the Treasury, and the
Administrators of the Environmental Protection
Agency and the National Oceanic and Atmospheric
Administration, or the heads of other
executive''; and
(iv) by inserting ``and Administrators''
after ``such Secretaries'';
(B) in paragraph (2)--
(i) by inserting ``environment and
conservation,'' after ``representative of
all'';
(ii) by striking ``and the Secretaries''
and all that follows through ``or other
executive'' and inserting ``, the Secretaries
of the Interior, Commerce, Labor, Agriculture,
and the Treasury, and the Administrators of the
Environmental Protection Agency and the
National Oceanic and Atmospheric
Administration, or the heads of other
executive''; and
(iii) in subparagraph (B)--
(I) by redesignating clauses (iii)
through (v) as clauses (iv) through
(vi), respectively; and
(II) by inserting after clause (ii)
the following:
``(iii) environmental impacts of
liberalized trade and investment,''.
(3) Advice and information.--Subsection (d) is amended by
striking ``and the Secretaries'' and all that follows through
``or other executive'' and inserting ``, the Secretaries of the
Interior, Agriculture, Commerce, Labor, and Defense, and the
Administrators of the Environmental Protection Agency and the
National Oceanic and Atmospheric Administration, or the heads
of other executive''.
(4) Meetings at close of negotiations.--Subsection (e) is
amended by adding at the end the following:
``(4) The report of the appropriate sectoral or functional
committee or committees under paragraph (1) shall include an
advisory opinion as to the significant environmental effects of
trade conducted within the sector or within the functional
area.''.
(5) Trade secrets and confidential information.--Subsection
(g)(3) is amended by striking ``and the Secretaries'' and all
that follows through ``or other executive'' and inserting ``,
the Secretaries of the Interior, Commerce, Labor, Defense, and
Agriculture, and the Administrators of the Environmental
Protection Agency and the National Oceanic and Atmospheric
Administration, or the heads of other executive''.
(6) Advisory committee support.--Subsection (h) is amended
by striking ``and the Secretaries'' and all that follows
through ``or other executive'' and inserting ``, the
Secretaries of the Interior, Commerce, Labor, Defense,
Agriculture, and the Treasury, and the Administrators of the
Environmental Protection Agency and the National Oceanic and
Atmospheric Administration, or the heads of other executive''.
(7) Consultation with advisory committees.--Subsection (i)
is amended--
(A) by inserting ``the Interior,'' after
Secretaries of''; and
(B) by striking ``the Treasury, or other
executive'' and inserting ``and the Treasury and the
Administrator of the Environmental Protection Agency
and the National Oceanic and Atmospheric
Administration, or the heads of other executive''.
(8) Private organizations or groups.--Subsection (j) is
amended by inserting ``environment and conservation,'' after
``government''.
SEC. 3. ADDITIONAL NEGOTIATING OBJECTIVES.
Section 1101 of the Omnibus Trade and Competitiveness Act of 1988
is amended by adding at the end the following:
``(c) Specific Objectives for Particular Forums.--
``(1) WTO.--The principal negotiating objectives of the
United States regarding environment and conservation in the
World Trade Organization and the Committee on Trade and
Environment of the World Trade Organization are--
``(A) to develop guidelines for the use of national
trade and investment measures designed to protect the
environment, including those related to the product
life cycle;
``(B) to increase transparency, openness, and
public participation in dispute settlement procedures;
``(C) to improve the rules and agreements of the
World Trade Organization regarding measures to protect
domestic environmental standards and conservation
measures;
``(D) to promote greater compatibility of the rules
and agreements of the World Trade Organization with
international environmental agreements that rely upon
trade sanctions for enforcement;
``(E) to consider incentives, including improved
market access, that might promote resolution of
environmental issues relating to international trade;
``(F) to consider intellectual property rules that
may promote greater protection of biodiversity;
``(G) to develop guidelines with respect to trade
in domestically prohibited or severely restricted
goods;
``(H) to achieve progress toward eliminating
agricultural subsidies that distort trade and harm the
environment; and
``(I) to create an open process to consider
continually new trade-related initiatives to promote
sustainable development, internalize environmental
costs, and enhance environmental protection and the
effectiveness of conservation measures.
``(2) Bilateral trade or nafta accession.--The principal
negotiating objectives of the United States with respect to
bilateral trade accession to the North American Free Trade
Agreement are--
``(A) to establish, where relevant for the country
seeking accession, minimum environmental safeguards
that are not less than those contained in the North
American Free Trade Agreement and the North American
Agreement on Environmental Cooperation; and
``(B) to implement such additional measures as may
be needed to address country-specific trade and
environment issues.
``(3) Asia-pacific economic cooperation forum.--The
principal negotiating objectives of the United States in the
Asia-Pacific Economic Cooperation forum (APEC) are--
``(A) to develop a program relating to environment
and conservation measures of relevance to member
countries of APEC; and
``(B) to establish a permanent institutional
mechanism or secretariat and a timetable for
implementing the program developed under subparagraph
(A).''. | Amends the Omnibus Trade and Competitiveness Act of 1988 to add as an overall U.S. trade negotiating objective that the United States obtain increased compatibility of trade agreements with environmental protection, conservation, and sustainable development.
(Sec. 1) Declares principal U.S. trade negotiating objectives includes ensuring that dispute settlement mechanisms within trade agreements provide for more effective and expeditious resolution of disputes, improve transparency and public participation, and enable better enforcement of U.S. rights, including those relating to environment and conservation; (2) obtaining broader application of the principle of transparency through the observance of open and equitable procedures by GATT Contracting Parties to the GATT in trade matters related to environment and conservation; (3) taking into account the particular needs of developing countries in trade matters relating to environment and conservation; (4) improving the provisions of trade agreements to discipline unfair trade practices having adverse trade effects, including practices potentially harmful to the environment;(5) promoting compatibility of established standards of the World Trade Organization (WTO) relating to intellectual property with existing international biological diversity conventions; and (6) developing internationally agreed rules, including dispute settlement procedures, which will promote environmentally sensitive foreign investment and discourage countries from attracting or maintaining foreign investment by relaxing domestic health, safety, or environmental measures.
Declares that the principal U.S. negotiating objectives: (1) regarding environment and conservation issues related to trade and foreign investment are, among other things, to promote compatibility between trade agreements and the protection of the environment and global resources; and (2) regarding trade in wood and wood products are to promote sustainable forestry practices, and to increase market access for value-added wood products and wood products that are produced from timber that is sustainably harvested.
(Sec. 2) Amends the Trade Act of 1974 to revise the composition of the Advisory Committee for Trade Policy and Negotiations to include nongovernmental environmental and conservation organizations. Authorizes the President to establish individual general policy and sectoral or functional advisory committees for environment and conservation. Requires a specified report of the appropriate sectoral or functional committees concerning proposed trade agreements to include an advisory opinion as to the significant environmental effects of trade conducted within the sector or functional area.
(Sec. 3) Amends the Omnibus Trade and Competitiveness Act of 1988 to declare that the principal U.S. negotiating objectives regarding environment and conservation in the WTO and the Committee on Trade and Environment of the WTO are, among other things, to promote greater compatibility of the rules and agreements of the WTO with international agreements that rely upon trade sanctions for enforcement.
Declares that the principal U.S. negotiating objectives with respect to bilateral trade accession to the North American Free Trade Agreement (NAFTA) are to establish for the country seeking accession minimum environmental safeguards that are not less than those contained in NAFTA and the North American Agreement on Environmental Cooperation.
Declares that the principal U.S. negotiating objectives with respect to the Asia-pacific Economic Cooperation form (APEC) are to develop a program relating to environment and conservation measures of relevance to member countries of APEC. | {"src": "billsum_train", "title": "To modify the negotiating objectives of the United States for future trade agreements, and for other purposes."} | 2,507 | 670 | 0.636192 | 2.111995 | 0.7879 | 3.731834 | 4.022491 | 0.897924 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) In General.--This Act may be cited as the ``Layoff Prevention
Act of 2017''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Temporary financing of short-time compensation payments in
States with programs in law.
Sec. 3. Temporary financing of short-time compensation agreements.
Sec. 4. Grants for short-time compensation programs.
Sec. 5. Assistance and guidance in implementing programs.
SEC. 2. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION PAYMENTS IN
STATES WITH PROGRAMS IN LAW.
(a) Payments to States.--
(1) In general.--Subject to paragraph (3), there shall be
paid to a State an amount equal to 100 percent of the amount of
short-time compensation paid under a short-time compensation
program (as defined in section 3306(v) of the Internal Revenue
Code of 1986) under the provisions of the State law.
(2) Terms of payments.--Payments made to a State under
paragraph (1) shall be payable by way of reimbursement in such
amounts as the Secretary estimates the State will be entitled
to receive under this section 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.
(3) Limitations on payments.--
(A) General payment limitations.--No payments shall
be made to a State under this section for short-time
compensation paid to an individual by the State during
a benefit year in excess of 26 times the amount of
regular compensation (including dependents' allowances)
under the State law payable to such individual for a
week of total unemployment.
(B) Employer limitations.--No payments shall be
made to a State under this section for benefits paid to
an individual by the State under a short-time
compensation program if such individual is employed by
the participating employer on a seasonal, temporary, or
intermittent basis.
(b) Applicability.--
(1) In general.--Payments to a State under subsection (a)
shall be available for weeks of unemployment--
(A) beginning on or after the date of the enactment
of this Act; and
(B) ending on or before the date that is 5 years
and 6 months after the date of the enactment of this
Act.
(2) Five-year funding limitation for combined payments
under this section and section 3.--States may receive payments
under this section and section 3 with respect to a total of not
more than 260 weeks.
(c) New Programs.--Subject to paragraphs (1)(B) and (2) of
subsection (b), if at any point after the date of the enactment of this
Act the State enacts a State law providing for the payment of short-
time compensation under a short-time compensation program that meets
the definition of such a program under section 3306(v) of the Internal
Revenue Code of 1986, as added by section 2161(a), the State shall be
eligible for payments under this section after the effective date of
such enactment.
(d) Funding and Certifications.--
(1) Funding.--There are appropriated, out of moneys in the
Treasury not otherwise appropriated, such sums as may be
necessary for purposes of carrying out this section.
(2) Certifications.--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 section.
(e) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given
those terms in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
(f) Technical Correction to Definition.--Section 3306(v)(6) of the
Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by striking
``Workforce Investment Act of 1998'' and inserting ``Workforce
Innovation and Opportunity Act''.
SEC. 3. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION AGREEMENTS.
(a) Federal-State Agreements.--
(1) In general.--Any State which desires to do so may enter
into, and participate in, an agreement under this section with
the Secretary provided that such State's law does not provide
for the payment of short-time compensation under a short-time
compensation program (as defined in section 3306(v) of the
Internal Revenue Code of 1986).
(2) Ability to terminate.--Any State which is a party to an
agreement under this section may, upon providing 30 days'
written notice to the Secretary, terminate such agreement.
(b) Provisions of Federal-State Agreement.--
(1) In general.--Any agreement under this section shall
provide that the State agency of the State will make payments
of short-time compensation under a plan approved by the State.
Such plan shall provide that payments are made in accordance
with the requirements under section 3306(v) of the Internal
Revenue Code of 1986.
(2) Limitations on plans.--
(A) General payment limitations.--A short-time
compensation plan approved by a State shall not permit
the payment of short-time compensation to an individual
by the State during a benefit year in excess of 26
times the amount of regular compensation (including
dependents' allowances) under the State law payable to
such individual for a week of total unemployment.
(B) Employer limitations.--A short-time
compensation plan approved by a State shall not provide
payments to an individual if such individual is
employed by the participating employer on a seasonal,
temporary, or intermittent basis.
(3) Employer payment of costs.--Any short-time compensation
plan entered into by an employer must provide that the employer
will pay the State an amount equal to one-half of the amount of
short-time compensation paid under such plan. Such amount shall
be deposited in the State's unemployment fund and shall not be
used for purposes of calculating an employer's contribution
rate under section 3303(a)(1) of the Internal Revenue Code of
1986.
(c) Payments to States.--
(1) In general.--There shall be paid to each State with an
agreement under this section an amount equal to--
(A) one-half of the amount of short-time
compensation paid to individuals by the State pursuant
to such agreement; and
(B) any additional administrative expenses incurred
by the State by reason of such agreement (as determined
by the Secretary).
(2) Terms of payments.--Payments made to a State under
paragraph (1) shall be payable by way of reimbursement in such
amounts as the Secretary estimates the State will be entitled
to receive under this section 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.
(3) Funding.--There are appropriated, out of moneys in the
Treasury not otherwise appropriated, such sums as may be
necessary for purposes of carrying out this section.
(4) Certifications.--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 section.
(d) Applicability.--
(1) In general.--An agreement entered into under this
section shall apply to weeks of unemployment--
(A) beginning on or after the date on which such
agreement is entered into; and
(B) ending on or before the date that is 2 years
and 13 weeks after the date of the enactment of this
Act.
(2) Two-year funding limitation.--States may receive
payments under this section with respect to a total of not more
than 104 weeks.
(e) Special Rule.--If a State has entered into an agreement under
this section and subsequently enacts a State law providing for the
payment of short-time compensation under a short-time compensation
program that meets the definition of such a program under section
3306(v) of the Internal Revenue Code of 1986, the State--
(1) shall not be eligible for payments under this section
for weeks of unemployment beginning after the effective date of
such State law; and
(2) subject to paragraphs (1)(B) and (2) of section 2(b),
shall be eligible to receive payments under section 2 after the
effective date of such State law.
(f) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given
those terms in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 4. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS.
(a) Grants.--
(1) For implementation or improved administration.--The
Secretary shall award grants to States that enact short-time
compensation programs (as defined in subsection (i)(2)) for the
purpose of implementation or improved administration of such
programs.
(2) For promotion and enrollment.--The Secretary shall
award grants to States that are eligible and submit plans for a
grant under paragraph (1) for such States to promote and enroll
employers in short-time compensation programs (as so defined).
(3) Eligibility.--
(A) In general.--The Secretary shall determine
eligibility criteria for the grants under paragraphs
(1) and (2).
(B) Clarification.--A State administering a short-
time compensation program, including a program being
administered by a State that is participating in the
transition under the provisions of sections 301(a)(3)
and 302(c), that does not meet the definition of a
short-time compensation program under section 3306(v)
of the Internal Revenue Code of 1986, and a State with
an agreement under section 3, shall not be eligible to
receive a grant under this section until such time as
the State law of the State provides for payments under
a short-time compensation program that meets such
definition and such law.
(b) Amount of Grants.--
(1) In general.--The maximum amount available for making
grants to a State under paragraphs (1) and (2) shall be equal
to the amount obtained by multiplying $100,000,000 (less the
amount used by the Secretary under subsection (e)) by the same
ratio as would apply under subsection (a)(2)(B) of section 903
of the Social Security Act (42 U.S.C. 1103) for purposes of
determining such State's share of any excess amount (as
described in subsection (a)(1) of such section) that would have
been subject to transfer to State accounts, as of October 1,
2016, under the provisions of subsection (a) of such section.
(2) Amount available for different grants.--Of the maximum
incentive payment determined under paragraph (1) with respect
to a State--
(A) one-third shall be available for a grant under
subsection (a)(1); and
(B) two-thirds shall be available for a grant under
subsection (a)(2).
(c) Grant Application and Disbursal.--
(1) Application.--Any State seeking a grant under paragraph
(1) or (2) of subsection (a) shall submit an application to the
Secretary at such time, in such manner, and complete with such
information as the Secretary may require. In no case may the
Secretary award a grant under this section with respect to an
application that is submitted after December 31, 2020.
(2) Notice.--The Secretary shall, within 30 days after
receiving a complete application, notify the State agency of
the State of the Secretary's findings with respect to the
requirements for a grant under paragraph (1) or (2) (or both)
of subsection (a).
(3) Certification.--If the Secretary finds that the State
law provisions meet the requirements for a grant under
subsection (a), the Secretary shall thereupon make a
certification to that effect to the Secretary of the Treasury,
together with a certification as to the amount of the grant
payment to be transferred to the State account in the
Unemployment Trust Fund (as established in section 904(a) of
the Social Security Act (42 U.S.C. 1104(a))) pursuant to that
finding. The Secretary of the Treasury shall make the
appropriate transfer to the State account within 7 days after
receiving such certification.
(4) Requirement.--No certification of compliance with the
requirements for a grant under paragraph (1) or (2) of
subsection (a) may be made with respect to any State whose--
(A) State law is not otherwise eligible for
certification under section 303 of the Social Security
Act (42 U.S.C. 503) or approvable under section 3304 of
the Internal Revenue Code of 1986; or
(B) short-time compensation program is subject to
discontinuation or is not scheduled to take effect
within 12 months of the certification.
(d) Use of Funds.--The amount of any grant awarded under this
section shall be used for the implementation of short-time compensation
programs and the overall administration of such programs and the
promotion and enrollment efforts associated with such programs, such as
through--
(1) the creation or support of rapid response teams to
advise employers about alternatives to layoffs;
(2) the provision of education or assistance to employers
to enable them to assess the feasibility of participating in
short-time compensation programs; and
(3) the development or enhancement of systems to automate--
(A) the submission and approval of plans; and
(B) the filing and approval of new and ongoing
short-time compensation claims.
(e) Administration.--The Secretary is authorized to use 0.25
percent of the funds available under subsection (g) to provide for
outreach and to share best practices with respect to this section and
short-time compensation programs.
(f) Recoupment.--The Secretary shall establish a process under
which the Secretary shall recoup the amount of any grant awarded under
paragraph (1) or (2) of subsection (a) if the Secretary determines
that, during the 5-year period beginning on the first date that any
such grant is awarded to the State, the State--
(1) terminated the State's short-time compensation program;
or
(2) failed to meet appropriate requirements with respect to
such program (as established by the Secretary).
(g) Funding.--There are appropriated, out of moneys in the Treasury
not otherwise appropriated, to the Secretary, $100,000,000 to carry out
this section, to remain available without fiscal year limitation.
(h) Reporting.--The Secretary may establish reporting requirements
for States receiving a grant under this section in order to provide
oversight of grant funds.
(i) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) Short-time compensation program.--The term ``short-time
compensation program'' has the meaning given such term in
section 3306(v) of the Internal Revenue Code of 1986.
(3) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given
those terms in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 5. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS.
(a) In General.--In order to assist States in establishing,
qualifying, and implementing short-time compensation programs (as
defined in section 3306(v) of the Internal Revenue Code of 1986), the
Secretary of Labor (in this section referred to as the ``Secretary'')
shall--
(1) develop model legislative language which may be used by
States in developing and enacting such programs and
periodically review and revise such model legislative language;
(2) provide technical assistance and guidance in
developing, enacting, and implementing such programs;
(3) establish reporting requirements for States, including
reporting on--
(A) the number of estimated averted layoffs;
(B) the number of participating employers and
workers; and
(C) such other items as the Secretary of Labor
determines are appropriate.
(b) Model Language and Guidance.--The model language and guidance
developed under subsection (a) shall allow sufficient flexibility by
States and participating employers while ensuring accountability and
program integrity.
(c) Consultation.--In developing the model legislative language and
guidance under subsection (a), and in order to meet the requirements of
subsection (b), the Secretary shall consult with employers, labor
organizations, State workforce agencies, and other program experts. | Layoff Prevention Act of 2017 This bill requires each state that has already enacted a short-time compensation program to be paid 100% of the amount of short-time compensation paid under such program. Under a short-time compensation program, an employer may avoid a layoff of one or more employees by reducing the hours of all workers in the employer's workforce. Employees affected by a reduction in hours may receive a partial short-time compensation payment to compensate for lost wages. This is a voluntary and temporary program, beginning upon the enactment of this bill and ending five and one-half years later. The bill imposes certain limitations on payments to states and requires employers to pay their states one-half of the short-time compensation paid under the employer plan. The Department of Labor must: (1) award grants to states that enact short-time compensation programs to implement or improve the administration of such plans, (2) develop model legislative language for states in developing and enacting short-time compensation plans, and (3) provide technical assistance to states and establish reporting requirements for such programs. | {"src": "billsum_train", "title": "Layoff Prevention Act of 2017"} | 3,822 | 231 | 0.580162 | 1.623366 | 0.702691 | 2.75814 | 16.595349 | 0.860465 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reproductive Health Equity Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) abortion is a legal medical service related to
pregnancy and the choice to elect an abortion is a personal,
private right protected by the Constitution;
(2) the Federal Government provides assistance for
pregnancy-related care for substantial numbers of women under a
variety of Federal programs, including the medicaid program,
the Indian health care program, the Federal employees' health
benefits program (FEHBP), the program of health care for
military dependents and retirees (CHAMPUS), the Peace Corps
program, general payments to the District of Columbia, and the
program of medical services to Federal penal and correctional
institutions;
(3) pregnant women who otherwise are provided pregnancy-
related care under these programs have been denied equal access
to health care services due to Congress' severe and unjustified
restrictions on their freedom to choose services that relate to
abortion; and
(4) denial of access to health care services because those
services relate to abortion is unjust and unfair to pregnant
women who are or whose spouses are employed by the Federal
Government or who otherwise are dependent on the Federal
Government for health care and threatens the health and well-
being of themselves and their families.
SEC. 3. MEDICAID PROGRAM.
Section 1902(a)(10) of the Social Security Act (42 U.S.C.
1396a(a)(10)), relating to medical assistance under the medicaid
program, is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by inserting ``and'' at the end of subparagraph (F);
and
(3) by inserting after subparagraph (F) the following new
subparagraph:
``(G) for making medical assistance available with
respect to services related to abortion to the same
extent as such assistance is provided with respect to
other pregnancy-related services;''.
SEC. 4. FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.
Section 8904 of title 5, United States Code, relating to the type
of benefits under the Federal employees health benefits program, is
amended by adding at the end the following new subsection:
``(c) All plans contracted for under this chapter shall include
benefits for services related to abortion to the same extent as for
other pregnancy-related services.''.
SEC. 5. INDIAN HEALTH CARE.
(a) General Authority.--Section 201(b) of the Indian Health Care
Improvement Act (25 U.S.C. 1621(b)), relating to the direct or indirect
patient care program for Indians, is amended by adding at the end the
following new paragraph:
``(3) Funds appropriated under the authority of this section for
each fiscal year are available to provide services related to abortion
to the same extent as such funds are available for other pregnancy-
related services.''.
(b) Conforming Amendment.--Section 806 of the Indian Health Care
Improvement Act (25 U.S.C. 1676) is repealed.
SEC. 6. MILITARY HEALTH CARE.
(a) Members and Former Members.--Section 1074 of title 10, United
States Code, relating to medical and dental care for members and
certain former members of the uniformed services, is amended by adding
at the end the following new subsection:
``(d) Medical care provided under this section shall include
services related to abortion to the same extent as such care includes
other pregnancy-related services.''.
(b) Dependents.--Section 1077(a)(8) of such title, relating to
medical care for dependents of members of the uniformed services, is
amended--
(1) by striking out the comma after ``infant care'' and
inserting in lieu thereof a period;
(2) by striking out ``including'' and inserting in lieu
thereof ``Such care shall include''; and
(3) by inserting before the period at the end the
following: ``and services related to abortion to the same
extent as other pregnancy-related services''.
(c) Conforming Amendment.--Section 1093 of such title is repealed.
SEC. 7. PEACE CORPS.
Section 5(e) of the Peace Corps Act (22 U.S.C. 2504(e)), relating
to health care for Peace Corps volunteers, is amended by inserting
before the period at the end of the first sentence the following: ``,
except that health care provided under this subsection to volunteers
during their service shall include services related to abortion to the
same extent as such care includes other pregnancy-related services''.
SEC. 8. DISTRICT OF COLUMBIA.
Section 503 of the District of Columbia Self-Government and
Governmental Reorganization Act, relating to the authorization of
appropriations of the Federal payment to the District of Columbia, is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Amounts appropriated pursuant to the authorization provided
under this section shall be made available for services related to
abortion to the same extent as such amounts may be made available for
other pregnancy-related services.''.
SEC. 9. FEDERAL PENAL AND CORRECTIONAL INSTITUTIONS.
Section 4005(a) of title 18, United States Code, relating to
medical services to the Federal penal and correctional institution, is
amended by adding at the end the following new sentence:
``Notwithstanding any other provision of law, medical services provided
under this subsection shall include services related to abortion to the
same extent as they include other pregnancy-related services.''. | Reproductive Health Equity Act - Amends title XIX (Medicaid) of the Social Security Act, the Indian Health Care Improvement Act, the Peace Corps Act, the District of Columbia Self-Government and Governmental Reorganization Act, and other Federal laws covering armed forces personnel and dependents, certain veterans, Federal employees' health benefits, and Federal penal and correctional institutions to provide that services related to abortion be made available to the same extent as are other pregnancy-related services under federally-funded programs.
Repeals provisions of the Indian Health Care Improvement Act requiring submission of a resource allocation plan to the Congress by December 17, 1981. | {"src": "billsum_train", "title": "Reproductive Health Equity Act"} | 1,273 | 139 | 0.593562 | 1.746373 | 0.618255 | 2.933333 | 9.625 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Judicial Taxation Act of
1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a variety of effective and appropriate judicial
remedies are available under existing law for the full redress
of legal or constitutional violations;
(2) the imposition, increase, levying, or assessment of
taxes by courts is not necessary or appropriate for the full
and effective exercise of remedies imposed by Federal courts
with appropriate jurisdiction;
(3) the imposition, increase, levying, or assessment of
taxes by judicial order is--
(A) not an appropriate exercise of the judicial
power under the Constitution; and
(B) incompatible with--
(i) the traditional principles of the laws
and Government of the United States; and
(ii) the basic American principle that
taxation without representation is tyrannical
(because Federal courts are composed of
unelected officials who are not answerable to
the popular will);
(4) when a Federal court issues an order that requires or
results in the imposition, increase, levying, or assessment of
any tax, the court--
(A) exceeds the proper boundaries of the limited
jurisdiction and authority of Federal courts under the
Constitution; and
(B) impermissibly intrudes on the legislative
functions of the democratic system of government of the
United States;
(5) no court should enter an order or approve any
settlement--
(A) remedying a legal or constitutional violation
by imposing, creating, increasing, levying, or
assessing any tax; or
(B) that has the effect of imposing, creating,
increasing, levying, or assessing any tax;
(6) a settlement agreement or order entered by a Federal
court should be fashioned within the framework of the budgetary
restraints of any affected State or political subdivision
thereof; and
(7) the Congress has the authority under sections 1 and 2
of Article III of the United States Constitution to limit and
regulate the jurisdiction of the inferior Federal courts, and
such authority includes the power to limit the remedial
authority of such courts.
SEC. 3. LIMITATION ON FEDERAL COURT REMEDIES.
(a) In General.--Chapter 85 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 1369. Limitation on Federal court remedies
``(a)(1) No district court may enter any order or approve any
settlement that requires any State, or political subdivision of a
State, to impose, increase, levy, or assess any tax for the purpose of
enforcing any Federal or State common law, statutory, or constitutional
right or law, unless the court finds by clear and convincing evidence,
that--
``(A)(i) there are no other means available to remedy the
deprivation of rights or laws; and
``(ii) the proposed imposition, increase, levying, or
assessment is narrowly tailored to remedy the specific
deprivation at issue;
``(B) the tax will not contribute to or exacerbate the
deprivation intended to be remedied;
``(C) the proposed tax will not result in a loss of revenue
for the political subdivision in which it is assessed, levied,
or collected;
``(D) the proposed tax will not result in the loss or
depreciation of property values of the taxpayer so affected;
``(E) the proposed tax will not conflict with the
applicable laws with respect to the maximum rate of taxation as
determined by the appropriate State or political subdivision
thereof; and
``(F) plans submitted to the court by State and local
authorities will not effectively redress the deprivations at
issue.
``(2) A finding under paragraph (1) shall--
``(A) be subject to immediate interlocutory de novo review;
and
``(B) be reviewed by the court making the finding at least
annually with respect to the issues related to the finding,
whether or not a related order or settlement agreement
continues to apply.
``(3)(A) Notwithstanding any law or rule of procedure, any
aggrieved corporation, or unincorporated association or other person
residing or present in the political subdivision in which a tax is
imposed in accordance with paragraph (1) or other entity located within
that political subdivision shall have the right to intervene in any
proceeding concerning the imposition of the tax.
``(B) A person or entity that intervenes pursuant to subparagraph
(A) shall have the right to--
``(i) present evidence and appear before the court to
present oral and written testimony; and
``(ii) appeal any finding required to be made by this
section, or any other related action taken to impose, increase,
levy, or assess the tax that is the subject of the
intervention.
``(b) Notwithstanding any law or rule of procedure, any order of a
district court requiring the imposition, increase, levy, or assessment
of a tax imposed pursuant to subsection (a)(1) shall automatically
terminate or expire on the date that is 1 year after the later of--
``(1) the date of the imposition of the tax;
``(2) the date of the enactment of the Fairness in Judicial
Taxation Act of 1996; or
``(3) an earlier date, if the court determines that the
deprivation of rights that is addressed by the order has been
cured to the extent practicable.
``(c) This section may not be construed to preempt any law of a
State or political subdivision thereof that imposes limitations on, or
otherwise restricts the imposition of a tax, levy, or assessment that
is imposed in response to a court order referred to in subsection (b).
``(d)(1) Except as provided in paragraph (2), nothing in this
section may be construed to allow a Federal court to, for the purpose
of funding the administration of an order referred to in subsection
(b), use funds acquired by a State or political subdivision thereof
from a tax imposed by the State or political subdivision thereof.
``(2) Paragraph (1) does not apply to any tax, levy, or assessment
that, before the date of enactment of the Fairness in Judicial Taxation
Act of 1996, has, in accordance with applicable State or local law,
been used to fund the actions of a State or political subdivision
thereof in meeting the requirements of an order referred to in
subsection (b).
``(e) The court shall provide written notification to a State or
political subdivision thereof subject to an order referred to in
subsection (b) with respect to any finding required to be made by the
court under subsection (a) before the beginning of the fiscal year of
that State or political subdivision.
``(f) There shall be a presumption that the imposition, increase,
levying, or assessment of taxes is not a narrowly tailored means of
remedying deprivations of Federal or State rights.
``(h) For purposes of this section--
``(1) the District of Columbia shall be considered to be a
State; and
``(2) any Act of Congress applicable exclusively to the
District of Columbia shall be considered to be a statute of the
District of Columbia.''.
(b) Conforming Amendment.--The chapter analysis for chapter 85 of
title 28, United States Code, is amended by adding after the item
relating to section 1368 the following new item:
``1369. Limitation on Federal court remedies.''.
(c) Statutory Construction.--Nothing contained in this Act and the
amendments made by this Act shall be construed to, beyond the scope of
applicable law, make legal, validate, or approve the use of a judicial
tax, levy, or assessment by a district court. | Fairness in Judicial Taxation Act of 1996 - Amends the Federal judicial code to set limits on the authority of Federal courts to enter an order or approve a settlement that requires any State or political subdivision to impose, increase, levy, or assess any tax.
Sets forth provisions regarding: (1) judicial review; (2) a right of certain aggrieved, persons, corporations, or unincorporated associations to intervene in proceedings concerning imposition of a tax; (3) termination of any tax so imposed, increased, levied, or assessed automatically after one year or at any time if the court determines that the deprivation of rights has been cured to the extent practicable; (4) preemption; and (5) State and local governmental rights. | {"src": "billsum_train", "title": "Fairness in Judicial Taxation Act of 1996"} | 1,731 | 170 | 0.574176 | 1.751066 | 0.854899 | 3.144828 | 11.255172 | 0.855172 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Medications for Moms and Babies
Act of 2016''.
SEC. 2. TASK FORCE ON RESEARCH SPECIFIC TO PREGNANT WOMEN AND LACTATING
WOMEN.
(a) Task Force.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Health and Human
Services (in this section referred to as the ``Secretary'')
shall establish a task force, in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.), to be known as the Task
Force on Research Specific to Pregnant Women and Lactating
Women (in this section referred to as the ``Task Force'').
(2) Duties.--The Task Force shall provide advice and
guidance to the Secretary regarding Federal activities related
to identifying and addressing gaps in knowledge and research
regarding safe and effective therapies for pregnant women and
lactating women, including the development of such therapies
and the collaboration on and coordination of such activities.
(3) Membership.--
(A) Federal members.--The Federal members of the
Task Force shall be composed of the following members
(or their designees):
(i) The Director of the Centers for Disease
Control and Prevention.
(ii) The Director of the National
Institutes of Health, the Director of the
Eunice Kennedy Shriver National Institute of
Child Health and Human Development, and the
directors of such other national research
institutes as the Secretary determines
appropriate.
(iii) The Commissioner of Food and Drugs.
(iv) The Director of the Office on Women's
Health.
(v) The Director of the National Vaccine
Program Office.
(vi) The head of any other research-related
agency or department not described in clauses
(i) through (v) that the Secretary determines
appropriate, which may include the Department
of Veterans Affairs and the Department of
Defense.
(B) Non-federal members.--The non-Federal members
of the Task Force shall be composed of the following
members:
(i) Representatives from relevant medical
societies with subject matter expertise on
pregnant women, lactating women, or children.
(ii) Nonprofit organizations with expertise
related to the health of women and children.
(iii) Relevant industry representatives.
(iv) Representatives of patient or consumer
advocacy organizations.
(v) Other representatives, as appropriate.
(C) Limitations.--The non-Federal members described
in subparagraph (B) shall--
(i) compose not more than one-half, and not
less than one-third, of the total membership of
the Task Force; and
(ii) be appointed by the Secretary.
(4) Termination.--
(A) In general.--Subject to subparagraph (B), the
Task Force shall terminate on the date that is 2 years
after the date on which the Task Force is established
under paragraph (1).
(B) Extension.--The Secretary may extend the
operation of the Task Force for one additional 2-year
period following the 2-year period described in
subparagraph (A), if the Secretary determines that the
extension is appropriate for carrying out the purpose
of this section.
(5) Meetings.--The Task Force shall meet not less than 2
times each year and shall convene public meetings, as
appropriate, to fulfill its duties under paragraph (2).
(6) Task force report to congress.--Not later than 18
months after the date on which the Task Force is established
under paragraph (1), and not later than 36 and 48 months after
such date if the Secretary extends the operation of the Task
Force pursuant to paragraph (4)(B), the Task Force shall
prepare and submit to the Secretary, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee
on Energy and Commerce of the House of Representatives a report
on gaps in knowledge and research regarding safe and effective
therapies for pregnant women and lactating women. Each such
report shall, at a minimum, include each of the following:
(A) A plan to identify and address gaps in
knowledge and research regarding safe and effective
therapies for pregnant women and lactating women,
including the development of such therapies.
(B) Ethical issues surrounding the inclusion of
pregnant women and lactating women in clinical
research.
(C) Effective communication strategies with health
care providers and the public on information relevant
to pregnant women and lactating women.
(D) Identification of Federal activities,
including--
(i) the state of research involving
pregnant and lactating women;
(ii) recommendations for the coordination
of, and collaboration on, research related to
pregnant women and lactating women;
(iii) dissemination of research findings
and information relevant to pregnant women and
lactating women to providers and the public;
and
(iv) existing Federal efforts and programs
to improve the scientific understanding of the
health impacts of therapies on pregnant women
and lactating women and related birth and
pediatric outcomes, including with respect to
pharmacokinetics, pharmacodynamics, and
toxicities.
(E) Recommendations to improve the development of
safe and effective therapies for pregnant women and
lactating women.
(b) Confidentiality.--Nothing in this section authorizes the
Secretary to disclose any information that is a trade secret, or other
privileged or confidential information, described in section 552(b)(4)
of title 5, United States Code, or section 1905 of title 18, United
States Code.
(c) Updating Protections for Pregnant Women and Lactating Women in
Research.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and not later than 3 and 4 years after
such date if the Secretary extends the operation of the Task
Force pursuant to subsection (a)(4)(B), the Secretary, taking
into consideration any recommendations of the Task Force
available at such time and in consultation with the heads of
relevant agencies of the Department of Health and Human
Services, shall, as appropriate, update regulations and
guidance, as applicable, regarding the inclusion of pregnant
women and lactating women in clinical research.
(2) Criteria for excluding pregnant or lactating women.--In
updating any regulations or guidance described in paragraph
(1), the Secretary shall consider any appropriate criteria to
be used by institutional review boards and individuals
reviewing grant proposals for excluding from participating in
human subject research pregnant women or lactating women as a
study population requiring additional protections.
SEC. 3. ANNUAL REPORT FROM FDA ON APPROVED NEW DRUG APPLICATIONS WITH
INFORMATION ON PREGNANCY AND LACTATION.
Not later than 1 year after the date of enactment of this Act, and
not less than annually for the succeeding 9 years, the Commissioner of
Food and Drugs shall submit to the appropriate committees of the
Congress a report on--
(1) the number of new drug applications and supplements to
such applications approved or licensed by the Food and Drug
Administration under section 505(c) of the Federal Food, Drug,
and Cosmetic Act or section 351(a) of the Public Health
Services Act (42 U.S.C. 262(a)) based on research that included
pregnant women or lactating women in trials;
(2) the number of new drug applications and supplements to
such applications so approved or licensed that included data on
the excretion of the drug in breast milk;
(3) the number of new drug applications and supplements to
such applications so approved or licensed with required
postmarket studies in pregnant or breastfeeding women; and
(4) the number of drugs with respect to which a labeling
change is made to include new information regarding use in
pregnant or breastfeeding women. | Safe Medications for Moms and Babies Act of 2016 This bill requires the Department of Health and Human Services to establish the Task Force on Research Specific to Pregnant Women and Lactating Women to report on issues including: (1) the development of safe and effective therapies for such women, (2) ethical issues surrounding the inclusion of such women in clinical research, and (3) federal research activities regarding such women. The Food and Drug Administration must report specified information including the number of new drugs approved based on research that included such women in clinical trials. | {"src": "billsum_train", "title": "Safe Medications for Moms and Babies Act of 2016"} | 1,682 | 111 | 0.590252 | 1.625212 | 0.622223 | 3.509434 | 14.783019 | 0.962264 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Open and
Accountable Campaign Financing Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DISCLOSURE
Sec. 101. Additional monthly and quarterly disclosure reports.
Sec. 102. Reporting by national political party committees.
Sec. 103. Increased electronic disclosure.
Sec. 104. Public access to broadcasting records.
TITLE II--SOFT MONEY OF NATIONAL POLITICAL PARTIES AND CONTRIBUTION
LIMITS
Sec. 201. Limit on soft money of national political party committees.
Sec. 202. Judicial review.
Sec. 203. Increase in contribution limits.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Prohibition of solicitation of political party soft money in
Federal buildings.
Sec. 302. Update of penalty amounts.
Sec. 303. Activities of membership organizations and their affiliates.
Sec. 304. Filing of Senate reports with the Federal Election
Commission.
TITLE I--DISCLOSURE
SEC. 101. ADDITIONAL MONTHLY AND QUARTERLY DISCLOSURE REPORTS.
(a) Principal Campaign Committees.--
(1) Monthly reports.--Section 304(a)(2)(A) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)) is
amended by striking clause (iii) and inserting the following:
``(iii) additional monthly reports, which shall be
filed not later than the 20th day after the last day of
the month and shall be complete as of the last day of
the month, except that monthly reports shall not be
required under this clause in November and December and
a year end report shall be filed not later than January
31 of the following calendar year.''.
(2) Quarterly reports.--Section 304(a)(2)(B) of such Act is
amended by striking ``the following reports'' and all that
follows through the period and inserting ``the treasurer shall
file quarterly reports, which shall be filed not later than the
15th day after the last day of each calendar quarter, and which
shall be complete as of the last day of each calendar quarter,
except that the report for the quarter ending December 31 shall
be filed not later than January 31 of the following calendar
year.''.
(b) National Committee of a Political Party.--Section 304(a)(4) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(4)) is
amended by adding at the end the following flush sentence:
``Notwithstanding the preceding sentence, a national committee of a
political party shall file the reports required under subparagraph
(B).''.
(c) Conforming Amendments.--
(1) Section 304.--Section 304(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)) is amended--
(A) in paragraph (3)(A)(ii), by striking
``quarterly reports'' and inserting ``monthly
reports''; and
(B) in paragraph (8), by striking ``quarterly
report under paragraph (2)(A)(iii) or paragraph
(4)(A)(i)'' and inserting ``monthly report under
paragraph (2)(A)(iii) or paragraph (4)(A)''.
(2) Section 309.--Section 309(b) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 437g(b)) is amended by striking
``calendar quarter'' and inserting ``month''.
SEC. 102. REPORTING BY NATIONAL POLITICAL PARTY COMMITTEES.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434) is amended by adding at the end the following:
``(e) Political Committees.--
``(1) National and congressional political committees.--The
national committee of a political party, any national
congressional campaign committee of a political party, and any
subordinate committee of either, shall report all receipts and
disbursements during the reporting period.
``(2) Itemization.--If a political committee has receipts
or disbursements to which this subsection applies from any
person aggregating in excess of $200 for any calendar year, the
political committee shall separately itemize its reporting for
such person in the same manner as required in paragraphs
(3)(A), (5), and (6) of subsection (b).
``(3) Reporting periods.--Reports required to be filed
under this subsection shall be filed for the same time periods
required for political committees under subsection
(a)(4)(B).''.
SEC. 103. INCREASED ELECTRONIC DISCLOSURE.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434), as amended by section 102, is amended by adding at the end the
following:
``(f) Internet Availability.--The Commission shall make the
information contained in the reports submitted under this section
available on the Internet and publicly available at the offices of the
Commission as soon as practicable (but in no case later than 24 hours)
after the information is received by the Commission.''.
SEC. 104. PUBLIC ACCESS TO BROADCASTING RECORDS.
Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is
amended by redesignating subsections (c) and (d) as subsections (d) and
(e), respectively, and inserting after subsection (b) the following:
``(c) Political Record.--
``(1) In general.--A licensee shall maintain, and make
available for public inspection, a complete record of a request
to purchase broadcast time that--
``(A) is made by or on behalf of a legally
qualified candidate for public office; or
``(B) communicates a message relating to any
political matter of national importance, including--
``(i) a legally qualified candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of
public importance.
``(2) Contents of record.--A record maintained under
paragraph (1) shall contain information regarding--
``(A) whether the request to purchase broadcast
time is accepted or rejected by the licensee;
``(B) the rate charged for the broadcast time;
``(C) the date and time on which the communication
is aired;
``(D) the class of time that is purchased;
``(E) the name of the candidate to which the
communication refers and the office to which the
candidate is seeking election, the election to which
the communication refers, or the issue to which the
communication refers (as applicable);
``(F) in the case of a request made by, or on
behalf of, a candidate, the name of the candidate, the
authorized committee of the candidate, and the
treasurer of such committee; and
``(G) in the case of any other request, the name of
the person purchasing the time, the name, address, and
phone number of a contact person for such person, and a
list of the chief executive officers or members of the
executive committee or of the board of directors of
such person.
``(3) Time to maintain file.--The information required
under this subsection shall be placed in a political file as
soon as possible and shall be retained by the licensee for a
period of not less than 2 years.''.
TITLE II--SOFT MONEY OF NATIONAL POLITICAL PARTIES AND CONTRIBUTION
LIMITS
SEC. 201. LIMIT ON SOFT MONEY OF NATIONAL POLITICAL PARTY COMMITTEES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following:
``SEC. 323. LIMIT ON SOFT MONEY OF NATIONAL POLITICAL PARTY COMMITTEES.
``(a) Limitation.--A national committee of a political party, a
congressional campaign committee of a national party, or an entity
directly or indirectly established, financed, maintained, or controlled
by such committee shall not accept a donation, gift, or transfer of
funds of any kind (not including transfers from other committees of the
political party or contributions), during a calendar year, from a
person (including a person directly or indirectly established,
financed, maintained, or controlled by such person) in an aggregate
amount in excess of $90,000.
``(b) Aggregate Limit on Donor.--No person may make an aggregate
amount of disbursements to committees or entities described in
subsection (a) (other than transfers from other committees of political
parties or contributions) in excess of $90,000 in any calendar year.
``(c) Index of Amount.--In the case of any calendar year after
2001--
``(1) the amounts described in subsections (a) and (b)
shall be increased based on the increase in the price index
determined under section 315(c), except that the base period
shall be calendar year 2001; and
``(2) each amount so increased shall be the amount in
effect for the calendar year.''.
SEC. 202. JUDICIAL REVIEW.
(a) Expedited Review.--Any Member of Congress, candidate, national
committee of a political party, or any person adversely affected by
section 323 of the Federal Election Campaign Act of 1971, as added by
section 201, may bring an action, in the United States District Court
for the District of Columbia, for declaratory judgment and injunctive
relief on the ground that such section 323 violates the Constitution.
(b) Appeal to Supreme Court.--Notwithstanding any other provision
of law, any order of the United States District Court for the District
of Columbia granting or denying an injunction regarding, or finally
disposing of, an action brought under subsection (a) shall be
reviewable by appeal directly to the Supreme Court of the United
States. Any such appeal shall be taken by a notice of appeal filed
within 10 calendar days after such order is entered; and the
jurisdictional statement shall be filed within 30 calendar days after
such order is entered.
(c) Expedited Consideration.--It shall be the duty of the District
Court for the District of Columbia and the Supreme Court of the United
States to advance on the docket and to expedite to the greatest
possible extent the disposition of any matter brought under subsection
(a).
(d) Enforceability.--The enforcement of any provision of section
323 of the Federal Election Campaign Act of 1971, as added by section
201, shall be stayed, and such section 323 shall not be effective, for
the period--
(1) beginning on the date of the filing of an action under
subsection (a); and
(2) ending on the date of the final disposition of such
action on its merits by the Supreme Court of the United States.
(e) Applicability.--This section shall apply only with respect to
any action filed under subsection (a) not later than 30 days after the
effective date of this Act.
SEC. 203. INCREASE IN CONTRIBUTION LIMITS.
(a) Increase in Individual and Political Committee Contribution
Limits.--Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``$1,000'' and
inserting ``$3,000'';
(B) in subparagraph (B), by striking ``$20,000''
and inserting ``$60,000''; and
(C) in subparagraph (C), by striking ``$5,000'' and
inserting ``$15,000''; and
(2) in paragraph (3)--
(A) by striking ``$25,000'' and inserting
``$75,000''; and
(B) by striking the second sentence.
(b) Increase in Multicandidate Limits.--Section 315(a)(2) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``$5,000'' and inserting
``$7,500''; and
(B) by inserting ``except as provided in
subparagraph (D),'' before ``to any candidate'';
(2) in subparagraph (B)--
(A) by striking ``$15,000'' and inserting
``$30,000''; and
(B) by striking ``or'' at the end;
(3) in subparagraph (C), by striking ``$5,000.'' and
inserting ``$7,500; or''; and
(4) by adding at the end the following:
``(D) in the case of a national committee of a political
party, to any candidate and his authorized political committees
with respect to any election for Federal office which, in the
aggregate, exceed $15,000.''.
(c) Indexing.--Section 315(c) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(c)) is amended--
(1) in paragraph (1)--
(A) by striking the second and third sentences;
(B) by inserting ``(A)'' before ``At the
beginning''; and
(C) by adding at the end the following:
``(B) Except as provided in subparagraph (C), in any calendar year
after 2002--
``(i) a limitation established by subsection (a), (b), (d),
or (h) shall be increased by the percent difference determined
under subparagraph (A); and
``(ii) each amount so increased shall remain in effect for
the calendar year.
``(C) In the case of limitations under subsection (a), each amount
increased under subparagraph (B) shall remain in effect for the 2-year
period beginning on the first day following the date of the last
general election in the year preceding the year in which the amount is
increased and ending on the date of the next general election.''; and
(2) in paragraph (2)(B), by striking ``means the calendar
year 1974'' and inserting ``means--
``(i) for purposes of subsections (b) and (d),
calendar year 1974; and
``(ii) for purposes of subsections (a) and (h),
calendar year 2001''.
(d) Increase in Senate Candidate Contribution Limits for National
Party Committees and Senatorial Campaign Committees.--Section 315(h) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(h)) is amended
by striking ``$17,500'' and inserting ``$90,000''.
(e) Effective Dates.--
(1) Except as provided in paragraph (2), the amendments
made by this section shall apply to calendar years beginning
after December 31, 2001.
(2) The amendments made by subsection (c) shall apply to
calendar years after December 31, 2002.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. PROHIBITION OF SOLICITATION OF POLITICAL PARTY SOFT MONEY IN
FEDERAL BUILDINGS.
(a) In General.--Section 607 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``within the meaning of
section 301(8) of the Federal Election Campaign Act of 1971'';
and
(2) by adding at the end the following:
``(c) Definition of Contribution.--In this section, the term
`contribution' means a gift, subscription, loan, advance, or deposit of
money or anything of value made by any person in connection with--
``(1) any election or elections for Federal office;
``(2) any political committee (as defined in section 301 of
the Federal Election Campaign Act of 1971); or
``(3) any State, district, or local committee of a
political party.''.
(b) Amendment of Title 18 To Include Prohibition of Donations.--
Section 602(a)(4) of title 18, United States Code, is amended by
striking ``within the meaning of section 301(8) of the Federal Election
Campaign Act of 1971'' and inserting ``(as defined in section
607(c))''.
SEC. 302. UPDATE OF PENALTY AMOUNTS.
Section 309 of the Federal Election Campaign Act of 1971 (2 U.S.C.
437g) is amended by adding at the end the following:
``(e) Adjustment of Dollar Amounts for Inflation.--In the case of
any calendar year after 2001--
``(1) each amount specified under subsection (a) or the
second sentence of subsection (d)(1)(A) shall be increased
based on the increase in the price index determined under
section 315(c), except that the base period shall be calendar
year 2001; and
``(2) each amount so increased shall be the amount in
effect for the calendar year.''.
SEC. 303. ACTIVITIES OF MEMBERSHIP ORGANIZATIONS AND THEIR AFFILIATES.
(a) Permitting Corporate Members of Trade Association to Approve
Solicitations by More Than One Trade Association.--Section 316(b)(4)(D)
of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(4)(D))
is amended by striking ``, and such member corporation'' and all that
follows and inserting a period.
(b) Treatment of Certain Employees and Others as Executive and
Administrative Personnel.--Section 316(b)(7) of such Act (2 U.S.C.
441b(b)(7)) is amended by striking ``responsibilities.'' and inserting
the following: ``responsibilities (without regard to whether the
individual is a member or affiliate of a labor organization), and
includes salaried foremen or others having direct supervision over
employees paid on an hourly basis, and any individuals with
professional responsibilities who are paid by the corporation as
consultants or independent contractors (without regard to whether such
individuals are classified as employees of the corporation for any
other purpose).''.
SEC. 304. FILING OF SENATE REPORTS WITH THE FEDERAL ELECTION
COMMISSION.
(a) Section 302 Amendment.--Section 302 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 432) is amended by striking subsection
(g) and inserting the following:
``(g) Place of Filing.--All designations, statements, and reports
required to be filed under this Act shall be filed with the
Commission.''.
(b) Conforming Amendments.--Title III of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended--
(1) in section 304--
(A) in subsection (a)(6)(A), by striking
``Secretary or the Commission'' through ``as
appropriate'' and inserting ``Commission and Secretary
of State'',
(B) in the third sentence of subsection (c)(2), by
striking ``the Secretary or'', and
(C) in the fourth sentence of subsection (c)(2), by
striking ``the Secretary, the Commission,'' and
inserting ``the Commission''; and
(2) in section 311(a)(4), by striking ``Secretary or the''. | Open and Accountable Campaign Financing Act of 2001 - Amends the Federal Election Campaign Act of 1971 (FECA) to revise reporting requirements, including: (1) changing from quarterly to monthly the additional reports required to be filed with regard to the principal campaign committee of a candidate for the House of Representatives or the Senate in any calendar year during which there is a regularly scheduled election for which such candidate is seeking nomination or election; (2) requiring a national committee of a political party to file the same monthly reports designated for all political committees other than authorized committees of a candidate; (3) requiring the national committee of a political party, any national congressional campaign committee of a political party, and any subordinate committee of either, to report all receipts and disbursements during the appropriate reporting period; and (4) directing the Federal Election Commission (FEC) to make report information available on the Internet and at FEC offices.Amends the Communications Act of 1934 to require a licensee to maintain and make available for public inspection a complete record of certain requests to purchase broadcast time that are related to legally qualified candidates.Amends FECA to: (1) limit to $90,000 aggregate (indexed for inflation) per calendar year per contributor the amount of soft money a national committee of a political party, a congressional campaign committee of a national party, or an entity directly or indirectly established, financed, maintained, or controlled by such committee may accept; (2) prohibit any person from making an aggregate amount of disbursements to such committees or entities (other than transfers from other committees of political parties or contributions) in excess of $90,000 (indexed for inflation) in any calendar year; (3) increase individual, political committee, and multicandidate political committee contribution limits; (4) revise indexing provisions; and (5) increase Senate candidate contribution limits for national party committees and senatorial campaign committees.Amends the Federal criminal code to prohibit solicitation of soft money in any room or building occupied in the discharge of official duties by an officer or employee of the United States or any department or agency thereof, or by a person receiving any salary or compensation for service from the Treasury.Amends FECA to: (1) provide for indexing of penalty amounts; (2) permit corporate members of trade associations to approve the soliciting of contributions by more than one such trade association in any calendar year; and (3) require the filing of all Senate FECA reports to be with the FEC. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to provide meaningful campaign finance reform through requiring better reporting, decreasing the role of soft money, and increasing individual contribution limits, and for other purposes."} | 4,508 | 534 | 0.582704 | 1.877155 | 0.652093 | 3.238494 | 8.112971 | 0.866109 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Post-Abortion Depression Research
and Care Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) About 3,000,000 women per year in the United States
have an unplanned or unwanted pregnancy, and approximately
1,186,000 of these pregnancies end in elective abortion.
(2) Abortion can have severe and long-term effects on the
mental and emotional well-being of women. Women often
experience sadness and guilt following abortions with no one to
console them. They may have difficulty in bonding with new
babies, become overprotective parents or develop problems in
their relationship with their spouses. Problems such as eating
disorders, depression and suicide attempts have also been
traced to past abortions.
(3) The symptoms of post-abortion depression include bouts
of crying, guilt, intense grief or sadness, emotional numbness,
eating disorders, drug and alcohol abuse, suicidal urges,
anxiety and panic attacks, anger/rage, sexual problems or
promiscuity, lowered self esteem, nightmares and sleep
disturbance, flashbacks, and difficulty with relationships.
(4) Women who aborted a first pregnancy are four times more
likely to report substance abuse compared to those who suffered
a natural loss of their first pregnancy, and they are five
times more likely to report subsequent substance abuse than
women who carried to term.
(5) Greater thought suppression is associated with
experiencing more intrusive thoughts of the abortion. Both
suppression and intrusive thoughts, in turn, are positively
related to increases in psychological distress over time.
(6) Women who experience decision-making difficulties and
may lack social support may experience more negative emotional
consequences to induced abortion.
(7) Post-abortion depression often relates to the lack of
understanding in society and the medical community of the
complexity of post-abortion depression, and economic pressures
placed on hospitals and providers are contributing factors.
(8) Social pressure to have an abortion can be directly
related to higher levels of immediate regret and more mental
undoing over subsequent years.
(9) Post-abortion depression is a treatable disorder if
promptly diagnosed by a trained provider and attended to with a
personalized regimen of care including social support, therapy,
medication, and when necessary hospitalization.
(10) While there have been many studies regarding the
emotional aftermath of abortion, very little research has been
sponsored by the National Institutes of Health.
TITLE I--RESEARCH ON POST-ABORTION DEPRESSION AND PSYCHOSIS
SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF NATIONAL
INSTITUTE OF MENTAL HEALTH.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of NIH and the Director of the National Institute
of Mental Health (in this section referred to as the ``Institute''),
shall expand and intensify research and related activities of the
Institute with respect to post-abortion depression and post-abortion
psychosis (in this section referred to as ``post-abortion
conditions'').
(b) Coordination With Other Institutes.--The Director of the
Institute shall coordinate the activities of the Director under
subsection (a) with similar activities conducted by the other national
research institutes and agencies of the National Institutes of Health
to the extent that such Institutes and agencies have responsibilities
that are related to post-abortion conditions.
(c) Programs for Post-Abortion Conditions.--In carrying out
subsection (a), the Director of the Institute shall conduct or support
research to expand the understanding of the causes of, and to find a
cure for, post-abortion conditions. Activities under such subsection
shall include conducting and supporting the following:
(1) Basic research concerning the etiology and causes of
the conditions.
(2) Epidemiological studies to address the frequency and
natural history of the conditions and the differences among
racial and ethnic groups with respect to the conditions.
(3) The development of improved diagnostic techniques.
(4) Clinical research for the development and evaluation of
new treatments, including new biological agents.
(5) Information and education programs for health care
professionals and the public.
(d) Longitudinal Study.--
(1) In general.--The Director of the Institute shall
conduct a national longitudinal study to determine the
incidence and prevalence of cases of post-abortion conditions,
and the symptoms, severity, and duration of such cases, toward
the goal of more fully identifying the characteristics of such
cases and developing diagnostic techniques.
(2) Report.--Beginning not later than 3 years after the
date of the enactment of this Act, and periodically thereafter
for the duration of the study under paragraph (1), the Director
of the Institute shall prepare and submit to the Congress
reports on the findings of the study.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $3,000,000 for
each of the fiscal years 2002 through 2006.
TITLE II--DELIVERY OF SERVICES REGARDING POST-ABORTION DEPRESSION AND
PSYCHOSIS
SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS.
(a) In General.--The Secretary of Health and Human Services (in
this title referred to as the ``Secretary'') shall in accordance with
this title make grants to provide for projects for the establishment,
operation, and coordination of effective and cost-efficient systems for
the delivery of essential services to individuals with post-abortion
depression or post-abortion psychosis (referred to in this section as a
``post-abortion condition) and their families.
(b) Recipients of Grants.--A grant under subsection (a) may be made
to an entity only if the entity--
(1) is a public or nonprofit private entity, which may
include a State or local government; a public or nonprofit
private hospital, community-based organization, hospice,
ambulatory care facility, community health center, migrant
health center, or homeless health center; or other appropriate
public or nonprofit private entity; and
(2) had experience in providing the services described in
subsection (a) before the date of the enactment of this Act.
(c) Certain Activities.--To the extent practicable and appropriate,
the Secretary shall ensure that projects under subsection (a) provide
services for the diagnosis and management of post-abortion conditions.
Activities that the Secretary may authorize for such projects may also
include the following:
(1) Delivering or enhancing outpatient and home-based
health and support services, including case management,
screening and comprehensive treatment services for individuals
with or at risk for post-abortion conditions; and delivering or
enhancing support services for their families.
(2) Delivering or enhancing inpatient care management
services that ensure the well being of the mother and family
and the future development of the infant.
(3) Improving the quality, availability, and organization
of health care and support services (including transportation
services, attendant care, homemaker services, day or respite
care, and providing counseling on financial assistance and
insurance) for individuals with post-abortion conditions and
support services for their families.
(d) Integration With Other Programs.--To the extent practicable and
appropriate, the Secretary shall integrate the program under this title
with other grant programs carried out by the Secretary, including the
program under section 330 of the Public Health Service Act.
(e) Limitation on Amount of Grants.--A grant under subsection (a)
may not for any fiscal year be made in an amount exceeding $100,000.
SEC. 202. CERTAIN REQUIREMENTS.
A grant may be made under section 201 only if the applicant
involved makes the following agreements:
(1) Not more than 5 percent of the grant will be used for
administration, accounting, reporting, and program oversight
functions.
(2) The grant will be used to supplement and not supplant
funds from other sources related to the treatment of post-
abortion conditions.
(3) The applicant will abide by any limitations deemed
appropriate by the Secretary on any charges to individuals
receiving services pursuant to the grant. As deemed appropriate
by the Secretary, such limitations on charges may vary based on
the financial circumstances of the individual receiving
services.
(4) The grant will not be expended to make payment for
services authorized under section 201(a) to the extent that
payment has been made, or can reasonably be expected to be
made, with respect to such services--
(A) under any State compensation program, under an
insurance policy, or under any Federal or State health
benefits program; or
(B) by an entity that provides health services on a
prepaid basis.
(5) The applicant will, at each site at which the applicant
provides services under section 201(a), post a conspicuous
notice informing individuals who receive the services of any
Federal policies that apply to the applicant with respect to
the imposition of charges on such individuals.
SEC. 203. TECHNICAL ASSISTANCE.
The Secretary may provide technical assistance to assist entities
in complying with the requirements of this title in order to make such
entities eligible to receive grants under section 201.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this title, there is authorized to
be appropriated $300,000 for each of the fiscal years 2002 through
2006. | Post-Abortion Depression Research and Care Act - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health and the Director of the National Institute of Mental Health, to expand and intensify research and related activities of the Institute with respect to post-abortion depression and post-abortion psychosis.Requires the Director of the National Institute of Mental Health to: (1) conduct or support research to expand the understanding of the causes of, and to find a cure for, post-abortion conditions; and (2) conduct a national longitudinal study to determine the incidence and prevalence of cases of post-abortion conditions, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques.Requires the Secretary to make grants of up to $100,000 per fiscal year, under specified conditions, to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with post-abortion depression or post-abortion psychosis. | {"src": "billsum_train", "title": "To provide for research on, and services for individuals with, post-abortion depression and psychosis."} | 2,041 | 241 | 0.470069 | 1.541321 | 0.602302 | 7.589623 | 8.990566 | 0.976415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Infant Mortality And Recidivism
Reduction Act of 2016'' or the ``SIMARRA Act''.
SEC. 2. ESTABLISHMENT.
Not later than 270 days after the date of the enactment of this
Act, the Director of the Federal Bureau of Prisons (hereinafter
referred to as the ``Director'') shall establish a pilot program
(hereinafter referred to as the ``Program'') in accordance with this
Act to permit women incarcerated in Federal prisons and the children
born to such women during incarceration to reside together while the
inmate serves a term of imprisonment in a separate housing wing of the
prison.
SEC. 3. PURPOSES.
The purposes of the Act are to--
(1) prevent infant mortality among infants born to
incarcerated mothers and greatly reduce the trauma and stress
experienced by the unborn fetuses of pregnant inmates;
(2) reduce the recidivism rates of federally incarcerated
women and mothers, and enhance public safety by improving the
effectiveness of the Federal prison system for women as a
population with special needs;
(3) establish female offender risk and needs assessment as
the cornerstones of a more effective and efficient Federal
prison system;
(4) implement a validated post-sentencing risk and needs
assessment system that relies on dynamic risk factors to
provide Federal prison officials with a roadmap to address the
pre- and post-natal needs of Federal pregnant offenders, manage
limited resources, and enhance public safety;
(5) perform regular outcome evaluations of the
effectiveness of programs and interventions for federally
incarcerated pregnant women and mothers to assure that such
programs and interventions are evidence-based and to suggest
changes, deletions, and expansions based on the results of such
evaluations; and
(6) assist the Department of Justice to address the
underlying cost structure of the Federal prison system and
ensure that the Department can continue to run prison nurseries
safely and securely without compromising the scope or quality
of the Department's critical health, safety and law enforcement
missions.
SEC. 4. DUTIES OF THE DIRECTOR OF FEDERAL BUREAU OF PRISONS.
(a) In General.--The Director shall carry out this section in
consultation with--
(1) a licensed and board-certified gynecologist or
obstetrician;
(2) the Director of the Administrative Office of the United
States Courts;
(3) the Director of the Office of Probation and Pretrial
Services;
(4) the Director of the National Institute of Justice; and
(5) the Director of the U.S. Department of Health & Human
Services.
(b) Duties.--The Director shall, in accordance with subsection
(c)--
(1) develop an offender risk and needs assessment system
particular to the health and sensitivities of federally
incarcerated pregnant women and mothers in accordance with this
section;
(2) develop recommendations regarding recidivism reduction
programs and productive activities in accordance with section
9;
(3) conduct ongoing research and data analysis on--
(A) the best practices relating to the use of
offender risk and needs assessment tools particular to
the health and sensitivities of federally incarcerated
pregnant women and mothers;
(B) the best available risk and needs assessment
tools particular to the health and sensitivities of
federally incarcerated pregnant women and mothers and
the level to which they rely on dynamic risk factors
that could be addressed and changed over time, and on
measures of risk of recidivism, individual needs, and
responsivity to recidivism reduction programs;
(C) the most effective and efficient uses of such
tools in conjunction with recidivism reduction
programs, productive activities, incentives, and
rewards; and
(D) which recidivism reduction programs are the
most effective--
(i) for federally incarcerated pregnant
women and mothers classified at different
recidivism risk levels; and
(ii) for addressing the specific needs of
federally incarcerated pregnant women and
mothers;
(4) on a biennial basis, review the system developed under
paragraph (1) and the recommendations developed under paragraph
(2), using the research conducted under paragraph (3), to
determine whether any revisions or updates should be made, and
if so, make such revisions or updates;
(5) hold periodic meetings with the individuals listed in
subsection (a) at intervals to be determined by the Director;
and
(6) report to Congress in accordance with section 9.
(c) Methods.--In carrying out the duties under subsection (b), the
Director shall--
(1) consult relevant stakeholders; and
(2) make decisions using data that is based on the best
available statistical and empirical evidence.
SEC. 5. ELIGIBILITY.
An inmate may apply to participate in the Program if the inmate--
(1) is pregnant at the beginning of the term of
imprisonment; and
(2) is in the custody or control of the Federal Bureau of
Prisons.
SEC. 6. PROGRAM TERMS.
(a) Term of Participation.--To correspond with the purposes and
goals of the program to promote bonding during the critical stages of
child development, an eligible inmate selected for the Program may
participate in the Program, subject to section 7, for the shorter of
the inmate's term of imprisonment or 30 months.
(b) Inmate Requirements.--For the duration of an inmate's
participation in the Program, the inmate shall agree to--
(1) accept the responsibility of child-rearing;
(2) participate in any educational or counseling
opportunities established by the Director, including topics
such as child development, parenting skills, domestic violence,
vocational training, or substance abuse;
(3) abide by any court decision regarding the legal or
physical custody of the child;
(4) transfer to the Federal Bureau of Prisons any child
support payments for the infant of the participating inmate
from any person or governmental entity; and
(5) specify a person who has agreed to take custody of the
child if the inmate's participation in the Program terminates
before the inmate's release.
SEC. 7. TERMINATION OF PARTICIPATION.
An inmate's participation in the Program terminates upon the
earliest of the following to occur:
(1) The inmate is released from prison.
(2) The infant fails to meet any medical criteria
established by the Director or the Director's designee along
with a collective determination of the persons listed in
section 4(a).
SEC. 8. CONTINUITY OF CARE.
The Director shall take appropriate actions to prevent detachment
or disruption of either an inmate's or infant's health and bonding-
based well-being due to termination of the Program.
SEC. 9. REPORTING.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act and once every year thereafter for 5 years, the
Director shall submit a report to the Congress with regards to progress
in implementing the Program.
(b) Final Report.--Not later than 6 months after the termination of
the Program, the Director shall issue a final report to the Congress
that contains a detailed statement of the Director's findings and
conclusions, including recommendations for legislation, administrative
actions, and regulations the Director considers appropriate.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act, there is authorized to be appropriated
$10,000,000 for each of fiscal years 2017 through 2021. | Stop Infant Mortality And Recidivism Reduction Act of 2016 or the SIMARRA Act This bill directs the Bureau of Prisons to establish a pilot program to allow incarcerated women who give birth and children born during such incarceration to reside together in a separate prison housing unit. It sets forth inmate eligibility criteria and program participation requirements. | {"src": "billsum_train", "title": "SIMARRA Act"} | 1,641 | 77 | 0.524482 | 1.450691 | 0.848055 | 2.016667 | 25.2 | 0.816667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century American Service Act''.
SEC. 2. FINDINGS AND PURPOSE.
Section 2 of the National and Community Service Act of 1990 (42
U.S.C. 12501) is amended--
(1) in subsection (a), by adding at the end the following:
``(7) The number of Americans applying to participate in
national service programs each year significantly exceeds the
number of available positions, depriving hundreds of thousands
of Americans from participating in national and community
service, which unintentionally transforms national service
programs into exclusive and selective entities and prevents
national service from serving as an inclusive, unifying
activity open to all Americans.''; and
(2) in subsection (b)(6), by inserting ``so that all young
Americans between ages 18 and 30 are provided a voluntary
opportunity to serve in organizations'' after ``national
service programs''.
SEC. 3. EXCLUSION FROM GROSS INCOME OF AMERICORPS EDUCATIONAL AWARDS.
(a) In General.--Section 117 of the Internal Revenue Code of 1986
(relating to qualified scholarships) is amended by adding at the end
the following new subsection:
``(e) AmeriCorps Educational Awards.--Gross income shall not
include any national service educational award described in subtitle D
of title I of the National and Community Service Act of 1990 (42 U.S.C.
12601 et seq.).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years ending after the date of the enactment of this Act.
SEC. 4. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE DEFINED.
In this Act, the terms ``Corporation'' and the ``Corporation for
National and Community Service'' have the meaning given the term
``Corporation'' in section 101 of the National and Community Service
Act of 1990 (42 U.S.C. 12511).
SEC. 5. 21ST CENTURY NATIONAL SERVICE PROGRAM.
(a) Establishment.--There is established a task force within the
Corporation for National and Community Service to be known as the
``21st Century National Service Program Implementing Taskforce'' (in
this Act referred to as the ``Task force'').
(b) Duties of the Task Force.--
(1) Program.--
(A) In general.--The Task force shall develop the
21st Century National Service Program to ensure that
each eligible individual who applies to serve in a
voluntary national service program will be provided an
opportunity to serve in such program.
(B) Requirements.--In developing the 21st Century
National Service Program described in subparagraph (A),
the Task force shall carry out the following:
(i) Notification.--Determine how the
Corporation for National and Community Service
will work with Federal or State agencies and
other entities to--
(I) contact each eligible
individual upon such individual's 18th
birthday to notify the individual
about--
(aa) the individual's
eligibility for national
service programs;
(bb) such national service
programs and how to register
for a specific program;
(cc) other service programs
for which the individual may be
eligible, including the Peace
Corps (as established by the
Peace Corps Act (22 U.S.C. 2501
et seq.)) and military service;
and
(dd) the individual's
option to opt-out of receiving
any notifications, or just
notifications in a paper
format, under subclause (II);
and
(II) after contacting an eligible
individual under subclause (I), notify
the eligible individual every 2 years
thereafter of the information described
in items (aa) through (dd) of subclause
(I), unless--
(aa) the individual is
serving in a national service
program;
(bb) the individual has
opted out of receiving such
notifications under subclause
(I)(cc); or
(cc) the individual reaches
30 years of age.
(ii) Registration.--Determine how the
Corporation will enable eligible individuals to
register for a specific national service
program for not less than 1 year of service,
and ensure that such registration process is
the most effective process for the purpose of
registering for such a program.
(2) Strategic plan.--The Task force shall--
(A) develop a 10-year strategic implementation plan
to fully implement the 21st Century National Service
Program described in paragraph (1)(A), including
concrete timelines and milestones for an effective and
phased implementation (which shall include beginning
the notification under paragraph (1)(B)(i) not later
than 1 year after the date of enactment of this Act, to
the greatest extent practicable); and
(B) publish on the website of the Corporation the
information described in subparagraph (A).
(3) Task forces.--The Task force shall carry out the
following sub-task forces to assist in developing the program
described in paragraph (1)(A):
(A) A sub-task force headed by the Chairperson of
the Task force on expanding national service
opportunities to ensure that any individual who applies
to serve is guaranteed an opportunity to do so.
(B) A sub-task force headed by the Director of the
Selective Service System on notifying eligible
individuals.
(C) A sub-task force headed by the Secretary of
Education on expanding bridge-year service learning
programs.
(D) A sub-task force headed by the Secretary of
Defense on transitioning servicemembers to civilian
life through national service.
(E) A sub-task force headed by the Director of the
Peace Corps on integrating international service
opportunities.
(c) Membership.--
(1) In general.--The Task force shall be composed of the
following members:
(A) The Secretary of Education (or the Secretary's
designee).
(B) The Director of the Selective Service System
(or the Director's designee).
(C) The Director of the Peace Corps (or the
Director's designee).
(D) The Secretary of Defense (or the Secretary's
designee).
(2) Chairperson.--The Chairperson of the Task force shall
be the Chief Executive Officer of the Corporation for National
and Community Service.
(3) Staff.--With the approval of the Task force, the
Chairperson may appoint additional personnel (who may be from
public or private sectors) as the Chairperson considers
appropriate.
(d) Termination.--The Task force shall terminate 10 years after the
date of enactment of this Act.
(e) Definitions.--For purposes of this section:
(1) Eligible individual.--The term ``eligible individual''
means an individual who--
(A) is a citizen, national of the United States, or
a lawful permanent resident aliens of the United
States; and
(B) is between the ages of 18 and 30, inclusive.
(2) National service program.--The term ``national service
program'' is a voluntary civilian national service program
authorized under the National and Community Service Act of 1990
(42 U.S.C. 12501 et seq.) or the Domestic Volunteer Service Act
of 1973 (42 U.S.C. 4950 et seq.).
SEC. 6. NATIONAL SERVICE COLLEGE COMPACT PILOT PROGRAM.
(a) Establishment.--The Corporation for National and Community
Service shall establish a national service college compact--
(1) with not fewer than 2 States, not later than 2 years
after the date of enactment of this Act; and
(2) with not fewer than 5 States, not later than 5 years
after such date of enactment.
(b) Contents of Compact.--A national service compact is an
agreement between the Corporation and a State under which--
(1) eligible individuals who desire to attend a public
institution of higher education in the State will be able to
use an educational award under subsection (d) to attend a 2- or
4-year program of instruction, or a career or technical
education program, at such a public institution of higher
education, at no additional charge to the individuals; and
(2) the Corporation and the State determine the timeframe
by which eligible individuals shall successfully complete the
activities under paragraphs (1) and (2) of subsection (c) in
order to qualify to use an educational award in accordance with
paragraph (1) of this subsection, and avoid repayment of such
educational award or other penalties.
(c) Eligible Individual.--For purposes of this section, the term
``eligible individual'' means an individual described in section 146(a)
of the National and Community Service Act (42 U.S.C. 12602(a)) who, as
a condition of receiving an educational award under subsection (d)--
(1) successfully completes, or agrees to complete, two
required terms of full-time national service in an approved
national service position for purposes of eligibility for two
educational awards under section 147(a) of such Act (42 U.S.C.
12603(a)); and
(2) successfully completes, or agrees to complete, not less
than one calendar year of employment with a Federal, State, or
local government entity, or a nonprofit organization.
(d) Increased Educational Awards.--
(1) In general.--To receive an educational award under this
section, an eligible individual shall be selected by the
Corporation and a State with which the Corporation has a
national service compact under this section to receive such
award for the purpose of attending a public institution of
higher education in the State in accordance with the terms of
the compact.
(2) Calculation.--An eligible individual selected under
paragraph (1) shall receive an educational award under this
section that is equal to the total value of the educational
service awards under section 147(a) of the National and
Community Service Act (42 U.S.C. 12603(a)) that the individual
is eligible to receive for the two successfully completed (or
agreed to be completed) terms of full-time national service, as
described in subsection (c)(1) of this section, except that in
calculating the value of each such award, such section 147(a)
(42 U.S.C. 12603(a)) shall be applied by inserting ``twice''
before ``the maximum amount of a Federal Pell Grant''.
(3) Limitation.--Not more than a total of 250,000
individuals may receive an educational award under this
section.
(e) Definitions.--In this section:
(1) Career and technical education.--The term ``career and
technical education'' has the meaning given the term in section
3 of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302).
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(3) State.--The term ``State'' has the meaning given the
term in section 101 of the National and Community Service Act
of 1990 (42 U.S.C. 12511). | 21st Century American Service Act This bill amends the Internal Revenue Code to exclude from gross income any AmeriCorps educational awards provided under the National and Community Service Act of 1990. The bill establishes within the Corporation for National and Community Service the 21st Century National Service Program Implementing Taskforce, which shall develop a 21st Century National Service Program to notify 18-year olds of opportunities to serve in a voluntary national service program. The Taskforce shall develop a 10-year strategic implementation plan for the 21st Century National Service Program and publish it on the Corporation website. The Corporation shall establish, with a certain number of participating states, a national service college compact pilot program under which eligible individuals may use an educational award to attend a public institution of higher education for a two- or four-year program of instruction, or a career or technical education program, at no additional charge. An eligible individual shall be one who completes successfully or agrees to complete: two required terms of full-time national service in an approved national service position for purposes of eligibility for two educational awards; and at least one calendar year of employment with a federal, state, or local government entity or a nonprofit organization. The Corporation and a state participating in the national service compact shall jointly select the individual eligible to receive an educational award for attending a public institution of higher education in the state. | {"src": "billsum_train", "title": "21st Century American Service Act"} | 2,475 | 295 | 0.593894 | 1.737399 | 0.867926 | 4.532075 | 8.4 | 0.932075 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Medical Care Revenue
Enhancement Act of 2005''.
SEC. 2. DEMONSTRATION PROJECT TO IMPROVE BUSINESS PRACTICES OF VETERANS
HEALTH ADMINISTRATION.
(a) Demonstration Project Required.--
(1) In general.--The Secretary of Veterans Affairs shall
conduct a demonstration project under this section for the
improvement of business practices of the Veterans Health
Administration.
(2) Performance-based contract.-- To carry out the
demonstration project, the Secretary shall enter into a
performance-based contract for a contractor to carry out the
functions specified in subsection (e).
(3) Cost limitation.--The total amount paid to the
contractor under the contract may not exceed $10,000,000.
(b) Commencement and Duration of Project.--The demonstration
project shall be conducted during the two-year period beginning on the
first day of the first month beginning more than 120 days after the
date of the enactment of this Act.
(c) Sites for Conduct of Project.--The Secretary shall conduct the
demonstration project at two medical centers of the Veterans Health
Administration within the same service area (referred to as a Veterans
Integrated Service Network) of the Veterans Health Administration. The
two medical centers at which the project is conducted shall be selected
by the Secretary from among medical centers that are located in those
services areas of the Veterans Health Administration that the Secretary
determines have relatively low rates of recovery or collection of
indebtedness from third-party payors under section 1729 of title 38,
United States Code.
(d) Selection of Contractor.--The Secretary shall carry out the
process for selection of the contractor for the demonstration project
so that the contractor to perform the contract is selected, and the
contract is awarded, not later than three months after the date of the
enactment of this Act. The contractor shall be an entity or
organization that has significant experience in the administrative
processing of health care charges and claims.
(e) Functions of Contractor.--The Secretary shall provide in the
contract for the following functions of the contractor with respect to
each facility at which the demonstration project is conducted:
(1) Establishment of a plan to standardize and coordinate
all activities related to billing for health-care items and
services furnished to veterans for non-service-connected
disabilities.
(2) Reengineering of the business processes for billing and
accounts receivable activities.
(3) Application of commercial-industry standards for
measures of access, timeliness, and performance.
(4) Establishment of a database containing third-party
payor information for veterans receiving health care and
services.
(5) Such other requirements with respect to business
practices as the Secretary may specify.
(f) VHA Project Manager.--As part of the demonstration project, the
Secretary shall ensure that a Veterans Health Administration employee
is designated to be the full-time project manager for the project and
that such employee's duty station is at one of the medical centers at
which the project is conducted, with provision for visits as needed to
the other medical center at which the project is conducted.
(g) Employee Protection.--The Secretary shall administer the
demonstration project so that during the period of the conduct of the
demonstration project there is no reduction in full-time equivalent
employees of the Department of Veterans Affairs at the medical centers
at which the project is conducted that is attributable to the conduct
of the demonstration project.
(h) Reports to Congress.--
(1) Periodic progress reports on project implementation.--
(A) Reports required.--The Secretary shall submit
to Congress progress reports on the implementation of
the demonstration project.
(B) Time for progress reports.-- Such reports shall
be submitted as expeditiously as feasible after the end
of--
(i) the 60-day period, the 90-day period,
and the 180-day period beginning on the date of
the enactment of this Act; and
(ii) the 60-day period, the 90-day period,
and the 180-day period beginning on the date of
the award of the contract under subsection (d).
(C) Matter to be included.--Each report under this
paragraph shall set out the progress to date on the
implementation of the demonstration project,
including--
(i) before the contractor has been
selected, progress toward selection of the
contractor (identified by the steps in the
acquisition process that have been accomplished
and that remain to be accomplished); and
(ii) after the contractor has been
selected, the contractor's progress in
initiating and carrying out the demonstration
project in accordance with the requirements of
this section.
(2) Interim reports on project operation.--After the
completion of the first 12 months, and after the completion of
the first 18 months, of the demonstration project, the
Secretary shall submit to Congress an interim report on the
operation of the demonstration project to that date. Each such
report shall include the following:
(A) The assessment of the Secretary as to whether
the rate of recovery or collection of indebtedness owed
the United States from third-party payors has improved
by reason of the project.
(B) The assessment of the Secretary as to the
performance of the contractor.
(C) Estimated cost savings to the Department as a
result of the project.
(3) Final report.--After the conclusion of the
demonstration project, the Secretary shall submit to Congress a
final report on the project. The Secretary shall include in
that report the matters specified in paragraph (2) and the
Secretary's recommendation for implementing on a permanent
basis the recovery or collection system tested in the
demonstration project and expanding the demonstration project
to other facilities of the Veterans Health Administration. The
final report shall be submitted not later than 90 days after
the conclusion of the demonstration project.
(i) Comptroller General Review and Reports.--
(1) Review.--The Comptroller General shall review the
demonstration project on an ongoing basis.
(2) Reports.--The Comptroller General shall submit to
Congress a report on the Comptroller General's findings and
recommendations concerning the demonstration project--
(A) after the operation of the demonstration
project for a period of one year; and
(B) after the operation of the demonstration
project for a period of two years.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for the conduct of
the demonstration project under this section the sum of $10,000,000. | Veterans Medical Care Revenue Enhancement Act of 2005 - Directs the Secretary of Veterans Affairs to: (1) conduct a demonstration project for the improvement of business practices of the Veterans Health Administration (VHA); and (2) enter into a performance-based contract for a contractor to carry out functions specified in this Act.
Requires the Secretary to conduct the project at two VHA medical centers within the same service area, selected from among medical centers located in those areas that the Secretary determines have relatively low rates of recovery or collection of indebtedness from third-party payors.
Sets forth provisions regarding the selection and functions of the contractor, including requiring the contractor to establish a plan to standardize and coordinate all activities related to billing for health care furnished to veterans for non-service-connected disabilities, and a database containing third-party payor information for veterans receiving health care.
Directs the Secretary to: (1) ensure that a VHA employee is designated to be the full-time project manager for the project and that such employee's duty station is at one of the medical centers at which the project is conducted; and (2) administer the project so that during the period of the conduct of the project (two years) there is no reduction in full-time equivalent employees of the Department of Veterans Affairs at the medical centers at which the project is conducted that is attributable to the conduct of the project. | {"src": "billsum_train", "title": "To direct the Secretary of Veterans Affairs to conduct a demonstration project for the improvement of business practices of the Veterans Health Administration."} | 1,380 | 295 | 0.714892 | 2.071544 | 0.90065 | 6.425455 | 4.792727 | 0.963636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Science and
Technology Competitiveness Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The United States is losing its dominance in the
sciences and technology, and faces serious challenges from
highly educated foreign competitors.
(2) The workforce of the United States must be better
prepared for the scientifically and technologically advanced
competition of the global economy.
(3) New scientific knowledge is the engine of American
technological innovation, national security, economic growth,
and prosperity.
(4) The competitiveness of the United States depends on
strengthening and expanding postsecondary educational efforts
in science, math, engineering, and technology.
(5) Shortages of scientifically and technologically
educated workers will be best addressed through partnerships
between the Nation's associate degree-granting colleges and
public four-year colleges and universities.
(6) Enlarging the traditional role of community colleges in
workforce training by developing seamless transitions from
occupational competency or certificate programs to associate
degree programs in math, science, engineering, and technology.
SEC. 3. ARTICULATION AGREEMENT PROGRAM.
Part G of title IV of the Higher Education Act of 1965 is amended
by inserting after section 486 (20 U.S.C. 1093) the following new
section:
``SEC. 486A. ARTICULATION AGREEMENT PROGRAM.
``(a) Purpose; Definition.--
``(1) Purpose.--The purpose of this section is to
strengthen and expand scientific and technological education
capabilities of associate-degree-granting public institutions
of higher education through the establishment of partnership
arrangements with bachelor-degree-granting public institutions
of higher education.
``(2) Definition.--For the purposes of this section, the
term `articulation agreement' means an agreement between
institutions of higher education that specifies the
acceptability of courses in transfer toward meeting specific
degree requirements.
``(b) Program Authorized.--
``(1) Grants to public institutions.--From the sums
appropriated under subsection (g), the Secretary shall award
grants under this section to public institutions of higher
education for the support of programs to establish and
implement statewide articulation agreements in accordance with
subsection (d).
``(2) Eligibility of private institutions to participate in
agreements.--Nothing in this section shall be construed to
preclude a nonprofit or for-profit private institution of
higher education from participating in the development and
implementation of a statewide articulation agreement under
subsection (d).
``(c) Applications.--Each institution, system, or consortium of
institutions desiring to participate in a demonstration program under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information and assurances as the
Secretary may require.
``(d) Use of Funds.--Funds provided by grant under this section may
be used--
``(1) to establish statewide articulation agreements in
math, science, engineering, and technology among public 2-year
institutions and public 4-year institutions to provide a
seamless transition for the transfer of students from the
public 2-year institutions to the public 4-year institutions by
having both such types of institutions provide and use a common
core curricula that reflects the workforce needs of private
industry;
``(2) to establish articulation agreements within community
colleges between occupational competency or certification
programs and associate degree programs in math, science,
engineering, and technology to increase the proportion of
students who enroll to complete their associates degree;
``(3) to collect data on transfers from 2-year institutions
to 4-year institutions on a regular basis and to submit such
data to commissioners or departments of higher education, for
transmission by such commissioners and departments to the
Secretary, in order to monitor program progress and success;
``(4) to develop a statewide articulation guide in
consultation with public colleges and universities to provide
students with descriptions of articulation requirements; and
``(5) to develop a plan for professional development of 2-
year college faculty, including inter-institutional workshops,
consultations, and professional meetings.
``(e) Evaluations and Reports.--The Secretary shall collect from
State commissioners and departments the data provided by grant
recipients under subsection (d)(3) for the purposes of evaluating the
success of the program authorized by this section. The Secretary shall
submit a report on the results of such evaluation to the Congress not
later than 2 years after the end of the first fiscal year for which
funds are made available for grants under this section.
``(f) Additional Definition.--The Secretary shall by regulation
define the term `degree programs in math, science, engineering, and
technology'.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to make grants under this section $10,000,000 for fiscal
year 2008 and such sums as may be necessary for each of the 4
succeeding fiscal years.''. | Higher Education Science and Technology Competitiveness Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award grants to public institutions of higher education to establish and implement statewide articulation agreements that provide a seamless transition for the transfer of students from two-year institutions to four-year institutions through a common core curricula in math, science, engineering, and technology that reflects the workforce needs of private industry. | {"src": "billsum_train", "title": "To strengthen and expand scientific and technological education capabilities of associate-degree-granting colleges through the establishment of partnership arrangements with bachelor-degree-granting institutions."} | 1,061 | 95 | 0.595067 | 1.513565 | 1.107197 | 4.4625 | 12.725 | 0.9625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding Americans From
Exporting Identification Data Act'' or the ``SAFE-ID Act''.
SEC. 2. DEFINITIONS.
As used in this Act, the following definitions shall apply:
(1) Business enterprise.--The term ``business enterprise''
means--
(A) any organization, association, or venture
established to make a profit;
(B) any health care business;
(C) any private, nonprofit organization; or
(D) any contractor, subcontractor, or potential
subcontractor of an entity described in subparagraph
(A), (B), or (C).
(2) Health care business.--The term ``health care
business'' means any business enterprise or private, nonprofit
organization that collects or retains personally identifiable
information about consumers in relation to medical care,
including--
(A) hospitals;
(B) health maintenance organizations;
(C) medical partnerships;
(D) emergency medical transportation companies;
(E) medical transcription companies;
(F) banks that collect or process medical billing
information; and
(G) subcontractors, or potential subcontractors, of
the entities described in subparagraphs (A) through
(F).
(3) Personally identifiable information.--The term
``personally identifiable information'' includes information
such as--
(A) name;
(B) postal address;
(C) financial information;
(D) medical records;
(E) date of birth;
(F) phone number;
(G) e-mail address;
(H) social security number;
(I) mother's maiden name;
(J) password;
(K) state identification information; and
(L) driver's license number.
SEC. 3. TRANSMISSION OF INFORMATION.
(a) Prohibition.--A business enterprise may not disclose personally
identifiable information regarding a resident of the United States to
any foreign branch, affiliate, subcontractor, or unaffiliated third
party located in a foreign country unless--
(1) the business enterprise provides the notice of privacy
protections described in sections 502 and 503 of the Gramm-
Leach-Bliley Act (15 U.S.C. 6802 and 6803) or required by the
regulations promulgated pursuant to section 264(c) of the
Health Insurance Portability and Accountability Act of 1996 (42
U.S.C. 1320d-2 note), as appropriate;
(2) the business enterprise complies with the safeguards
described in section 501(b) of the Gramm-Leach-Bliley Act (15
U.S.C. 6801(b)), as appropriate;
(3) the consumer is given the opportunity, before the time
that such information is initially disclosed, to object to the
disclosure of such information to such foreign branch,
affiliate, subcontractor, or unaffiliated third party; and
(4) the consumer is given an explanation of how the
consumer can exercise the nondisclosure option described in
paragraph (3).
(b) Health Care Businesses.--A health care business may not
terminate an existing relationship with a consumer of health care
services to avoid the consumer from objecting to the disclosure under
subsection (a)(3).
(c) Effect on Business Relationship.--
(1) Nondiscrimination.--A business enterprise may not
discriminate against or deny an otherwise qualified consumer a
financial product or a health care service because the consumer
has objected to the disclosure under subsection (a)(3).
(2) Products and services.--A business enterprise shall not
be required to offer or provide a product or service through
affiliated entities or jointly with nonaffiliated business
enterprises.
(3) Incentives and discounts.--Nothing in this subsection
is intended to prohibit a business enterprise from offering
incentives or discounts to elicit a specific response to the
notice required under subsection (a).
(d) Liability.--
(1) In general.--A business enterprise that knowingly and
directly transfers personally identifiable information to a
foreign branch, affiliate, subcontractor, or unaffiliated third
party shall be liable to any person suffering damages resulting
from the improper storage, duplication, sharing, or other
misuse of such information by the transferee.
(2) Civil action.--An injured party under paragraph (1) may
sue in law or in equity in any court of competent jurisdiction
to recover the damages sustained as a result of a violation of
this section.
(e) Rulemaking.--The Chairman of the Federal Trade Commission shall
promulgate regulations through which the Chairman may enforce the
provisions of this section and impose a civil penalty for a violation
of this section.
SEC. 4. PRIVACY FOR CONSUMERS OF HEALTH SERVICES.
The Secretary of Health and Human Services shall revise the
regulations promulgated pursuant to section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2
note) to require a covered entity (as defined under such regulations)
that outsources protected health information (as defined under such
regulations) outside the United States to include in such entity's
notice of privacy protections--
(1) notification that the covered entity outsources
protected health information to business associates (as defined
under such regulations) for processing outside the United
States;
(2) a description of the privacy laws of the country to
which the protected health information will be sent;
(3) any additional risks and consequences to the privacy
and security of protected health information that arise as a
result of the processing of such information in a foreign
country;
(4) additional measures the covered entity is taking to
protect the protected health information outsourced for
processing outside the United States;
(5) notification that the protected health information will
not be outsourced outside the United States if the consumer
objects; and
(6) a certification that--
(A) the covered entity has taken reasonable steps
to identify the locations where protected health
information is outsourced by such business associates;
(B) attests to the privacy and security of the
protected health information outsourced for processing
outside the United States; and
(C) states the reasons for the determination by the
covered entity that the privacy and security of such
information is maintained.
SEC. 5. PRIVACY FOR CONSUMERS OF FINANCIAL SERVICES.
Section 503(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6803(b)) is
amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) if the financial institution outsources nonpublic
personal information outside the United States--
``(A) information informing the consumer in simple
language--
``(i) that the financial institution
outsources nonpublic personal information to
entities for processing outside the United
States;
``(ii) of the privacy laws of the country
to which nonpublic personal information will be
sent;
``(iii) of any additional risks and
consequences to the privacy and security of an
individual's nonpublic personal information
that arise as a result of the processing of
such information in a foreign country; and
``(iv) of the additional measures the
financial institution is taking to protect the
nonpublic personal information outsourced for
processing outside the United States; and
``(B) a certification that--
``(i) the financial institution has taken
reasonable steps to identify the locations
where nonpublic personal information is
outsourced by such entities;
``(ii) attests to the privacy and security
of the nonpublic personal information
outsourced for processing outside the United
States; and
``(iii) states the reasons for the
determination by the institution that the
privacy and security of such information is
maintained.''
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the expiration of the date which is
90 days after the date of enactment of this Act. | Safeguarding Americans From Exporting Identification Data (SAFE-ID) Act - Prohibits business enterprises from disclosing personally identifiable information regarding U.S. residents to any branch, affiliate, subcontractor, or unaffiliated third party located in a foreign country unless: (1) the business enterprise provides notice of privacy protections and complies with safeguards described in specified Federal laws; (2) the consumer is given the opportunity to object prior to such disclosure; and (3) the consumer is given an explanation of how to exercise the nondisclosure option.
Prohibits: (1) health care businesses from terminating existing relationships with consumers to avoid objections to disclosure; and (2) business enterprises from discriminating against otherwise qualified consumers of financial products or health care services due to such objections.
Makes business enterprises that knowingly and directly transfer personally identifiable information to foreign entities liable to persons suffering damages due to the misuse of that information. Authorizes injured parties to file civil actions for violations of the information transmission provisions of this Act.
Requires the Secretary of Health and Human Services to revise existing regulations to require covered entities that outsource protected health information to a foreign country to include certain information relating to outsourcing in such entity's privacy protection notices. Amends the Gramm-Leach-Bliley Act to require the inclusion of similar information in privacy protection notices for consumers of financial services. | {"src": "billsum_train", "title": "A bill to regulate the transmission of personally identifiable information to foreign affiliates and subcontractors."} | 1,756 | 300 | 0.592143 | 1.846293 | 0.808138 | 2.85098 | 6.4 | 0.858824 |
SECTION 1. COMMISSION ON FREEDOM OF INFORMATION ACT PROCESSING DELAYS.
(a) Short Title.--This Act may be cited as the ``Faster FOIA Act of
2011''.
(b) Establishment.--There is established the Commission on Freedom
of Information Act Processing Delays (in this Act referred to as the
``Commission'' for the purpose of conducting a study relating to
methods to help reduce delays in processing requests submitted to
Federal agencies under section 552 of title 5, United States Code
(commonly referred to as the ``Freedom of Information Act'').
(c) Membership.--
(1) In general.--The Commission shall be composed of 12
members of whom--
(A) 2 shall be appointed by the chairman of the
Committee on the Judiciary of the Senate;
(B) 2 shall be appointed by the ranking member of
the Committee on the Judiciary of the Senate;
(C) 2 shall be appointed by the chairman of the
Committee on Government Reform of the House of
Representatives;
(D) 2 shall be appointed by the ranking member of
the Committee on Government Reform of the House of
Representatives;
(E) 1 shall be appointed by the Attorney General of
the United States;
(F) 1 shall be appointed by the Director of the
Office of Management and Budget;
(G) 1 shall be appointed by the Archivist of the
United States; and
(H) 1 shall be appointed by the Comptroller General
of the United States.
(2) Qualifications of congressional appointees.--Of the 2
appointees under each of subparagraphs (A), (B), (C), and (D)
of paragraph (1) at least 1 shall have experience as a FOIA
requestor, or in the fields of library science, information
management, or public access to Government information.
(3) Timeliness of appointments.--Appointments to the
Commission shall be made as expeditiously as possible, but not
later than 60 days after the date of enactment of this Act.
(d) Study.--The Commission shall conduct a study to--
(1) identify methods that--
(A) will help reduce delays in the processing of
requests submitted to Federal agencies under section
552 of title 5, United States Code; and
(B) ensure the efficient and equitable
administration of that section throughout the Federal
Government;
(2) examine whether the system for charging fees and
granting waivers of fees under section 552 of title 5, United
States Code, needs to be reformed in order to reduce delays in
processing requests; and
(3) examine and determine--
(A) why the Federal Government's use of the
exemptions under section 552(b) of title 5, United
States Code, increased during fiscal year 2009;
(B) the reasons for any increase, including whether
the increase was warranted and whether the increase
contributed to FOIA processing delays;
(C) what efforts were made by Federal agencies to
comply with President Obama's January 21, 2009
Presidential Memorandum on Freedom of Information Act
Requests and whether those efforts were successful;
(D) any recommendations on how the use of
exemptions under section 552(b) of title 5, United
States Code, may be limited; and
(E)(i) whether any disparities in processing,
processing times, and completeness of responses to FOIA
requestors have occurred based upon political
considerations, ideological viewpoints, the identity of
the requestors, affiliation with the media, or
affiliation with advocacy groups;
(ii) if any disparities have occurred, why such
disparities have occurred; and
(iii) the extent to which political appointees have
been involved in the FOIA process.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit a report to Congress and the
President containing the results of the study under this section, which
shall include--
(1) a description of the methods identified by the study;
(2) the conclusions and recommendations of the Commission
regarding--
(A) each method identified; and
(B) the charging of fees and granting of waivers of
fees; and
(3) recommendations for legislative or administrative
actions to implement the conclusions of the Commission.
(f) Staff and Administrative Support Services.--
(1) In general.--The Archivist of the United States shall
provide to the Commission such staff and administrative support
services, including research assistance at the request of the
Commission, as necessary for the Commission to perform its
functions efficiently and in accordance with this section.
(2) Payment of expenses.--
(A) Staff salaries.--The Archivist of the United
States shall pay staff expenses relating to salaries
under this subsection from available appropriations in
the applicable account for salaries of the National
Archives and Records Administration.
(B) Administrative support services.--Except as
provided under subparagraph (A), the Archivist of the
United States shall pay staff and administrative
expenses under this subsection from available
appropriations in the operating expenses account of the
National Archives and Records Administration.
(3) Appropriations requests.--Expenses paid under this
subsection shall not form the basis for additional
appropriations requests from the National Archives and Records
Administration in the future.
(g) Information.--To the extent permitted by law, the heads of
executive agencies, the Government Accountability Office, and the
Congressional Research Service shall provide to the Commission such
information as the Commission may require to carry out its functions.
(h) Compensation of Members.--Members of the Commission shall serve
without compensation for services performed for the Commission.
(i) Travel Expenses.--
(1) In general.--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.
(2) Payment of expenses.--The Administrator of General
Services shall pay travel expenses under this subsection from
available appropriations in the operating expenses account of
the General Services Administration.
(3) Appropriations requests.--Expenses paid under this
subsection shall not form the basis for additional
appropriations requests from the National Archives and Records
Administration in the future.
(j) Transparency.--All meetings of the Commission shall be open to
the public, except that a meeting, or any portion of it, may be closed
to the public if it concerns matters or information described in
chapter 552b(c) of title 5, United States Code. Interested persons
shall be permitted to appear at open meetings and present oral or
written statements on the subject matter of the meeting. The Commission
may administer oaths or affirmations to any person appearing before the
Commission.
(k) Termination.--The Commission shall terminate 30 days after the
submission of the report under subsection (e). | Faster FOIA Act of 2011 - Establishes the Commission on Freedom of Information Act Processing Delays to conduct a study to: (1) identify methods that will help reduce delays in processing Freedom of Information Act (FOIA) requests submitted to federal agencies; (2) ensure the efficient and equitable administration of FOIA throughout the federal government; (3) examine whether the system for charging fees for such requests and granting waivers of such fees needs to be reformed; (4) determine why the government's use of FOIA exemptions increased during FY2009, whether the increase contributed to delays, what efforts were made by federal agencies to comply with President Obama's January 21, 2009, Presidential Memorandum on Freedom of Information Act Requests, whether those efforts were successful, and how the use of exemptions may be limited; and (5) determine whether any disparities in processing, processing times, and completeness of responses to FOIA requestors have occurred based upon political considerations, ideological viewpoints, the identity of the requestors, affiliation with the media, or affiliation with advocacy groups, why such disparities occurred, and the extent to which political appointees have been involved in the FOIA process. | {"src": "billsum_train", "title": "A bill to establish the Commission on Freedom of Information Act Processing Delays."} | 1,494 | 258 | 0.553099 | 1.61194 | 0.777321 | 4.687783 | 6.312217 | 0.968326 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Funding for
Student Scholarships for the 1890s Land-Grant African-American Colleges
and Universities Act''.
(b) Findings.--Congress finds the following:
(1) The Act of August 30, 1890 (26 Stat. 419, chapter 841;
7 U.S.C. 321 et seq.), brought about the establishment of the
following 19 public, African-American land-grant colleges and
universities:
(A) Alabama A&M University.
(B) Alcorn State University.
(C) Central State University.
(D) Delaware State University.
(E) Florida A&M University.
(F) Fort Valley State University.
(G) Kentucky State University.
(H) Langston University.
(I) Lincoln University.
(J) North Carolina A&T State University.
(K) Prairie View A&M University.
(L) South Carolina State University.
(M) Southern University System.
(N) Tennessee State University.
(O) Tuskegee University.
(P) University of Arkansas Pine Bluff.
(Q) University of Maryland Eastern Shore.
(R) Virginia State University.
(S) West Virginia State University.
(2) Funding for agricultural education, research, and
extension at such colleges and universities is authorized to be
appropriated to the Department of Agriculture with each farm
bill, which is enacted approximately every 5 years.
(3) The Agricultural Act of 2014 (Public Law 113-79)
authorizes the appropriation of Federal funds for research,
education, and extension activities at such colleges and
universities and the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
2016 (Division A of Public Law 114-113) appropriated
$19,000,000 for education grants for such colleges and
universities.
(4) There is a great need to increase the number of young
African-Americans seeking careers in the food and agricultural
sciences (as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)), including agribusiness, food production,
distribution, and retailing, the clothing industries, energy
and renewable fuels, and farming marketing, finance, and
distribution.
(5) Scholarship funding provided to increase the number of
young African-American individuals seeking a career in the food
and agricultural sciences shall be provided with the caveat
that such scholarship students shall commit to pursue a career
in the food and agricultural sciences, including agribusiness,
food production, distribution, and retailing, the clothing
industries, energy and renewable fuels, and farming marketing,
finance, and distribution.
(6) The average age of farmers and producers in the United
States is 60 years of age and continues to rise.
(7) Beginning farmers and ranchers (as defined in section
7405 of Farm Security and Rural Investment Act of 2002 (7
U.S.C. 3319f)) need greater assistance in the financing of
their education because of the increased startup costs
associated with farming, such as the purchase of land and
farming equipment.
(c) Purposes.--The purposes of this Act are the following:
(1) To address the national crisis posed by the aging
farmer and producer population in the United States.
(2) To increase the number of young African-American
individuals seeking a career in the food and agricultural
sciences (as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)), including agribusiness, food production,
distribution, and retailing, the clothing industries, energy
and renewable fuels, and farming marketing, finance, and
distribution.
(3) To reduce the average age of farmers and producers in
the United States.
(4) To provide greater assistance to beginning farmers and
ranchers (as defined in section 7405 of Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f)).
(5) To provide scholarships to 1890 land-grant students
seeking careers in the food and agricultural sciences.
SEC. 2. SCHOLARSHIP PROGRAM FOR STUDENTS ATTENDING 1890-INSTITUTIONS.
Subtitle G of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 is amended by inserting after section 1445
(7 U.S.C. 3222) the following new section:
``SEC. 1446. SCHOLARSHIPS FOR STUDENTS AT 1890 LAND-GRANT COLLEGES,
INCLUDING TUSKEGEE UNIVERSITY.
``(a) In General.--The Secretary shall establish a grant program
under which the Secretary will award a grant to each college eligible
to receive funds under the Act of August 30, 1890 (26 Stat. 417-419, as
amended; 7 U.S.C. 321-326 and 328), including Tuskegee University (in
this section referred to as `eligible institutions') for purposes of
awarding scholarships to individuals who--
``(1) are seeking to attend such college; and
``(2) intend to pursue a career in the food and
agricultural sciences, including a career in agribusiness, food
production, distribution, and retailing, the clothing
industries, energy and renewable fuels, and farming marketing,
finance, and distribution.
``(b) Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out
this section $19,000,000 for each of fiscal years 2018 through
2022.
``(2) Allocation.--Of the funds made available under
paragraph (1) in a fiscal year, the Secretary shall allocate to
each eligible institution $1,000,000.''. | Funding for Student Scholarships for the 1890s Land-Grant African-American Colleges and Universities Act This bill amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish and provide funding for a grant program within the Department of Agriculture (USDA) for scholarships for students at 1890 land-grant colleges and universities (historically black colleges and universities established under the Second Morrill Act of 1890). USDA may award the scholarships to students who: (1) are seeking to attend such a college or university, and (2) intend to pursue a career in the food and agricultural sciences. | {"src": "billsum_train", "title": "Funding for Student Scholarships for the 1890s Land-Grant African-American Colleges and Universities Act"} | 1,259 | 130 | 0.563524 | 1.531551 | 0.704761 | 5.358974 | 9.923077 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Waterfront Brownfields
Revitalization Act''.
SEC. 2. WATERFRONT BROWNFIELDS GRANT.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is
amended--
(1) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively;
(2) in paragraph (3)(A) by striking ``paragraphs (4) and
(5)'' and inserting ``paragraphs (5) and (6)'';
(3) by inserting after paragraph (3) the following:
``(4) Grants for waterfront brownfields revitalization.--
``(A) In general.--Subject to paragraphs (5) and
(6), the President shall establish a program to provide
grants to eligible entities or nonprofit organizations
to be used at one or more waterfront brownfields sites.
``(B) Use of funds.--Such grants may be used for
reuse planning, site characterization and assessment,
or remediation at waterfront brownfields sites,
including the integration of activities related to the
design and implementation of water quality
improvements, low impact development approaches, green
infrastructure, remediation and management of
sediments, or flood damage prevention associated with
brownfields remediation and reuse.
``(C) Waterfront brownfields site defined.--In this
section, the term `waterfront brownfields site' means a
brownfields site any part of which is adjacent to a
body of water.'';
(4) in paragraph (5)(A) (as redesignated by paragraph (1)
of this section) by inserting after clause (ii) the following:
``(iii) Waterfront brownfields
revitalization.--A grant made to an eligible
entity or nonprofit organization under
paragraph (4) may not exceed $500,000.'';
(5) in paragraph (7)(A) (as redesignated by paragraph (1)
of this section) by inserting ``waterfront brownfields
revitalization,'' after ``community involvement,''; and
(6) by striking paragraph (13) (as redesignated by
paragraph (1) of this section) and inserting the following:
``(13) Funding.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $220,000,000 for each of fiscal years 2010
through 2014.
``(B) Use of certain funds.--Of the amounts made
available under subparagraph (A) for a fiscal year
$55,000,000, or, if the amount made available is less
than $220,000,000, 25 percent of the amount made
available, shall be used for site characterization,
assessment, and remediation of facilities described in
section 101(39)(D)(ii)(II).
``(C) Waterfront brownfields revitalization.--There
are authorized to be appropriated such sums as may be
necessary for waterfront brownfields revitalization
grants under paragraph (4).''.
SEC. 3. TASK FORCE.
(a) Establishment.--The Administrator of the Environmental
Protection Agency shall establish and serve as chairperson of a task
force on waterfront brownfields revitalization.
(b) Membership.--Members of the task force shall include
representatives who have expertise in waterfronts or brownfields
revitalization, including representatives from the following:
(1) The Environmental Protection Agency.
(2) The National Oceanographic and Atmospheric
Administration.
(3) The Army Corps of Engineers.
(4) The Department of Transportation.
(5) The Department of Housing and Urban Development.
(6) The Economic Development Administration.
(7) The United States Fish and Wildlife Service.
(8) State and local governments.
(9) Community-based organizations and other interested
parties.
(10) Any additional entities the Administrator chooses to
include.
(c) Duties.--The task force shall identify--
(1) current and potential funding and technical assistance
resources for waterfront brownfields revitalization;
(2) barriers to and solutions for waterfront brownfields
revitalization; and
(3) methods to coordinate interagency efforts for
waterfront brownfields revitalization.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report detailing the findings of the task force on
improving waterfront brownfields revitalization.
SEC. 4. ANNUAL REPORT.
(a) In General.--The Administrator of the Environmental Protection
Agency shall submit to the Committee on Energy and Commerce and the
Committee on Transportation and Infrastructure of the House of
Representatives an annual report on the implementation of the
brownfield site characterization and assessment grant program
authorized by section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)).
(b) Committee Hearings on Annual Report.--
(1) In general.--During each year, the Committee on Energy
and Commerce and the Committee on Transportation and
Infrastructure of the House of Representatives shall each hold
a hearing on the annual report submitted by the Administrator
under subsection (a).
(2) Exercise of rulemaking authority.--The provisions of
paragraph (1) are enacted--
(A) as an exercise of the rulemaking power of the
House of Representatives, and, as such, they shall be
considered as part of the rules of the House, and such
rules shall supersede any other rule of the House only
to the extent that rule is inconsistent therewith; and
(B) with full recognition of the constitutional
right of the House to change such rules (so far as
relating to the procedure in the House) at any time, in
the same manner, and to the same extent as in the case
of any other rule of the House. | Waterfront Brownfields Revitalization Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the President to establish a grant program for reuse planning, site characterization and assessment, or remediation at waterfront brownfields sites, including the integration of activities related to the design and implementation of water quality improvements, low impact development approaches, green infrastructure, remediation and management of sediments, or flood damage prevention associated with brownfields remediation and reuse.
Authorizes the Administrator of the Environmental Protection Agency (EPA) to provide training, research, and technical assistance to individuals and organizations to facilitate waterfront brownfields revitalization.
Authorizes funding for brownfields revitalization for FY2010-FY2014.
Requires the Administrator to establish and serve as chairperson of a task force on waterfront brownfields revitalization that shall identify: (1) funding and technical assistance resources for such revitalization; (2) barriers to and solutions for revitalization; and (3) methods to coordinate interagency revitalization efforts.
Directs: (1) the Administrator to submit to specified congressional committees an annual report on the implementation of the brownfield site characterization and assessment grant program authorized by CERCLA; and (2) such committees to hold hearings each year on such report. | {"src": "billsum_train", "title": "To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide grants for the revitalization of waterfront brownfields, and for other purposes."} | 1,274 | 274 | 0.674107 | 1.974352 | 0.871056 | 4.413793 | 4.991379 | 0.922414 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Main Street Growth Act''.
SEC. 2. VENTURE EXCHANGES.
(a) Securities Exchange Act of 1934.--Section 6 of the Securities
Exchange Act of 1934 (15 U.S.C. 78f) is amended by adding at the end
the following:
``(m) Venture Exchange.--
``(1) Registration.--
``(A) In general.--A national securities exchange
may elect to be treated (or for a listing tier of such
exchange to be treated) as a venture exchange by
notifying the Commission of such election, either at
the time the exchange applies to be registered as a
national securities exchange or after registering as a
national securities exchange.
``(B) Determination time period.--With respect to a
securities exchange electing to be treated (or for a
listing tier of such exchange to be treated) as a
venture exchange--
``(i) at the time the exchange applies to
be registered as a national securities
exchange, such application and election shall
be deemed to have been approved by the
Commission unless the Commission denies such
application before the end of the 6-month
period beginning on the date the Commission
received such application; and
``(ii) after registering as a national
securities exchange, such election shall be
deemed to have been approved by the Commission
unless the Commission denies such approval
before the end of the 6-month period beginning
on the date the Commission received
notification of such election.
``(2) Powers and restrictions.--A venture exchange--
``(A) may only constitute, maintain, or provide a
market place or facilities for bringing together
purchasers and sellers of venture securities;
``(B) may determine the increment to be used for
quoting and trading venture securities on the exchange;
``(C) shall disseminate last sale and quotation
information on terms that are fair and reasonable and
not unreasonably discriminatory;
``(D) may choose to carry out periodic auctions for
the sale of a venture security instead of providing
continuous trading of the venture security; and
``(E) may not extend unlisted trading privileges to
any venture security.
``(3) Exemptions from certain national security exchange
regulations.--A venture exchange shall not be required to--
``(A) comply with any of sections 242.600 through
242.612 of title 17, Code of Federal Regulations;
``(B) comply with any of sections 242.300 through
242.303 of title 17, Code of Federal Regulations;
``(C) submit any data to a securities information
processor; or
``(D) use decimal pricing.
``(4) Treatment of certain exempted securities.--A security
that is exempt from registration pursuant to section 3(b) of
the Securities Act of 1933 shall be exempt from section 12(a)
of this title with respect to the trading of such security on a
venture exchange, if the issuer of such security is in
compliance with all disclosure obligations of such section 3(b)
and the regulations issued under such section.
``(5) Definitions.--For purposes of this subsection:
``(A) Early-stage, growth company.--
``(i) In general.--The term `early-stage,
growth company' means an issuer--
``(I) that has not made an initial
public offering of any securities of
the issuer; and
``(II) with a market capitalization
of $1,000,000,000 (as such amount is
indexed for inflation every 5 years by
the Commission to reflect the change in
the Consumer Price Index for All Urban
Consumers published by the Bureau of
Labor Statistics, setting the threshold
to the nearest $1,000,000) or less.
``(ii) Treatment when market capitalization
exceeds threshold.--
``(I) In general.--In the case of
an issuer that is an early-stage,
growth company the securities of which
are traded on a venture exchange, such
issuer shall not cease to be an early-
stage, growth company by reason of the
market capitalization of such issuer
exceeding the threshold specified in
clause (i)(II) until the end of the
period of 24 consecutive months during
which the market capitalization of such
issuer exceeds $2,000,000,000 (as such
amount is indexed for inflation every 5
years by the Commission to reflect the
change in the Consumer Price Index for
All Urban Consumers published by the
Bureau of Labor Statistics, setting the
threshold to the nearest $1,000,000).
``(II) Exemptions.--If an issuer
would cease to be an early-stage,
growth company under subclause (I), the
venture exchange may, at the request of
the issuer, exempt the issuer from the
market capitalization requirements of
this subparagraph for the 1-year period
that begins on the day after the end of
the 24-month period described in such
subclause. The venture exchange may, at
the request of the issuer, extend the
exemption for 1 additional year.
``(B) Venture security.--The term `venture
security' means--
``(i) securities of an early-stage, growth
company that are exempt from registration
pursuant to section 3(b) of the Securities Act
of 1933; and
``(ii) securities of an emerging growth
company.''.
(b) Securities Act of 1933.--Section 18(b)(1) of the Securities Act
of 1933 (15 U.S.C. 77r(b)(1)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(D) a venture security, as defined under section
6(m)(5) of the Securities Exchange Act of 1934.''.
(c) Sense of Congress.--It is the sense of the Congress that the
Securities and Exchange Commission should--
(1) when necessary or appropriate in the public interest
and consistent with the protection of investors, make use of
the Commission's general exemptive authority under section 36
of the Securities Exchange Act of 1934 (15 U.S.C. 78mm) with
respect to the provisions added by this section; and
(2) if the Commission determines appropriate, create an
Office of Venture Exchanges within the Commission's Division of
Trading and Markets.
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to impair or limit
the construction of the antifraud provisions of the securities laws (as
defined in section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a))) or the authority of the Securities and Exchange
Commission under those provisions.
(e) Effective Date for Tiers of Existing National Securities
Exchanges.--In the case of a securities exchange that is registered as
a national securities exchange under section 6 of the Securities
Exchange Act of 1934 (15 U.S.C. 78f) on the date of the enactment of
this Act, any election for a listing tier of such exchange to be
treated as a venture exchange under subsection (m) of such section
shall not take effect before the date that is 180 days after such date
of enactment. | Main Street Growth Act (Sec. 2) This bill amends the Securities Exchange Act of 1934 to permit a national securities exchange, for itself or for one of its listing tiers, to elect treatment as a venture exchange by notifying the Securities and Exchange Commission (SEC) of such an election either at the time it applies for registration or after registering as a national securities exchange. Unless the SEC denies the registration application within six months after its receipt, the application and election shall be deemed to have received SEC approval. Similarly, after a national securities exchange registers, its election to be treated as a venture exchange shall be deemed approved unless the SEC denies approval within six months after receiving notice of the election. The bill subjects a venture exchange to certain restrictions, including that it may: (1) only constitute, maintain, or provide a market place or facilities for bringing together purchasers and sellers of venture securities, and (2) not extend unlisted trading privileges to any venture security. Venture securities are securities of: an early-stage, growth company exempt from registration under the Securities Act of 1933; and an emerging growth company. The bill exempts a venture exchange from compliance with: (1) specified National Market System and Alternative Trading System rules, (2) the requirement to submit data to a securities information processor, or (3) mandatory use of decimal pricing. With respect to trading on a venture exchange, the bill also exempts from registration under the Securities Exchange Act of 1934 certain securities exempted from registration under the Securities Act of 1933 if the issuer is in compliance with all disclosure obligations and regulations under the latter Act. The bill defines an issuer with a market capitalization of $1 million or less, and which has not made an initial public offering of any securities, as an "early-stage growth company." An early-stage, growth company whose securities are traded on a venture exchange shall not cease to be an early-stage, growth company by reason of a market capitalization exceeding the $1 million threshold until the end of 24 consecutive months during which that market capitalization exceeds $2 million (indexed for inflation). If an issuer would cease to be an early-stage, growth company for exceeding the market capitalization threshold, a venture exchange may, upon the issuer's request, exempt the issuer from such capitalization requirements for the 24-month period referred to, and extend that exemption for an additional year as well. The Securities Act of 1933 is amended to exempt venture securities from state and local government regulation. The bill expresses the sense of Congress that the SEC should: make use of its general exemptive authority regarding certain elements of this bill; and create an Office of Venture Exchanges, if appropriate, within the SEC Division of Trading and Markets. | {"src": "billsum_train", "title": "Main Street Growth Act"} | 1,629 | 603 | 0.652139 | 1.860513 | 0.680418 | 2.840659 | 2.739927 | 0.884615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumers Payment System Protection
Act''.
SEC. 2. DELAY IN THE APPLICATION OF RULES ISSUED UNDER THE AUTHORITY OF
SECTION 1075 OF THE DODD-FRANK WALL STREET REFORM AND
CONSUMER PROTECTION ACT.
Subject to section 3(b)(2), any proposed or final rule issued under
the authority of any provision under section 1075 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (Public Law 111-203), or
of amendments made by such section, shall take effect 1 year after the
date of the enactment of this Act.
SEC. 3. STUDY AND REPORT.
(a) Study.--
(1) In general.--The Board of Governors of the Federal
Reserve System, the Chairperson of the Federal Deposit
Insurance Corporation, the Chairperson of the National Credit
Union Administration, and the Comptroller of the Currency shall
jointly conduct a study on the effect of section 1075 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act
(Public Law 111-203), and amendments made by such section, on
consumers, card issuers, merchants, and financial institutions.
Such study shall survey card issuers, merchants, and financial
institutions representing a cross section of all market
participants regardless of whether such participants are exempt
from any rule issued under the authority of section 1075 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act, or
of any amendment made by such section.
(2) Considerations.--The study described in paragraph (1)
shall consider the following:
(A) The identity and categories of all costs and
investments associated with debit card transactions
(prior to the implementation of section 1075 of the
Dodd-Frank Wall Street Reform and Consumer Protection
Act) to consumers, card issuers, merchants, and
financial institutions, including the operation of the
payment system to support such transactions.
(B) The impact of the proposed rule issued by the
Board of Governors of the Federal Reserve System
entitled ``Debit Card Interchange Fees and Routing''
(75 Fed. Reg. 81772 (Dec. 28, 2010)), if finalized,
including--
(i) the impact of reduced debit card
interchange fees on consumers, including--
(I) the cost to and consequences
for consumers if such proposed rule
were to become final;
(II) the impact on consumer
protection, including anti-fraud and
customer identification efforts, and
privacy protection; and
(III) the impact on consumers,
particularly low- and moderate-income
consumers (including banked and
unbanked consumers), and small
businesses with respect to the
provision of payment accounts and
services;
(ii) the impact of reduced debit card
interchange fees on debit card issuers,
including--
(I) whether such fees would provide
recoupment of costs and investments by
debit card issuers;
(II) whether such fees would result
in increased risks to debit card
issuers, including the potential impact
on the safety and soundness of such
issuers; and
(III) the impact of the exemption
provided for smaller banks and credit
unions, including whether potential
merchant behavior would lead to
discrimination against debit cards
issued by credit unions and community
banks, and whether the exemption would
have an adverse impact on the deposit
base of credit unions and community
banks as well as the payment system;
(iii) the impact of the reduced debit card
interchange fees on merchants, including such
merchants ability to--
(I) pass savings on to the
consumer;
(II) make new capital investments;
and
(III) cover the costs associated
with fraud prevention;
(iv) the impact on consumers, debit card
issuers, and merchants of the debit exclusivity
and transaction routing provisions of section
920(b) of the Electronic Fund Transfer Act and
any proposed or final rules issued under such
provisions, including--
(I) the impact on the continued
innovation and development of secure,
efficient, and reliable electronic
payment technologies; and
(II) the impact of mandating a
specific number of enabled networks on
each debit card; and
(v) the impact on other entities that
utilize debit card transactions, including the
debit card programs of Federal and State
entities.
(C) Subsections (a) and (c) of section 904 of the
Electronic Fund Transfer Act (15 U.S.C. 1693b(a), (c)).
(b) Report.--
(1) In general.--Not later than 8 months after the date of
the enactment of this Act, the Board of Governors of the
Federal Reserve System, the Chairperson of the Federal Deposit
Insurance Corporation, the Chairperson of the National Credit
Union Administration, and the Comptroller of the Currency shall
jointly submit to Congress a report that includes--
(A) an analysis of the results of the study
required under subsection (a);
(B) a determination of whether revisions need to be
made to any proposed or final rule described in section
2; and
(C) a determination of whether revisions need to be
made to any provision under section 1075 of the Dodd-
Frank Wall Street Reform and Consumer Protection Act,
or any amendment made by such section.
(2) Revisions to rules.--The Board of Governors of the
Federal Reserve System shall have 4 months after the submission
of the report submitted pursuant to paragraph (1) to make
revisions to any proposed or final rule described in section 2
if at least two of the Board of Governors of the Federal
Reserve System, the Chairperson of the Federal Deposit
Insurance Corporation, the Chairperson of the National Credit
Union Administration, and the Comptroller of the Currency
determine, in such report, that any one of the following are
true:
(A) Either of section 920 of the Electronic Fund
Transfer Act or the proposed rule issued by the Board
of Governors of the Federal Reserve System entitled
``Debit Card Interchange Fees and Routing'' does not
encompass all costs and investments associated with
debit card transactions.
(B) Consumers will be adversely affected by either
such section or such proposed rule.
(C) The exemption of small financial institutions
(defined as financial institutions with less than
$10,000,000,000 in assets), as provided under section
920(a)(6) of the Electronic Fund Transfer Act, or as
carried out by the proposed rule, is not effective in
practice.
(c) Definitions.--In this section, the terms ``consumer'',
``financial institution'', and ``State'' have the same meanings given
such terms in section 903 of the Electronic Fund Transfer Act (15
U.S.C. 1693a). | Consumers Payment System Protection Act - Delays until one year after enactment of this Act any proposed or final rule issued under the authority of specified requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act governing interchange transaction (swipe) fees for electronic debit transactions (EDTs).
Requires the Board of Governors of the Federal Reserve System and specified federal banking agencies jointly to study and report to Congress on the effect of such requirements upon consumers, card issuers, merchants, and financial institutions.
Sets a deadline for the Board to make revisions to any proposed or final rule regarding such EDTs if at least two of the agencies contributing to such report determine that any one of the following is true: (1) either such requirements or the Board's proposed rule entitled "Debit Card Interchange Fees and Routing" does not encompass all costs and investments associated with debit card transactions; (2) consumers will be adversely affected by either the requirements or the proposed rule; or (3) the current exemption of small financial institutions (with less than $10 billion in assets) from such requirements, or as carried out by the proposed rule, is not effective in practice. | {"src": "billsum_train", "title": "To delay the implementation of proposed or final rules issued under the authority of the Dodd-Frank Wall Street Reform and Consumer Protection Act relating to the reasonable and proportional fees and rules for electronic debit transactions, and for other purposes."} | 1,454 | 251 | 0.648214 | 1.997127 | 0.863926 | 4.150442 | 6.079646 | 0.876106 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Physician Self-
Referral Amendments of 1999''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Eliminating restrictions on physician referrals based on
compensation arrangements.
Sec. 3. Exceptions to ownership referral prohibitions.
Sec. 4. Change in definition of group practice.
Sec. 5. Delay in implementation of 1993 ownership referral changes
until promulgation of final regulations.
Sec. 6. Exclusion of intraocular lenses, eyeglasses, and contact
lenses.
Sec. 7. Permitting supervision of clinical laboratory services by
pathologists who are independent
contractors.
Sec. 8. Effective date.
SEC. 2. ELIMINATING RESTRICTIONS ON PHYSICIAN REFERRALS BASED ON
COMPENSATION ARRANGEMENTS.
(a) In General.--Section 1877(a)(2) of the Social Security Act (42
U.S.C. 1395nn(a)(2)) is amended by striking ``is--'' and all that
follows through ``equity,'' and inserting ``is (except as provided in
subsection (c)) an ownership or investment interest in the entity
through equity,''.
(b) Conforming Amendments.--Section 1877 of such Act (42 U.S.C.
1395nn) is amended--
(1) in subsection (b)--
(A) in the heading, by striking ``to Both Ownership
and Compensation Arrangement Prohibitions''; and
(B) by redesignating paragraph (4) as paragraph
(7);
(2) in subsection (c)--
(A) by amending the heading to read as follows:
``Exception for Ownership or Investment Interest in
Publicly Traded Securities and Mutual Funds''; and
(B) in the matter preceding paragraph (1), by
striking ``subsection (a)(2)(A)'' and inserting
``subsection (a)(2)'';
(3) in subsection (d)--
(A) by striking the matter preceding paragraph (1);
(B) in paragraph (3), by striking ``paragraph (1)''
and inserting ``paragraph (4)''; and
(C) by redesignating paragraphs (1), (2), and (3)
as paragraphs (4), (5), and (6), respectively, and by
transferring and inserting such paragraphs after
paragraph (3) of subsection (b);
(4) by striking subsection (e);
(5) in subsection (f)--
(A) in the matter preceding paragraph (1), by
striking ``ownership, investment, and compensation''
and inserting ``ownership and investment'';
(B) in paragraph (2), by striking ``subsection
(a)(2)(A)'' and all that follows through ``subsection
(a)(2)(B)),'' and inserting ``subsection (a)(2),''; and
(C) in paragraph (2), by striking ``or who have
such a compensation relationship with the entity''; and
(6) in subsection (h)--
(A) by striking paragraphs (1), (2), and (3);
(B) in paragraph (4)(A), by striking clause (iv);
and
(C) in paragraph (4)(B), by striking ``Rules.--''
and all that follows through ``(ii) Faculty'' and
inserting ``Rules for faculty''.
SEC. 3. EXCEPTIONS TO OWNERSHIP REFERRAL PROHIBITIONS.
(a) Revisions to Exception for In-Office Ancillary Services.--
(1) Repeal of site-of-service requirement.--Section 1877 of
the Social Security Act (42 U.S.C. 1395nn) is amended--
(A) by amending subparagraph (A) of subsection
(b)(2) to read as follows:
``(A) that are furnished personally by the
referring physician, personally by a physician who is a
member of the same group practice as the referring physician, or
personally by individuals who are under the general supervision of the
physician or of another physician in the group practice, and''; and
(B) by adding at the end of subsection (h) the
following new paragraph:
``(7) General supervision.--An individual is considered to
be under the `general supervision' of a physician if the
physician (or group practice of which the physician is a
member) is legally responsible for the services performed by
the individual and for ensuring that the individual meets
licensure and certification requirements, if any, applicable
under other provisions of law, regardless of whether or not the
physician is physically present when the individual furnishes
an item or service.''.
(2) Clarification of treatment of physician owners of group
practice.--Section 1877(b)(2)(B) of such Act (42 U.S.C.
1395nn(b)(2)(B)) is amended by striking ``or such group
practice.'' and inserting ``, such group practice, or the
physician owners of such group practice.''.
(3) Conforming amendment.--Section 1877(b)(2) of such Act
(42 U.S.C. 1395nn(b)(2)) is amended by amending the heading to
read as follows: ``Ancillary services furnished personally or
through group practice''.
(b) Clarification of Exception for Services Furnished in a Rural
Area.--Section 1877(d)(2) of such Act (42 U.S.C. 1395nn(d)(2)), before
redesignation and transfer as section 1877(b)(5) of such Act under
section 2(b)(3)(C), is amended by striking ``substantially all'' and
inserting ``not less than 75 percent''.
SEC. 4. CHANGE IN DEFINITION OF GROUP PRACTICE.
Section 1877(h)(4) of the Social Security Act (42 U.S.C.
1395nn(h)(4)) is amended--
(1) in subparagraph (A), as amended by section 2(b)(6)(B)--
(A) by adding ``and'' at the end of clause (iii);
(B) by redesignating clause (v) as clause (iv) and
by striking ``, and'' at the end and inserting a
period, and
(C) by striking clause (vi); and
(2) by adding at the end the following new subparagraph:
``(C) Member of a group.--A physician is a `member'
of a group if the physician is an owner or a bona fide
employee, or both, of the group.''.
SEC. 5. DELAY IN IMPLEMENTATION OF 1993 OWNERSHIP REFERRAL CHANGES
UNTIL PROMULGATION OF FINAL REGULATIONS.
Notwithstanding paragraphs (1) and (2) of section 13562(b) of the
Omnibus Budget Reconciliation Act of 1993, the amendments made by
section 13562(a) of such Act shall not apply to any referrals made
before the effective date of final regulations promulgated by the
Secretary of Health and Human Services to carry out such amendments.
SEC. 6. EXCLUSION OF INTRAOCULAR LENSES, EYEGLASSES, AND CONTACT
LENSES.
Section 1877(h)(6)(H) of the Social Security Act (42 U.S.C.
1395nn(h)(6)(H)) is amended by inserting ``, other than intraocular
lenses, eyeglasses, and contact lenses'' before the period.
SEC. 7. PERMITTING SUPERVISION OF CLINICAL LABORATORY SERVICES BY
PATHOLOGISTS WHO ARE INDEPENDENT CONTRACTORS.
Section 1877(b)(2) of the Social Security Act (42 U.S.C.
1395nn(b)(2)), as amended by section 3(a)(1)(A), is amended by adding
at the end the following: ``In applying subparagraph (A) in the case of
a pathologist who supervises or directs the provision of clinical
laboratory services for a group practice, the pathologist is deemed to
be a member of (and in) such group practice.''.
SEC. 8. EFFECTIVE DATE.
The amendments made by sections 2 through 4 and 6 and 7 of this Act
apply to referrals made on or after the date of the enactment of this
Act, regardless of whether or not regulations are promulgated to carry
out such amendments. | Physician Self-Referral Amendments of 1999 - Amends title XVIII (Medicare) of the Social Security Act to revise limitations on certain physician referrals to: (1) eliminate restrictions on physician referrals based on compensation arrangements; (2) repeal site of service requirements contained in the exceptions to the ownership referral prohibitions; (3) change the definition of group practice; (4) exclude intraocular lenses, eyeglasses, and contact lenses as designated health services; and (5) permit supervision of clinical laboratory services by pathologists who are independent contractors. | {"src": "billsum_train", "title": "Physician Self-Referral Amendments of 1999"} | 1,983 | 119 | 0.566221 | 1.524471 | 0.657228 | 3.135922 | 15.621359 | 0.883495 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Firearms License Reform Act
of 1993''.
SEC. 2. PREVENTION OF THEFT OF FIREARMS.
(a) Prohibition Against Labelling of Containers Containing
Firearms.--Section 922(e) of title 18, United States Code, is amended--
(1) by inserting ``(1)'' after ``(e)''; and
(2) by adding at the end the following:
``(2) It shall be unlawful for any common or contract carrier to
require or cause to be placed on the outside of any package, luggage,
or other container any label, tag, or other written notice that the
package, luggage, or other container contains a firearm.''.
(b) Duty To Obtain Written Acknowledgement of Receipt of Containers
Containing Firearms.--Section 922(f) of such title is amended--
(1) by inserting ``(1)'' after ``(f)''; and
(2) by adding at the end the following:
``(2) It shall be unlawful for any common or contract carrier to
deliver in interstate or foreign commerce any firearm without obtaining
written acknowledgement of receipt of the firearm from the recipient of
the firearm.''.
(c) Personal Transfer of Firearms Between Licensees Outside Their
Business Premises.--Section 923(c) of such title is amended by
inserting after the 1st sentence the following: ``Notwithstanding any
other provision of this chapter, a person licensed under this section
may, in person, transfer or deliver firearms to, and receive firearms
from, another such person at any location without regard to the State
specified on the license.''.
(d) Prohibition Against Stealing Firearms From Certain Licensees.--
(1) Prohibition.--Section 922 of such title is amended by
adding at the end the following:
``(s) It shall be unlawful for a person to steal, unlawfully
convert, or take by fraud from the person or the premises of a licensed
importer, licensed manufacturer, or licensed dealer any firearm in the
business inventory of the licensee which has been shipped or
transported in interstate or foreign commerce.''.
(2) Penalties.--Section 924 of such title is amended by
adding at the end the following:
``(i)(1) Whoever knowingly violates section 922(s) shall be fined
not more than $10,000, imprisoned not more than 10 years, or both.
``(2) Whoever, during and in relation to a robbery (as defined in
section 1951(b)(1)) or riot (as defined in section 2102(a)), knowingly
violates section 922(s) shall be sentenced to imprisonment for 30
years, or, if a death results, to life imprisonment without release or
to death.''.
SEC. 3. 3-YEAR LICENSE TO DEAL IN FIREARMS; INCREASE IN APPLICATION
FEE.
Section 923(a)(3) of title 18, United States Code, is amended--
(1) in subparagraph (B)--
(A) by striking ``who is a pawnbroker dealing'';
and
(B) by striking ``$25 per year; or'' and inserting
``$150 for an original license for 3 years, or $75 for
the renewal of a license for 3 years.''; and
(2) by striking subparagraph (C).
SEC. 4. FEDERAL FIREARMS LICENSEES REQUIRED TO REPORT THEFT OF FIREARMS
FROM THE INVENTORY OR COLLECTION OF THE LICENSEE.
Section 923(g) of title 18, United States Code, is amended by
adding at the end the following:
``(6)(A) Within 5 business days after a person licensed under this
section discovers the theft of a firearm from the inventory or
collection of the licensee, the licensee shall report the theft to the
chief law enforcement officer of the place of business of the licensee.
``(B) For purposes of subparagraph (A), the term `chief law
enforcement officer' means the chief of police, the sheriff, or an
equivalent officer, or the designee of any such individual.''.
SEC. 5. RESPONSES TO REQUESTS FOR INFORMATION.
Section 923(g) of title 18, United States Code, as amended by
section 4 of this Act, is amended by adding at the end the following:
``(7) Not later than 5 business days after a licensee receives from
the Secretary a written or in-person request therefor, the licensee
shall provide the Secretary with such information contained in the
records required to be kept by the licensee under this chapter as may
be required for determining the disposition of 1 or more firearms. The
licensee shall provide the information orally or in writing, as the
Secretary may require.''.
SEC. 6. EXPANDED DEFINITION OF CURIOS OR RELICS.
(a) In General.--Section 921(a) of title 18, United States Code, is
amended by adding at the end the following:
``(29) The term `curios or relics' means firearms so
designated by the Secretary by regulation, and firearms
manufactured in or before the calendar year 1946 acquired for a
personal collection and not as business inventory or for resale
for livelihood and profit.''.
(b) Conforming Amendment.--Section 921(a)(13) of such title is
amended by striking ``as the Secretary shall by regulation define,''.
SEC. 7. EXPANDED DEFINITION OF ANTIQUE FIREARMS.
Section 921(a)(16)(A) of title 18, United States Code, is amended
by striking ``1898'' and inserting ``1918''.
SEC. 8. APPLICANT FOR FEDERAL FIREARMS LICENSE REQUIRED TO NOTIFY LOCAL
LAW ENFORCEMENT AUTHORITIES OF INTENTION TO APPLY FOR THE
LICENSE.
Section 923(d)(1)(E) of title 18, United States Code, is amended by
inserting before the comma the following: ``and the applicant has
certified on the application that the applicant has sent or delivered
notice, on a form prescribed by the Secretary, to the chief law
enforcement officer (as defined in subsection (g)(6)(B)) of the
locality in which the premises are located, that the applicant intends
to apply for a Federal firearms license''.
SEC. 9. PROVISION TO LICENSEES OF RULES GOVERNING FIREARMS.
Section 926 of title 18, United States Code, is amended--
(1) by inserting at the end of subsection (b) the
following: ``No such rule or regulation shall be effective
until 30 days after a copy thereof has been provided to all
persons licensed under this chapter.''; and
(2) by adding at the end the following:
``(d)(1)(A) Upon the effective date of this subsection, the
Secretary shall publish and provide to all licensees a compilation of
the State laws and published ordinances which are relevant to
compliance with this chapter.
``(B) Each year thereafter, the Secretary shall publish and provide
to licensees all amendments to such State laws and published
ordinances.
``(2) If the Secretary fails to provide to a licensee the
information required to be provided under this subsection, then, in any
proceeding for the revocation of the license or any criminal
prosecution of the licensee under this chapter, the licensee shall be
rebuttably presumed to have had no knowledge of any State law or
published ordinance that is relevant to the revocation proceeding or
criminal prosecution.
``(e)(1) The Secretary shall provide a copy of all regulations
prescribed and official rulings made under this chapter, and all
regulations prescribed and official rulings made under chapter 53 of
the Internal Revenue Code of 1986, to each person licensed under this
chapter--
``(A) in the case of a person who became so licensed before
the effective date of this subsection, as soon as is
practicable after such effective date; or
``(B) in the case of a person who becomes so licensed after
such effective date, upon the issuance of the license.
``(2) Not less frequently than quarterly, the Secretary shall
provide to each person licensed under this chapter a copy of all
changes in the regulations, and all new rulings, referred to in
paragraph (1) since the most recent provision of information to the
person under this subsection.
``(f) The Secretary shall publish and provide to each person
licensed under this chapter, at such times as the Secretary shall deem
necessary, the name and license number of any person whose license
under this chapter has been revoked.''.
SEC. 10. REGISTRATION TO REQUIRE PHOTOGRAPH AND FINGERPRINTS.
Section 5802 of the National Firearms Act is amended by inserting
after the 1st sentence the following: ``An individual required to
register under this section shall at the time of such registration,
provide a photograph and fingerprints of the individual obtained from
law enforcement authorities.''.
SEC. 11. ATTORNEY'S FEE PAYABLE IN CASES OF UNAUTHORIZED DENIAL OR
REVOCATION OF LICENSE.
Section 923(f)(3) of title 18, United States Code, is amended by
inserting ``, and shall award the prevailing party, other than the
United States, a reasonable attorney's fee for which the United States
shall be liable'' before the period. | Federal Firearms License Reform Act of 1993 - Amends the Federal criminal code to prohibit a common or contract carrier from: (1) requiring or causing to be placed on the outside of any package, luggage, or other container any label, tag, or other written notice that the container contains a firearm; and (2) delivering a firearm in interstate or foreign commerce without obtaining written acknowledgement of receipt of the firearm from the recipient. Permits the personal transfer of firearms between licensees outside their business premises.
Prohibits and sets penalties for: (1) stealing, unlawfully converting, or taking by fraud from a licensed importer, manufacturer, or dealer any firearm in the business inventory of the licensee which has been shipped or transported in interstate or foreign commerce; and (2) knowingly violating such provision during and in relation to a robbery or riot (in which case, if death results, such violator shall be subject to life imprisonment without release or to death).
Revises firearms licensing provisions to provide for a three-year license to deal in firearms and an increase in the application fee.
Requires Federal firearms licensees to: (1) report the theft of firearms within five business days of discovery; and (2) respond within five days to requests from the Secretary of the Treasury for information contained in required records regarding disposition of a firearm.
Expands the definitions of "curios or relics" and "antique firearm."
Requires: (1) Federal firearms license applicants to notify local law enforcement authorities of the intention to apply for such license; and (2) the Secretary to publish and provide to all licensees a compilation of relevant State laws and published ordinances, and periodically provide a copy of all changes in regulations and new rulings.
Amends: (1) the National Firearms Act to require importers, manufacturers, and dealers in firearms who register pursuant to such Act to provide a photograph and fingerprints at the time of registration; and (2) the Federal criminal code to authorize the award of attorney fees in cases of unauthorized denial or revocation of a firearms license. | {"src": "billsum_train", "title": "Federal Firearms License Reform Act of 1993"} | 2,193 | 461 | 0.628245 | 1.998643 | 0.788142 | 3.757282 | 4.536408 | 0.883495 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chronic Wasting Disease Financial
Assistance Act of 2003''.
SEC. 2. DEFINITION AND FINDINGS.
(a) Chronic Wasting Disease Defined.--In this Act, the term
``chronic wasting disease'' means the animal disease afflicting deer
and elk that--
(1) is a transmissible disease of the nervous system
resulting in distinctive lesions in the brain; and
(2) belongs to the group of diseases known as transmissible
spongiform encephalopathies, which group includes scrapie,
bovine spongiform encephalopathy, and Cruetzfeldt-Jakob
disease.
(b) Findings.--Congress finds the following:
(1) The States retain undisputed primacy and policy-making
authority with regard to wildlife management, and nothing in
this Act interferes with or otherwise affects the primacy of
the States in managing wildlife generally, or managing,
surveying, and monitoring the incidence of chronic wasting
disease in animal populations.
(2) Chronic wasting disease is a fundamental threat to the
health and vibrancy of deer and elk populations, and the
increased occurrence of chronic wasting disease in the United
States necessitates government action to manage and eradicate
this lethal disease.
(3) As the States and tribal government move to manage
existing incidence of chronic wasting disease and insulate non-
infected wild cervid populations from the disease, it is
appropriate for the Federal Government to support their efforts
with financial assistance.
SEC. 3. STATE CHRONIC WASTING DISEASE MANAGEMENT CAPACITY BUILDING
GRANTS.
(a) Grants Authorized.--The Secretary of the Interior shall make
grants to State wildlife management agencies to assist States in
developing and implementing long term management strategies to address
chronic wasting disease in wild cervids.
(b) Eligibility.--A wildlife management agency of a State whose
comprehensive wildlife conservation plan include chronic wasting
disease management activities is eligible for a grant under this
section.
(c) Funding Priorities.--In determining the amount of grant funds
to be provided to eligible applicants under this section, the Secretary
shall prioritize applicants based on the following criteria:
(1) States in which chronic wasting disease has been
detected and States located adjacent or in proximity to States
in which chronic wasting disease has been detected.
(2) States that have expended State funds for chronic
wasting disease management, monitoring, surveillance, and
research, with additional priority given to those States that
have shown the greatest financial commitment to managing,
monitoring, surveying, and researching chronic wasting disease.
(3) States with comprehensive and integrated policies and
programs focused on chronic wasting disease management between
involved State wildlife and agricultural agencies and tribal
governments, with additional priority given to States that have
integrated the programs and policies of all involved agencies
related to chronic wasting disease management.
(4) States that are seeking to develop a rapid response
capacity to address outbreaks of chronic wasting disease,
whether occurring in States in which chronic wasting disease is
already found or States with first infections, for the purpose
of containing the disease in any new area of infection.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $7,500,000 to carry out this section.
SEC. 4. GRANTS FOR STATES WITH CHRONIC WASTING DISEASE OUTBREAKS.
(a) Grants Authorized.--The Secretary of the Interior shall make
grants to State wildlife management agencies to assist States in
responding to chronic wasting disease outbreaks in wild cervids.
(b) Eligibility.--A wildlife management agency of a State whose
comprehensive wildlife conservation plan include chronic wasting
disease management activities is eligible for a grant under this
section.
(c) Funding Priorities.--In determining the amount of grant funds
to be provided to eligible applicants under this section, the Secretary
shall prioritize applicants based on the following criteria:
(1) State expenditures on chronic wasting disease
management, monitoring, surveillance, and research in response
to management of an on-going outbreak.
(2) The number of chronic wasting disease cases detected in
the State.
(3) The wild cervid population of the State.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 5. TRIBAL CHRONIC WASTING DISEASE MANAGEMENT GRANTS.
(a) Grants Authorized.--The Secretary of the Interior shall make
grants to tribal wildlife management agencies to assist Indian tribes
in developing and implementing long term management strategies to
address chronic wasting disease in wild cervids.
(b) Eligibility.--A wildlife management agency of an Indian tribe
whose comprehensive wildlife conservation plan include chronic wasting
disease management activities is eligible for a grant under this
section.
(c) Funding Priorities.--In determining the amount of grant funds
to be provided to eligible applicants under this section, the Secretary
shall prioritize applicants based on the following criteria:
(1) Tribal governments managing lands on which cervids with
chronic wasting disease have been detected, or managing lands
located adjacent or in proximity to lands on which cervids with
chronic wasting disease have been detected.
(2) Tribal governments that have expended tribal funds for
chronic wasting disease management, monitoring, surveillance,
and research, with additional priority given to tribal
governments that have shown the greatest financial commitment
to managing, monitoring, and surveying chronic wasting disease.
(3) Tribal governments with cooperative arrangements with
Federal and State wildlife and agricultural agencies and State
governments, with additional priority given to tribal
governments that are working with other involved agencies on
issues of chronic wasting disease management.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $3,000,000 to carry out this section.
SEC. 6. ADMINISTRATION.
The Secretary of the Interior shall carry out this Act acting
through the Director, United States Fish and Wildlife Service. Funds
appropriated to carry out this Act shall be administered through the
Federal Assistance Program in the United States Fish and Wildlife
Service. Not more than three percent of such funds may be expended for
administrative expenses of the United States Fish and Wildlife Service
to carry out this Act. | Chronic Wasting Disease Financial Assistance Act of 2003 - Directs the Secretary of the Interior, with respect to chronic wasting disease in wild cervids (deer and elk), to make grants to State and tribal wildlife management agencies to develop and implement long term management strategies to address and respond to outbreaks of such disease. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to make grants to State and tribal governments to assist State and tribal efforts to manage and control the spread of chronic wasting disease in deer and elk herds, and for other purposes."} | 1,374 | 71 | 0.628077 | 1.809101 | 1.030971 | 3.033898 | 20.576271 | 0.932203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Extension Act
of 2009''.
SEC. 2. FEDERAL-AID HIGHWAYS.
(a) In General.--Except as provided in this Act, requirements,
authorities, conditions, eligibilities, limitations, and other
provisions authorized under titles I, V, and VI of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of
2008 (122 Stat. 1572), and title 23, United States Code, which would
otherwise expire on or cease to apply after September 30, 2009, are
incorporated by reference and shall continue in effect until March 31,
2011.
(b) Authorization of Appropriations.--Except as provided in section
3, there are authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account)--
(1) for fiscal year 2010, a sum equal to the total amount
authorized to be appropriated for programs, projects, and
activities for fiscal year 2009 under titles I, V, and VI of
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (119 Stat. 1144), and title 23,
United States Code; and
(2) for the period beginning on October 1, 2010, and ending
on March 31, 2011, a sum equal to \1/2\ of the total amount
authorized for programs, projects, and activities for fiscal
year 2009 under titles I, V, and VI of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1144), and title 23, United States Code.
(c) Use of Funds.--
(1) Fiscal year 2010.--Except as otherwise expressly
provided in this Act, funds authorized to be appropriated under
subsection (b)(1) for fiscal year 2010 shall be distributed,
administered, limited, and made available for obligation in the
same manner and at the same level as funds authorized to be
appropriated for fiscal year 2009 to carry out programs,
projects, activities, eligibilities, and requirements under the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (119 Stat. 1144), the SAFETEA-LU
Technical Corrections Act of 2008 (122 Stat. 1572), and title
23, United States Code.
(2) Fiscal year 2011.--Except as otherwise expressly
provided in this Act, funds authorized to be appropriated under
subsection (b)(2) for the period beginning on October 1, 2010,
and ending on March 31, 2011, shall be distributed,
administered, limited, and made available for obligation in the
same manner and at the same level as \1/2\ of the total amount
of funds authorized to be appropriated for fiscal year 2009 to
carry out programs, projects, activities, eligibilities, and
requirements under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (119 Stat. 1144),
the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat.
1572), and title 23, United States Code.
(3) Calculation.--The amounts authorized to be appropriated
under subsection (b) shall be calculated without regard to any
rescission or cancellation of funds or contract authority for
fiscal year 2009 under the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (119
Stat. 1144) or any other law.
(4) Contract authority.--
(A) In general.--Except as provided in subparagraph
(B), funds authorized to be appropriated under this
section shall be--
(i) available for obligation, and shall be
administered, in the same manner as if such
funds were apportioned under chapter 1 of title
23, United States Code; and
(ii) subject to a limitation on obligations
for Federal-aid highways and highway safety
construction programs described in paragraph
(5).
(B) Exceptions.--A limitation on obligations
described in subparagraph (A)(ii) shall not apply to
any obligation under--
(i) section 125 of title 23, United States
Code; or
(ii) section 105 of title 23, United States
Code--
(I) for fiscal year 2010, only in
an amount equal to $639,000,000; and
(II) for the period beginning on
October 1, 2010, and ending on March
31, 2011, only in an amount equal to
$319,500,000.
(5) Limitation on obligations.--Notwithstanding any other
provision of law--
(A) for fiscal year 2010, funds authorized to be
appropriated under subsection (b) or this subsection
shall be subject to the limitation on obligations for
fiscal year 2009 under section 1102 of the Safe,
Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (119 Stat. 1157); and
(B) for the period beginning on October 1, 2010,
and ending on March 31, 2011, funds authorized to be
appropriated under subsection (b) or this subsection
shall be subject to a limitation on obligations equal
to \1/2\ of the limitation on obligations for fiscal
year 2009 under section 1102 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy
for Users (119 Stat. 1157).
(d) Extension and Flexibility for Certain Allocated Programs.--
(1) Fiscal year 2010.--Notwithstanding any other provision
of law, for fiscal year 2010, the portion of the share of funds
of a State under subsection (b)(1) determined by the amount
that the State received for fiscal year 2009 to carry out
sections 1301, 1302, 1307, 1702, and 1934 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1198, 1204, 1217, 1256, and 1485),
and section 144(f)(1) of title 23, United States Code, shall
be--
(A) made available to the State for programs
apportioned under sections 104(b) and 144 of title 23,
United States Code, and in the same proportion for each
such program that--
(i) the amount apportioned to the State for
that program for fiscal year 2009; bears to
(ii) the amount apportioned to the State
for fiscal year 2009 for all programs
apportioned under such sections of such Code;
and
(B) administered in the same manner and with the
same period of availability as such funding is
administered under such sections.
(2) Fiscal year 2011.--Notwithstanding any other provision
of law, for the period beginning on October 1, 2010, and ending
on March 31, 2011, the portion of the share of funds of a State
under subsection (b)(2) determined by \1/2\ of the amount that
the State received for fiscal year 2009 to carry out sections
1301, 1302, 1307, 1702, and 1934 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1198, 1204, 1217, 1256, and 1485) and section
144(f)(1) of title 23, United States Code, shall be--
(A) made available to the State for programs
apportioned under sections 104(b) and 144 of title 23,
United States Code, and in the same proportion for each
such program that--
(i) the amount apportioned to the State for
that program for fiscal year 2009; bears to
(ii) the amount apportioned to the State
for fiscal year 2009 for all programs
apportioned under such sections of such Code;
and
(B) administered in the same manner and with the
same period of availability as such funding is
administered under such sections.
(3) Additional funds.--
(A) In general.--No additional funds shall be
provided for any project or activity under subsection
(c), or paragraph (1) or (2) of this subsection, that
the Secretary of Transportation determines was
sufficiently funded before or during fiscal year 2009
to achieve the authorized purpose of the project or
activity.
(B) Reservation and redistribution of funds.--Funds
made available in accordance with paragraph (1) or (2)
of subsection (c) or paragraph (1) or (2) of this
subsection for a project or activity described in
subparagraph (A) shall be--
(i) reserved by the Secretary of
Transportation; and
(ii) redistributed to each State in
accordance with paragraph (1) or (2) of
subsection (c), or paragraph (1) or (2) of this
subsection, as appropriate, for use in carrying
out other highway projects and activities
extended by subsection (c) or this subsection,
in the proportion that--
(I) the total amount of funds made
available for fiscal year 2009 for
projects and activities described in
subparagraph (A) in the State; bears to
(II) the total amount of funds made
available for fiscal year 2009 for
those projects and activities in all
States.
(e) Extension of Authorizations Under Title V of SAFETEA-LU.--
(1) In general.--The programs authorized under paragraphs
(1) through (5) of section 5101(a) of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1779) shall be continued--
(A) for fiscal year 2010, at the funding levels
authorized for those programs for fiscal year 2009; and
(B) for the period beginning on October 1, 2010,
and ending on March 31, 2011, at \1/2\ the levels
authorized for those programs for fiscal year 2009.
(2) Distribution of funds.--Funds for programs continued
under paragraph (1) shall be distributed to major program areas
under those programs in the same proportions as funds were
allocated for those program areas for fiscal year 2009, except
that designations for specific activities shall not be required
to be continued for--
(A) fiscal year 2010; or
(B) the period beginning on October 1, 2010, and
ending on March 31, 2011.
(3) Additional funds.--
(A) In general.--No additional funds shall be
provided for any project or activity under this
subsection that the Secretary of Transportation
determines was sufficiently funded before or during
fiscal year 2009 to achieve the authorized purpose of
the project or activity.
(B) Distribution.--Funds that would have been made
available under paragraph (1) for a project or activity
but for the prohibition under subparagraph (A) shall be
distributed in accordance with paragraph (2).
(4) Limitation on obligations.--Notwithstanding any other
provision of law--
(A) for fiscal year 2010, funds authorized to be
appropriated under this subsection shall be subject to
the limitation on obligations for fiscal year 2009
under section 5102 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(119 Stat. 1780); and
(B) for the period beginning on October 1, 2010,
and ending on March 31, 2011, funds authorized to be
appropriated under this subsection shall be subject to
a limitation on obligations equal to \1/2\ of the
limitation on obligations for fiscal year 2009 under
section 5102 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(119 Stat. 1780).
SEC. 3. ADMINISTRATIVE EXPENSES.
(a) Authorization of Contract Authority.--Notwithstanding any other
provision of this Act or any other law, there are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account), from amounts provided under section 2, for administrative
expenses of the Federal-aid highway program--
(1) $422,425,000 for fiscal year 2010; and
(2) $217,023,500 for the period beginning on October 1,
2010, and ending on March 31, 2011.
(b) Contract Authority.--Funds authorized to be appropriated by
this section shall be--
(1) available for obligation, and shall be administered, in
the same manner as if such funds were apportioned under chapter
1 of title 23, United States Code; and
(2) subject to a limitation on obligations for Federal-aid
highways and highway safety construction programs, except that
such funds shall remain available until expended. | Surface Transportation Extension Act of 2009 - Authorizes appropriations out of the Highway Trust Fund (HTF) (other than the Mass Transit Account) for the federal-aid highway, surface transportation research, and transportation planning programs under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) for: (1) FY2010, with a limit on obligational authority for the programs equal to the total authorized for such programs for FY2009; and (2) the period from October 1, 2010, through March 31, 2011, with a limit on obligational authority for the programs equal to one-half of the total amount authorized for such programs for 2009. Sets forth certain exceptions to such limits.
Requires authorizations of appropriations for FY2010 and the period from October 1, 2010, through March 31, 2011, to be allocated to a state for certain federal-aid highway programs in the same proportion as the amount apportioned to the state for that program for FY2009 bears to amounts apportioned to the state for FY2009 for all programs.
Authorizes appropriations out of the HTF (other than the Mass Transit Account) for administrative expenses of the federal-aid highway program for FY2010 and the period from October 1, 2010, through March 31, 2011. | {"src": "billsum_train", "title": "An original bill to provide an extension of highway programs authorized under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users."} | 2,583 | 274 | 0.661898 | 2.077568 | 0.812693 | 3.331984 | 10.182186 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Stage Small Business
Contracting Act of 2012''.
SEC. 2. IN GENERAL.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding
at the end the following:
``SEC. 46. PROGRAM TO PROVIDE FEDERAL CONTRACTS TO EARLY STAGE SMALL
BUSINESSES.
``(a) Establishment.--The Administrator shall establish and carry
out a program in accordance with the requirements of this section to
provide improved access to Federal contract opportunities for early
stage small business concerns.
``(b) Procurement Contracts.--
``(1) In general.--In carrying out subsection (a), the
Administrator, in consultation with other Federal agencies,
shall identify procurement contracts of Federal agencies for
award under the program.
``(2) Contract awards.--Under the program established
pursuant to this section, the award of a procurement contract
of a Federal agency identified by the Administrator pursuant to
paragraph (1) shall be made by the agency to an eligible
program participant selected, and determined to be responsible,
by the agency.
``(3) Competition.--
``(A) Sole source.--A contracting officer may award
a sole source contract under this program if such
concern is determined to be a responsible contractor
with respect to performance of such contract
opportunity and the contracting officer does not have a
reasonable expectation that 2 or more early stage small
business concerns will submit offers for the
contracting opportunity and in the estimation of the
contracting officer, the contract award can be made at
a fair and reasonable price.
``(B) Restricted competition.--A contracting
officer may award contracts on the basis of competition
restricted to early stage small business concerns if
the contracting officer has a reasonable expectation
that not less than 2 early stage small business
concerns will submit offers and that the award can be
made at a fair market price.
``(4) Contract value.--Contracts shall be awarded under
this program if its value is greater than $3,000 and less than
half the upper threshold of section 15(j)(1) of the Small
Business Act.
``(c) Eligibility.--Only an early stage small business concern
shall be eligible to compete for a contract to be awarded under the
program. The Administrator shall certify that a small business concern
is an early stage small business concern, or the Administrator shall
approve a Federal agency, a State government, or a national certifying
entity to certify that the business meets the eligibility criteria of
an early stage small business concern.
``(d) Technical Assistance.--The Administrator shall provide early
stage small business concerns with technical assistance and counseling
with regard to--
``(1) applying for and competing for Federal contracts; and
``(2) fulfilling the administrative responsibilities
associated with the performance of a Federal contract.
``(e) Attainment of Contract Goals.--All contract awards made under
the program shall be counted toward the attainment of the goals
specified in section 15(g) of the Small Business Act.
``(f) Regulations.--The Administrator shall--
``(1) issue proposed regulations to carry out this section
not later than 180 days after the date of enactment of this
Act; and
``(2) issue final regulations to carry out this section not
later than 270 days after the date of enactment of this Act.
``(g) Report to Congress.--Not later than April 30, 2015, the
Administrator shall transmit to the Congress a report on the
performance of the program.
``(h) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Program.--The term `program' means a program
established pursuant to subsection (a).
``(2) Early stage small business concern.--The term `early
stage small business concern' means a small business concern
that--
``(A) has not more than 15 employees; and
``(B) has average annual receipts that total not
more than $1,000,000, except if the concern is in an
industry with an average annual revenue standard that
is less than $1,000,000, as defined by the North
American Industry Classification System.''.
SEC. 3. REPEAL OF SIMILAR PROGRAM.
Section 304 of the Small Business Administration Reauthorization
and Amendments Act of 1994 (15 U.S.C. 644 note) is repealed. | Early Stage Small Business Contracting Act of 2012 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish and carry out a program to provide increased access to federal contract opportunities for early stage small businesses (no more than 15 employees and average annual receipts of no more than $1 million). Requires the Administrator to identify appropriate federal procurement contracts for award under the program.
Allows a contracting officer to award: (1) a sole source contract under the program if an entity is determined to be a responsible contractor and the officer does not reasonably expect that two or more early stage businesses will submit offers, and (2) contracts on the basis of competition restricted to early stage businesses if the officer reasonably expects that at least two early stage businesses will submit offers and that the award can be made at a fair market price.
Requires all program contract awards to be counted toward goals for small business participation in federal procurement contracts. | {"src": "billsum_train", "title": "To provide for a program to provide Federal contracts to early stage small businesses, and for other purposes."} | 993 | 207 | 0.704268 | 1.923692 | 0.847639 | 3.227513 | 4.761905 | 0.888889 |
SECTION 1. CONVERSION OF PROPERTY AND FACILITIES AT CLOSED OR REALIGNED
MILITARY INSTALLATIONS INTO YOUTHFUL OFFENDER BOOT CAMPS.
(a) Bases Closed or Realigned Under 1990 Base Closure Law.--Section
2905 of the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by
adding at the end the following new subsection:
``(e) Priority for Conversion to Youthful Offender Boot Camps.--(1)
Notwithstanding subsection (b), before any action is taken with respect
to the disposal or transfer of any real property or facility located at
a military installation to be closed or realigned under this part, the
Secretary of Defense shall notify the State and each local government
in which the installation is located and other interested persons of
the suitability of the property or facility for conversion and use as a
youthful offender boot camp.
``(2) Subject to paragraph (3), the Secretary shall transfer
(without reimbursement) the property or facilities described in the
notification to the State, local government, or interested person if
the State, local government, or person certifies that the property or
facilities will be promptly converted to and used as a youthful
offender boot camp.
``(3) Any certification submitted under paragraph (2) must be
received by the Secretary not later than 180 days after the Secretary
provides the notification required by paragraph (1) and must include a
conversion and operating plan for the youthful offender boot camp. If
the Secretary receives more than one certification, the Secretary shall
select the recipient of the property or facility based upon the quality
and feasibility of the competing conversion and operating plans. In the
case of a certification submitted by a private person, the Secretary
may reject the certification and refuse to transfer the property or
facility concerned if--
``(A) the Secretary determines on the basis of the
conversion and operating plan that the person will likely be
unable to successfully convert or operate the proposed youthful
offender boot camp; or
``(B) the State or any local government in which the
installation is located opposes the transfer.
``(4) As used in this subsection, the term `youthful offender boot
camp' means a correctional facility operated as a military-style boot
camp to provide discipline, treatment, and work for adjudicated non-
violent offenders who are between the ages of 14 and 25, inclusive.''.
(b) Bases Closed or Realigned Under 1988 Base Closure Law.--(1)
Section 204 of the Defense Authorization Amendments and Base Closure
and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687
note) is amended by adding at the end the following new subsection:
``(d) Priority for Conversion to Youthful Offender Boot Camps.--(1)
Notwithstanding subsection (b), before any action is taken with respect
to the disposal or transfer of any real property or facility located at
a military installation to be closed or realigned under this title, the
Secretary of Defense shall notify the State and each local government
in which the installation is located and other interested persons of
the suitability of the property or facility for conversion and use as a
youthful offender boot camp
``(2) Subject to paragraph (3), the Secretary shall transfer
(without reimbursement) the property or facilities described in the
notification to the State, local government, or interested person if
the State, local government, or person certifies that the property or
facilities will be promptly converted to and used as a youthful
offender boot camp.
``(3) Any certification submitted under paragraph (2) must be
received by the Secretary not later than 180 days after the Secretary
provides the notification required by paragraph (1) and must include a
conversion and operating plan for the youthful offender boot camp. If
the Secretary receives more than one certification, the Secretary shall
select the recipient of the property or facility based upon the quality
and feasibility of the competing conversion and operating plans. In the
case of a certification submitted by a private person, the Secretary
may reject the certification and refuse to transfer the property or
facility concerned if--
``(A) the Secretary determines on the basis of the
conversion and operating plan that the person will likely be
unable to successfully convert or operate the proposed youthful
offender boot camp; or
``(B) the State or any local government in which the
installation is located opposes the transfer.
``(4) As used in this subsection, the term `youthful offender boot
camp' means a correctional facility operated as a military-style boot
camp to provide discipline, treatment, and work for adjudicated non-
violent offenders who are between the ages of 14 and 25, inclusive.''.
(c) Model Youthful Offender Boot Camp.--
(1) Development.--The Secretary of Defense, in consultation
with the Federal Bureau of Prisons and State and local
correctional agencies, shall develop a model program intended
to incorporate military basic training and other military
instruction and disciplinary procedures into the design and
operation of youthful offender boot camps at the Federal,
State, and local levels.
(2) Definition.--For purposes of this subsection, the term
``youthful offender boot camp'' means a correctional facility
operated as a military-style boot camp to provide discipline,
treatment, and work for adjudicated non-violent offenders who
are between the ages of 14 and 25, inclusive.
SEC. 2. GRANTS FOR BOOT CAMPS.
Subsection (a) of section 516 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3762b) is amended--
(1) by striking ``80'' and inserting ``40''; and
(2) by striking ``10'' the second place it appears and
inserting ``50''. | Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary of Defense, before any action is taken with respect to the disposal or transfer of real property at a military facility being closed or realigned, to notify the State and each local government in which the facility is located, as well as other interested persons, of the suitability of the property or facility for conversion and use as a youthful offender boot camp. Requires the State, local government, or interested party to whom such real property is so transferred to certify that the property or facilities will be promptly converted and used for such purpose.
Directs the Secretary to develop a model program intended to incorporate military basic training, instruction, and disciplinary procedures into the design and operation of youthful offender boot camps at the Federal, State, and local levels.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to reallocate between public agencies and private nonprofit organizations the percentage of grant funds authorized under such Act for correctional options that provide alternatives to traditional modes of incarceration and offender release programs. | {"src": "billsum_train", "title": "To amend the base closure laws to require the Secretary of Defense to transfer real property and facilities at military installations being closed or realigned to States and other entities that agree to convert the property and facilities into correctional facilities for youthful offenders to be operated as military-style boot camps and to require the Secretary to develop a program to promote the expanded use of such correctional facilities."} | 1,289 | 249 | 0.662072 | 2.133249 | 0.861519 | 4.319444 | 5.537037 | 0.856481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wool Suit and Textile Trade
Extension Act of 2004''.
SEC. 2. EXTENSION AND MODIFICATION OF DUTY SUSPENSION ON WOOL PRODUCTS,
WOOL RESEARCH FUND, WOOL DUTY REFUNDS.
(a) Extension of Temporary Duty Reductions.--
(1) Heading 9902.51.11.--Heading 9902.51.11 of the
Harmonized Tariff Schedule of the United States is amended--
(A) by striking ``2005'' and inserting ``2010'';
and
(B) by striking ``17.5%'' and inserting ``10%''.
(2) Heading 9902.51.12.--Heading 9902.51.12 of the
Harmonized Tariff Schedule of the United States is amended by
striking ``2005'' and inserting ``2010''.
(3) Heading 9902.51.13.--Heading 9902.51.13 of the
Harmonized Tariff Schedule of the United States is amended by
striking ``2005'' and inserting ``2010''.
(4) Heading 9902.51.14.--Heading 9902.51.14 of the
Harmonized Tariff Schedule of the United States is amended by
striking ``2005'' and inserting ``2010''.
(b) Modification of Limitation on Quantity of Imports.--
(1) Note 15.--U.S. Note 15 to subchapter II of chapter 99
of the Harmonized Tariff Schedule of the United States is
amended--
(A) by striking ``and'' after ``2002,''; and
(B) by striking ``year 2003'' and all that follows
through the end period and inserting the following:
``years 2003 and 2004, and 5,500,000 square meter
equivalents in calendar year 2005 and each calendar
year thereafter for the benefit of persons who cut and
sew men's and boys' worsted wool suits and suit-like
jackets and trousers in the United States, allocated as
required by section 501(e)(1) of the Trade and
Development Act of 2000.''.
(2) Note 16.--U.S. Note 16 to subchapter II of chapter 99
of the Harmonized Tariff Schedule of the United States is
amended--
(A) by striking ``shall be limited to 1,500,000''
and inserting ``shall be limited to--
``(1) 1,500,000'';
(B) by striking ``and'' after ``2002,''; and
(C) by striking ``year 2003'' and all that follows
through the end 5period and inserting the following:
``years 2003 and 2004, 5,000,000 square meter
equivalents in calendar year 2005 and each calendar
year thereafter for the benefit of persons who cut and
sew men's and boys' worsted wool suits and suit-like
jackets and trousers in the United States, allocated as
required by section 501(e)(1) of the Trade and
Development Act of 2000; and
``(b) 2,000,000 square meter equivalents in calendar year
2005 and each calendar year thereafter for the benefit of
manufacturers who weave worsted wool fabric in the United
States suitable for use in men's and boys' suits, allocated as
required by section 501(e)(2) of the Trade and Development Act
of 2000.''.
(3) Conforming amendments.--
(A) Sunset staged reduction requirement.--Section
501(a)(2) of the Trade and Development Act of 2000
(Public Law 106-200; 114 Stat. 299) is amended by
inserting before the period ``for goods entered, or
withdrawn from warehouse for consumption, before
January 1, 2005''.
(B) Allocation of tariff rate quotas.--Section
501(e) of the Trade and Development Act of 2000 (Public
Law 106-200; 114 Stat. 300) is amended--
(i) by striking ``In implementing'' and
inserting ``(1) In implementing'';
(ii) by striking ``16'' and inserting
``16(a)''; and
(iii) by adding at the end the following:
``(2) In implementing the limitation on the quantity of
worsted wool fabrics under heading 9902.51.12 of the Harmonized
Tariff Schedule of the United States, as required by U.S. Note
16(b) of subchapter II of chapter 99 of such Schedule, for the
entry, or withdrawal from warehouse for consumption, the
Secretary of Commerce shall adopt regulations to allocate
fairly such quantity to manufacturers who weave worsted wool
fabric in the United States suitable for use in men's and boys'
suits and who apply for an allocation.''.
(C) Sunset authority to modify limitation on
quantity.--Section 504(b) of the Trade and Development
Act of 2000 (Public Law 106-200; 114 Stat. 301) is
repealed, effective January 1, 2005.
(c) Extension of Duty Refunds and Wool Research Trust Fund.--
(1) In general.--The United States Customs Service shall
pay to each manufacturer that receives a payment during
calendar year 2005 under section 505 of the Trade and
Development Act of 2000 (Public Law 106-200; 114 Stat. 303), as
amended by section 5101 of the Trade Act of 2002 (116 Stat.
1041), and that provides an affidavit, no later than March 1 of
the year of the payment, that it remains a manufacturer in the
United States as of January 1 of the year of the payment, 5
additional payments, each payment equal to the payment received
for calendar year 2005 as follows:
(A) The first payment to be made after January 1,
2006, but on or before April 15, 2006.
(B) The second, third, fourth, and fifth payments
to be made after January 1, but on or before April 15,
of each of the following four calendar years.
(2) Successor-in-interest.--Any manufacturer that becomes a
successor-in-interest to a claimant of a payment under section
505 of the Trade and Development Act of 2000, as amended by
section 5101 of the Trade Act of 2002, because of--
(A) an assignment of the claim,
(B) an assignment of the original claimant's right
to manufacture under the same trade name,
(C) a reorganization,
or otherwise, shall be eligible to claim the payment as if the
successor manufacturer were the original claimant, without
regard to section 3727 of title 31, United States Code. Such
right to claim payment as a successor shall be effective as if
the right were included in section 505 of the Trade and
Development Act of 2000.
(3) Extension of wool research, development, and promotion
trust fund.--Section 506(f) of the Trade and Development Act of
2000 (Public Law 106-200; 114 Stat. 303), as amended by section
5102(c)(2) of the Trade Act of 2002 (116 Stat. 1047), is
amended by striking ``2006'' and inserting ``2011''.
(4) Commerce authority to promote domestic employment.--
(A) Grants to manufacturers of worsted wool
fabrics.--The Secretary of Commerce shall provide to--
(i) persons who were, during calendar years
1999, 2000, and 2001, manufacturers of worsted
wool fabric of the kind described in heading
9902.51.12 of the Harmonized Tariff Schedule of
the United States, and
(ii) persons who were, during such calendar
years, manufacturers of worsted wool fabric of
the kind described in heading 9902.51.11 of the
Harmonized Tariff Schedule of the United
States,
grants in each of calendar years 2005 through 2010 in
the amounts determined under subparagraph (B).
(B) Amounts.--(i) The total amount of grants to
manufacturers under subparagraph (A)(i) shall be
$2,666,000 each calendar year, allocated among such
manufacturers on the basis of the percentage of each
manufacturer's production of the fabric described in
heading 9902.51.12 of the Harmonized Tariff Schedule of
the United States for calendar years 1999, 2000, and
2001, compared to the production of such fabric by all
such manufacturers who qualify under subparagraph
(A)(i) for such grants.
(ii) The total amount of grants to manufacturers
under subparagraph (A)(ii) shall be $2,666,000 each
calendar year, allocated among such manufacturers on
the basis of the percentage of each manufacturer's
production of the fabric described in heading
9902.51.11 of the Harmonized Tariff Schedule of the
United States for calendar years 1999, 2000, and 2001,
compared to the production of such fabric by all
manufacturers who qualify under subparagraph (A)(ii)
for such grants.
(iii) Any grant awarded by the Secretary under this
paragraph shall be final and not subject to appeal or
protest.
(5) Authorization.--There are authorized to be appropriated
and are hereby appropriated out of amounts in the general fund
of the Treasury not otherwise appropriated such sums as are
necessary to carry out this subsection.
(d) Effective Date for Duty Reduction.--The amendment made by
subsection (a)(1)(B) shall apply to goods entered, or withdrawn from
warehouse for consumption, on or after January 1, 2005.
SEC. 3. LABELING OF WOOL PRODUCTS TO FACILITATE COMPLIANCE AND PROTECT
CONSUMERS.
(a) In General.--Section 4 of the Wool Products Labeling Act of
1939 (15 U.S.C. 68b(a)) is amended by adding at the end the following
new paragraph:
``(5) In the case of a wool product stamped, tagged,
labeled, or otherwise identified as--
``(A) `Super 80's' or `80's', if the average fiber
diameter thereof does not average 19.5 microns or
finer;
``(B) `Super 90's' or `90's', if the average fiber
diameter thereof does not average 19.0 microns or
finer;
``(C) `Super 100's' or `100's', if the average
fiber diameter thereof does not average 18.5 microns or
finer;
``(D) `Super 110's' or `110's', if the average
diameter of wool fiber thereof does not average 18.0
microns or finer;
``(E) `Super 120's' or `120's', if the average
diameter of wool fiber thereof does not average 17.5
microns or finer;
``(F) `Super 130's' or `130's', if the average
diameter of wool fiber thereof does not average 17.0
microns or finer;
``(G) `Super 140's' or `140's', if the average
diameter of wool fiber thereof does not average 16.5
microns or finer;
``(H) `Super 150's' or `150's', if the average
diameter of wool fiber thereof does not average 16.0
microns or finer;
``(I) `Super 160's' or `160's', if the average
diameter of wool fiber thereof does not average 15.5
microns or finer;
``(J) `Super 170's' or `170's', if the average
diameter of wool fiber thereof does not average 15.0
microns or finer;
``(K) `Super 180's' or `180's', if the average
diameter of wool fiber thereof does not average 14.5
microns or finer;
``(L) `Super 190's' or `190's', if the average
diameter of wool fiber thereof does not average 14.0
microns or finer;
``(M) `Super 200's' or `200's', if the average
diameter of wool fiber thereof does not average 13.5
microns or finer; and
``(N) `Super 210's' or `210's', if the average
diameter of wool fiber thereof does not average 13.0
microns or finer.
In each such case, the average fiber diameter may be subject to
a variation of 0.25 microns, and may be subject to such other
standards or deviations therefrom as adopted by regulation by
the Commission.''.
(b) Effective Date.--The amendments made by this section shall
apply to wool products manufactured on or after January 1, 2005. | Wool Suit and Textile Trade Extension Act of 2004 - Amends the Harmonized Tariff Schedule of the United States to extend the temporary duty suspensions on certain wool products through FY 2010. Reduces the temporary duty on certain worsted wool.
Modifies the limitation on the quantity of imported worsted wool fabrics through FY 2005.
Extends the: (1) duty refund required by the U.S. Customs Service to importing and nonimporting manufacturers of certain wool products during calendar year 2005; and (2) Wool Research, Development, and Promotion Trust Fund through December 31, 2010.
Requires the Secretary of Commerce to provide grants in FY 2005 through 2010 to manufacturers of certain worsted wool fabric.
Amends the Wool Products Labeling Act of 1939 to specify additional misbranded wool products. | {"src": "billsum_train", "title": "To amend the Harmonized Tariff Schedule of the United States relating to imports of certain wool products, and for other purposes."} | 2,837 | 167 | 0.56885 | 1.657066 | 0.757926 | 2.722222 | 16.888889 | 0.847222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Access to COBRA Act of 2011''.
SEC. 2. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.
(a) Qualified Beneficiary.--Section 4980B(g)(1)(A) of the Internal
Revenue Code of 1986 is amended--
(1) in clause (i), by striking ``or'' at the end thereof;
(2) in clause (ii), by striking the period and inserting a
comma; and
(3) by inserting after clause (ii), the following:
``(iii) as the domestic partner of the
employee, as such term is defined by the group
health plan, or
``(iv) as the dependent child of the
domestic partner (as defined in clause
(iii)).''.
(b) Special Rule for Retirees and Widows.--Section 4980B(g)(1)(D)
of the Internal Revenue Code of 1986 is amended by striking clauses (i)
through (iii), and inserting the following:
``(i) as the spouse or domestic partner
(described in subparagraph (A)(iii)) of the
covered employee,
``(ii) as the dependent child of the
covered employee or the covered employee's
domestic partner (described in clause (i)), or
``(iii) as the surviving spouse or
surviving domestic partner (described in clause
(i)) of the covered employee.''.
(c) Special Rule for Certain Bankruptcy Proceedings.--Section
4980B(f)(2)(B)(i)(III) of the Internal Revenue Code of 1986 is amended
by striking ``or dependent children of the covered employee'' and
inserting ``, surviving domestic partner (described in subsection
(g)(1)(A)(iii)), or dependent children of the covered employee or such
surviving domestic partner''.
(d) Qualifying Event.--Section 4980B(f)(3)(C) of the Internal
Revenue Code of 1986 is amended by inserting before the period the
following: ``, or the covered employee's domestic partner (described in
subsection (g)(1)(A)(iii)) ceasing to be such covered employee's
domestic partner under the terms of the group health plan''.
(e) Notice Requirements.--Section 4980B(f)(6)(A) of the Internal
Revenue Code of 1986 is amended by striking ``and spouse of the
employee (if any)'' and inserting ``and, if any, such covered
employee's qualified beneficiaries who are age 19 or older''.
SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.
(a) Qualified Beneficiary.--Section 607(3)(A) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1167(3)(A)) is
amended--
(1) in clause (i), by striking ``or'' at the end thereof;
(2) in clause (ii), by striking the period and inserting a
comma; and
(3) by inserting after clause (ii), the following:
``(iii) as the domestic partner of the
employee, as such term is defined by the group
health plan, or
``(iv) as the dependent child of the
domestic partner (as defined in clause
(iii)).''.
(b) Special Rule for Retirees and Widows.--Section 607(3)(C) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(3)(C))
is amended by striking clauses (i) through (iii) and inserting the
following:
``(i) as the spouse or domestic partner
(described in paragraph (3)(A)(iii)) of the
covered employee,
``(ii) as the dependent child of the
covered employee or the covered employee's
domestic partner (described in clause (i)), or
``(iii) as the surviving spouse or
surviving domestic partner (described in clause
(i)) of the covered employee.''.
(c) Special Rule for Certain Bankruptcy Proceedings.--Section
602(2)(A)(iii) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1162(2)(A)(iii)) is amended by striking ``or dependent
children of the covered employee'' and inserting ``, surviving domestic
partner (described in section 607(3)(A)(iii)), or dependent children of
the covered employee or such surviving domestic partner''.
(d) Qualifying Event.--Section 603(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1163) is amended by inserting
before the period the following: ``, or the covered employee's domestic
partner (described in section 607(3)(A)(iii)) ceasing to be such
covered employee's domestic partner under the terms of the group health
plan''.
(e) Notice Requirements.--Section 606(a)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1166(a)(1)) is
amended by striking ``and spouse of the employee (if any)'' and
inserting ``and, if any, such covered employee's qualified
beneficiaries who are age 19 or older''.
SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a) Qualified Beneficiary.--Section 2208(3)(A) of the Public Health
Service Act (42 U.S.C. 300bb-8(3)(A)) is amended--
(1) in clause (i), by striking ``or'' at the end thereof;
(2) in clause (ii), by striking the period and inserting a
comma; and
(3) by inserting after clause (ii), the following:
``(iii) as the domestic partner of the
employee, as such term is defined by the group
health plan, or
``(iv) as the dependent child of the
domestic partner (as defined in clause
(iii)).''.
(b) Qualifying Event.--Section 2203(3) of the Public Health Service
Act (42 U.S.C. 300bb-3(3)) is amended by inserting before the period
the following: ``, or the covered employee's domestic partner
(described in section 2208(3)(A)(iii)) ceasing to be such covered
employee's domestic partner under the terms of the group health plan''.
(c) Notice Requirements.--Section 2206(1) of the Public Health
Service Act (42 U.S.C. 300bb-6(1)) is amended by striking ``and spouse
of the employee (if any)'' and inserting ``and, if any, such covered
employee's qualified beneficiaries who are age 19 or older''.
SEC. 5. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall apply with respect to plan years
beginning after 180 days after the date of the enactment of this Act.
(b) Special Rule for Collective Bargaining Agreements.--In the case
of a group health plan maintained pursuant to one or more collective
bargaining agreements between employee representatives and one or more
employers ratified before the date of the enactment of this Act, the
amendments made by this Act shall not apply to plan years beginning
before the earlier of--
(1) the date on which the last of the collective bargaining
agreements relating to the plan terminates (determined without
regard to any extension thereof agreed to after the date of the
enactment of this Act); or
(2) 3 years after the date of the enactment of this Act.
For purposes of paragraph (1), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement added by this Act shall not
be treated as a termination of such collective bargaining agreement. | Equal Access to COBRA Act of 2011 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act (ERISA), and Public Health Service Act to expand COBRA coverage (health insurance continuation benefits) to include an employee's domestic partner and any dependent child of the domestic partner. | {"src": "billsum_train", "title": "To provide for equal access to COBRA continuation coverage."} | 1,891 | 62 | 0.493197 | 1.137746 | 0.780987 | 2.892857 | 27.053571 | 0.821429 |
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