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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legal Tender Modernization Act''.
SEC. 2. REDESIGN AND ISSUANCE OF COMMEMORATIVE CIRCULATING $2 FEDERAL
RESERVE NOTES.
(a) In General.--Notwithstanding the authority of the Secretary of
the Treasury under the 8th undesignated paragraph of section 16 of the
Federal Reserve Act, during the 5-year period beginning January 1,
2003, $2 Federal reserve notes issued or otherwise placed into
circulation by any Federal reserve bank shall have such designs and be
in such form and tenor as the Secretary may select in accordance with
this section.
(b) Issuance of New Design Each Year.--A new design shall be
selected for $2 Federal reserve notes issued or otherwise placed into
circulation by any Federal reserve bank during each year of the 5-year
period referred to in subsection (a).
(c) Selection of Design.--
(1) In general.--Each of the 5 designs required under this
section for $2 Federal reserve notes shall--
(A) be emblematic of the history of the United
States; and
(B) be selected by the Secretary of the Treasury,
after consultation with the Commission of Fine Arts.
(2) Prohibition on certain representations.--No portrait of
a living person may be included in the design of any $2 Federal
reserve note under this subsection.
(d) Production.--Except as provided in subsection (a), the 8th
undesignated paragraph of section 16 of the Federal Reserve Act shall
apply to all $2 Federal reserve notes to which this section applies.
(e) Return to Other Design.--After the end of the 5-year period
referred to in subsection (a), the $2 Federal reserve note shall bear
such design, and be in such form and tenor, as the Secretary of the
Treasury may determine to be appropriate in accordance with the 8th
undesignated paragraph of section 16 of the Federal Reserve Act, except
that, in making any such determination, the Secretary shall take into
account the 5 designs selected for such 5-year period and shall give
such designs priority in making the final determination.
SEC. 3. CASH TRANSACTION ROUNDING.
(a) Rounding of Cash Transaction Values to Nearest 5 Cents
Required.--Notwithstanding any other provision of law, any person
selling goods or services shall determine the total transaction value
of such goods or services in the following manner:
(1) Total transaction values.--The transaction values of
goods and services shall be totaled, any discount or deduction
therefor made, and sales tax or other tax imposed, if any,
added to that total in accordance with the law of the State in
which such goods or services are sold.
(2) Rounding.--
(A) Rounding down.--If 1 cent, 2 cents, 6 cents, or
7 cents shall be contained in the resulting sum, that
sum shall be rounded down to the nearest amount
divisible by 5 for those individuals seeking to make
payment with legal tender.
(B) Rounding up.--If 3 cents, 4 cents, 8 cents, or
9 cents shall be contained in the resulting sum, that
sum shall be rounded up to the nearest amount divisible
by 5 for any person seeking to make payment with legal
tender.
(b) Exception.--The provisions of subsection (a)(2) shall not apply
to--
(1) transactions the total amount of which is 2 cents or
less, or
(2) transactions for which payment is made by any demand or
negotiable instrument, electronic fund transfer, money order,
credit card, or other like instrument.
(c) No Effect on Legal Tender.--All coins and currencies of the
United States, regardless of when coined, printed, or issued, shall
continue to be legal tender for all debts, public and private, public
charges, taxes, duties, and dues, in accordance with law.
(d) Coordination With Certain State or Local Tax Laws.--Any tax
imposed by any State or municipal taxing authority shall not apply to
gains or losses resulting from rounding.
(e) Numismatic Items.--The Secretary of the Treasury may produce so
many one-cent pieces as the Secretary determines are sufficient to
include in uncirculated sets, proof sets, and other collector sets as,
from time to time, the Secretary shall determine.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section shall take effect at the end of the 180-day period
beginning on the date of the enactment of this Act.
(2) Delayed effective date.--If the end of the 180-day
period referred to in paragraph (1) occurs during the 3-month
period beginning on November 1 of any year, this section shall
take effect on February 1 of the year immediately following
such year.
(g) Rule of Construction.--No provision of this section shall be
construed as evidence of any intention to eliminate the pricing of
goods or services to the nearest cent or mill or to alter the amount of
sales tax collected or paid to any State or municipal taxing authority.
SEC. 4. PRODUCTION OF DOCUMENTS FOR FOREIGN GOVERNMENTS.
(a) In General.--Section 5114(a) of title 31, United States Code
(relating to engraving and printing currency and security documents) is
amended--
(1) by striking ``(a) The Secretary of the Treasury'' and
inserting:
``(a) Authority To Engrave and Print.--
``(1) In general.--The Secretary of the Treasury''; and
(2) by adding at the end the following new paragraph:
``(2) Engraving and printing for foreign governments.--The
Secretary of the Treasury may, if the Secretary determines that
it will not interfere with engraving and printing needs of the
United States--
``(A) produce currency, postage stamps, and other
security documents for foreign governments, subject to
a determination by the Secretary of State that such
production would be consistent with the foreign policy
of the United States; and
``(B) produce security documents for States and
their political subdivisions.''.
(b) Payment for Services.--Section 5143 of title 31, United States
Code (relating to payment for services of the Bureau of Engraving and
Printing) is amended--
(1) in the 1st sentence, by inserting ``, any foreign
government, any State, or any political subdivision of any
State'' after ``agency''; and
(2) in the last sentence, by inserting ``, foreign
government, State, or political subdivision of a State'' after
``agency''.
SEC. 5. CLARIFICATION OF EXISTING LAW REGARDING INCLUSION OF
SEIGNIORAGE IN BUDGET.
The 9th proviso of section 522 of Public Law 104-52 (31 U.S.C.
5136) is amended by inserting ``and such amount shall be included as an
estimated receipt of the Government and a receipt of the Government
under paragraphs (6) and (7), respectively, of section 1105(a) of title
31, United States Code, in any budget submitted under such section''
before the colon after ``miscellaneous receipts''.
SEC. 6. REDESIGN OF $1 FEDERAL RESERVE NOTE PROHIBITED.
Notwithstanding the authority of the Secretary of the Treasury
under the 8th undesignated paragraph of section 16 of the Federal
Reserve Act, the Secretary may not select or approve any new design
for, or implement any change in the design of, $1 Federal reserve notes
after the date of the enactment of this Act. | Legal Tender Modernization Act - Mandates that: (1) during the five-year period beginning January 1, 2003, two-dollar Federal reserve notes placed into circulation by any Federal reserve bank shall have such designs and be in such form and tenor as the Secretary of the Treasury may select; and (2) a new design shall be selected during each year of such five-year period. Prohibits the portrait of any living person from being included in such designs.Prescribes guidelines for rounding cash transaction values to the nearest five cents. Exempts transactions for which payment is made by demand or negotiable instrument, electronic fund transfer, money order, credit card, or other like instrument. States that all coins and currencies of the United States shall continue to be legal tender.Amends Federal law relating to engraving and printing currency and security documents to authorize the Secretary to produce: (1) currency, postage stamps, and other security documents for foreign governments; and (2) security documents for States and their political subdivisions.Amends Federal law governing the United States Mint Public Enterprise Fund to provide that any amounts in such Fund determined to be excess shall be included as an estimated Government receipt in the President's annual submission of the budget to Congress.Prohibits the Secretary from selecting or approving any new design for, or implementing any change in the design of, one-dollar Federal reserve notes. | {"src": "billsum_train", "title": "To modernize the legal tender of the United States, and for other purposes."} | 1,690 | 297 | 0.60535 | 1.810239 | 0.843502 | 4.033582 | 5.712687 | 0.884328 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Everson Walls and Ron Springs Gift
for Life Act of 2011''.
SEC. 2. NATIONAL ORGAN AND TISSUE DONOR REGISTRY RESOURCE CENTER.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting after section 371A the following:
``SEC. 371B. NATIONAL ORGAN AND TISSUE DONOR REGISTRY RESOURCE CENTER.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, shall establish a
National Organ and Tissue Donor Registry Resource Center (referred to
in this section as the `Center').
``(b) Duties.--The Center shall--
``(1) advance the development, expansion, and evaluation of
State organ and tissue donor registries;
``(2) facilitate timely access to and exchange of accurate
donor information between State registries 7 days each week on
a 24-hour basis;
``(3) ensure that State organ and tissue donor registries
funded through section 371C are in compliance with the
requirements described in such section, including the operating
standards described in section 371C(d);
``(4) provide technical assistance to States for the
establishment and operation of State organ and tissue
registries; and
``(5) maintain a registry information clearinghouse,
including by maintaining a Web site, to collect, synthesize,
and disseminate best practices information about organ and
tissue donor registries.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2012 through 2016.''.
SEC. 3. GRANTS FOR STATE ORGAN AND TISSUE DONOR REGISTRIES.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting after section 371B, as inserted by
section 2, the following:
``SEC. 371C. GRANTS FOR STATE ORGAN AND TISSUE DONOR REGISTRIES.
``(a) Program Authorized.--The Secretary shall award grants or
cooperative agreements to eligible entities to support the development,
enhancement, expansion, and evaluation of State organ and tissue donor
registries.
``(b) Definition.--In this section, the term `eligible entity'
means a State agency or a State contracted entity.
``(c) Use of Funds.--As a condition on the receipt of a grant or
cooperative agreement under this section, an eligible entity shall
agree to use the grant or cooperative agreement--
``(1) to develop, expand, or maintain a State organ and
tissue donor registry; and
``(2) to establish benchmarks for improvement in organ and
tissue donation in the State.
``(d) Operating Standards.--As a condition on the receipt of a
grant or cooperative agreement under this section for a State organ and
tissue donor registry, an eligible entity shall agree to maintain the
registry in accordance with the following:
``(1) The registry must allow a donor or any other person
authorized by the donor to include in the registry a statement
or symbol that the donor has made, amended, or revoked an
anatomical gift.
``(2) The registry must be accessible to any qualified
organ procurement organization described in section 371(b) to
allow the organization to obtain relevant information on the
registry to determine, at or near the death of the donor or a
prospective donor, whether the donor or prospective donor has
made, amended, or revoked an anatomical gift.
``(3) The registry must be accessible as described in
paragraphs (1) and (2) 7 days each week on a 24-hour basis.
``(4) The registry must ensure that personally identifiable
information on the registry about a donor or prospective donor
may not be used or disclosed without the express consent of the
donor or prospective donor for any purpose other than to
determine, at or near the death of the donor or prospective
donor, whether the donor or prospective donor has made,
amended, or revoked an anatomical gift.
``(e) Application.--To seek a grant or cooperative agreement under
this section, 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.
``(f) Report.--As a condition on the receipt of a grant or
cooperative agreement under this section, not later than 180 days after
receipt of the grant or cooperative agreement, and every 180 days
thereafter (through the date of completion of the activities funded
through the grant or cooperative agreement), an eligible entity shall
prepare and submit a report to the Secretary that--
``(1) describes the manner in which such entity has used
amounts received through the grant or cooperative agreement;
and
``(2) assesses initiatives that may be replicated in other
States.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2012 through 2016.''.
SEC. 4. LIMITATION ON LIABILITY.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting after section 371C, as inserted by
section 3, the following:
``SEC. 371D. LIMITATION ON LIABILITY.
``No person may be held civilly liable by reason of having
harvested or taken an individual's organs or tissues without having
obtained valid consent for the harvesting or taking, if--
``(1) such person has verified that, at the time of the
harvesting or taking, the individual is registered as a donor
with a State organ and tissue donor registry; and
``(2) the harvesting or taking is within the scope of the
consent given by such individual for purposes of such
registration.''.
SEC. 5. STUDY ON FEASIBILITY OF ESTABLISHING A LIVING DONOR DATABASE.
Section 371A of the Public Health Service Act (42 U.S.C. 273a) is
amended--
(1) by striking ``The Secretary may establish'' and
inserting ``(a) In General.--The Secretary may establish''; and
(2) by adding at the end the following:
``(b) Study.--Not later than 1 year after the date of the enactment
of the Everson Walls and Ron Springs Gift for Life Act of 2011, the
Comptroller General of the United States shall--
``(1) complete a study to determine the feasibility of
establishing a living donor database for the purpose of
tracking the short- and long-term health effects for such
donors associated with living organ donation; and
``(2) submit a report to the Congress on the results of
such study.''. | Everson Walls and Ron Springs Gift for Life Act of 2011 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS), acting through the Administrator of the Health Resources and Services Administration, to establish a National Organ and Tissue Donor Registry Resource Center, which shall: (1) advance the development, expansion, and evaluation of state organ and tissue donor registries; (2) facilitate timely access to, and the exchange of accurate donor information between, such registries; (3) ensure that registries funded through this Act comply with applicable requirements; (4) provide technical assistance to states for such registries; and (5) maintain a registry information clearinghouse to collect, synthesize, and disseminate best practices information.
Requires the Secretary to award grants or cooperative agreements to states for the development, enhancement, expansion, and evaluation of organ and tissue donor registries. Sets forth requirements for registries, including that such registries: (1) allow a donor to include a statement or symbol that the donor has made, amended, or revoked an anatomical gift; (2) allow organ procurement organizations to access that information, at or near the donor's death; and (3) bar the use or disclosure of personally identifiable information for any other purpose without the donor's consent.
Prohibits any person from being held civilly liable for having harvested or taken an individual's organs or tissues without obtaining valid consent if: (1) such person verified that the individual was registered as a donor with a state organ and tissue donor registry, and (2) the harvesting or taking was within the scope of the consent given for purposes of such registration.
Directs the Comptroller General to report on the feasibility of establishing a living donor database to track health effects for donors associated with living organ donation. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish a National Organ and Tissue Donor Registry Resource Center, to authorize grants for State organ and tissue donor registries, and for other purposes."} | 1,553 | 393 | 0.686719 | 2.034173 | 0.812414 | 4.798295 | 3.957386 | 0.940341 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Partnership for
Children and Families Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents; references.
TITLE I--EXPANDED ELIGIBILITY FOR ADOPTION ASSISTANCE AND FOSTER CARE
Sec. 101. Adoption assistance.
Sec. 102. Foster care maintenance payments.
TITLE II--CHILD WELFARE REINVESTMENT FUNDING
Sec. 201. Child welfare reinvestment funding.
TITLE III--EFFECTIVE DATES
Sec. 301. Effective dates.
(c) References.--Except as otherwise expressly provided, wherever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the amendment
or repeal shall be considered to be made to a section or other
provision of the Social Security Act.
TITLE I--EXPANDED ELIGIBILITY FOR ADOPTION ASSISTANCE AND FOSTER CARE
SEC. 101. ADOPTION ASSISTANCE.
Section 473(a) (42 U.S.C. 673(a)) is amended by striking paragraph
(2) and inserting the following:
``(2)(A) For the purposes of paragraph (1)(B)(ii), a child
meets the requirements of this paragraph if the child--
``(i)(I) at the time of the adoption proceedings
were initiated, had been removed from his or her home--
``(aa) pursuant to a voluntary placement
agreement with respect to which Federal
payments are made under section 474; or
``(bb) as a result of a judicial
determination to the effect that continuation
therein would be contrary to the welfare of the
child, including such determination made on
account of a voluntary relinquishment;
``(II) was residing in a foster family home or in a
child care institution with the child's minor parent as
described in section 475(4)(B); and
``(ii) has been determined by the State, pursuant
to subsection (c) to be a child with special needs.
``(B) A child who meets the requirements of subparagraph
(A)(ii), who was determined eligible for adoption assistance
payments under this part with respect to a prior adoption, and
who is available for adoption because the prior adoption has
been dissolved and the parental rights of the parents have been
terminated or because the adoptive parents have died, shall be
treated as meeting the requirements of this paragraph for the
purposes of paragraph (1)(B)(ii).''.
SEC. 102. FOSTER CARE MAINTENANCE PAYMENTS.
(a) Elimination of Income Eligibility Requirement.--Section 472(a)
(42 U.S.C. 672(a)) is amended--
(1) in paragraph (1), by striking ``if'' and all that
follows and inserting ``if the removal and foster care
placement met, and the placement continues to meet, the
requirements of paragraph (2).''; and
(2) by striking paragraphs (3) and (4).
(b) Conforming Amendment.--Section 470 (42 U.S.C. 670) is amended
by striking ``who otherwise would have been eligible for assistance
under the States plan approved under part A (as such plan was in effect
on June 1, 1995)''.
TITLE II--CHILD WELFARE REINVESTMENT FUNDING
SEC. 201. CHILD WELFARE REINVESTMENT FUNDING.
Section 474 (42 U.S.C. 674) is amended by adding at the end the
following:
``(g) Child Welfare Reinvestment Fund.--
``(1) In general.--Each State with a plan approved under
this part for a fiscal year may submit to the Secretary an
application to--
``(A) receive foster care maintenance payment
savings achieved by reducing the total number of days
children in the State experience in foster care during
the fiscal year; and
``(B) use the savings to--
``(i) provide to children in the State
family preservation services, family support
services, time-limited family reunification
services and adoption promotion and support
services, as such terms are defined in section
431(a); and
``(ii) train the staff of State and local
child welfare agencies, of child welfare
service providers, or of providers of related
services aimed at keeping children in their
homes, on effective practices relating to the
provision of any service referred to in this
subparagraph.
``(2) Contents of application.--An application submitted by
a State pursuant to this subsection shall contain--
``(A) an estimate of the the total number of
placement days the State will experience for the fiscal
year covered by the application, and a detailed
description of the methodology used to make the
estimate;
``(B) a plan which--
``(i) sets forth a detailed description of
how any amount paid to the State under this
subsection would be used as described in
paragraph (1)(B) of this subsection;
``(ii) contains the assurances described in
section 422(b)(8);
``(iii) does not impair the entitlement of
any qualified child or family to benefits under
the State plan approved under this part; and
``(iv) is consistent with any corrective
action plan that the State may be implementing
pursuant to section 1123A; and
``(C) such other information as the Secretary may
require.
``(3) Approval of applications.--Beginning October 1, 2008,
the Secretary may approve an application submitted by a State
pursuant to this subsection if--
``(A) the State and the Secretary have agreed on
the State's estimate of the total number of placement
days the State will experience for the fiscal year
covered by the application; and
``(B) the approval of the application would not--
``(i) result in the State violating any
assurances made by the State pursuant to
section 422(b)(8); or
``(ii) result in the impairment of the
entitlement of any qualified child or family to
benefits under the State plan approved under
this part.
``(4) Payments to states.--
``(A) In general.--In addition to any other payment
under this part for a fiscal year for which a State
application under this subsection is approved by the
Secretary, the State shall be entitled to receive from
the Secretary an amount equal to the lesser of--
``(i) the foster care maintenance payment
savings achieved by the State for the fiscal
year; or
``(ii) the Federal medical assistance
percentage (as defined in section 1905(b)) of
the total of the amounts expended by the State
during the fiscal year to carry out any
activity described in the application pursuant
to paragraph (2)(B)(i) of this subsection and
with respect to which amounts the State is not
otherwise entitled to receive a payment from
the Federal Government.
``(B) Determination of savings.--
``(i) In general.--For purposes of
subparagraph (A)(i), the foster care
maintenance payment savings achieved by a State
for a fiscal year shall be an amount equal to--
``(I) the foster care maintenance
unit cost of the State for the fiscal
year; multiplied by
``(II) the amount (if any) by which
the number of placement days estimated
by the State for the fiscal year
pursuant to paragraph (3)(A) exceeds
the number of placement days
experienced by the State during the
fiscal year.
``(ii) Definitions.--In this subsection:
``(I) Foster care maintenance unit
cost.--The term `foster care
maintenance unit cost' means, with
respect to a State and a fiscal year--
``(aa) the total amount
payable to the State under
subsection (a)(1) for the
preceding fiscal year; divided
by
``(bb) the total number of
placement days experienced by
the State in the preceding
fiscal year.
``(II) Placement day.--The term
`placement day' means, with respect to
a State, a calendar day during all or
part of which a child (whether or not
eligible for foster care maintenance
payments under section 472(a)), other
than a child who has been determined to
be delinquent and is the subject of an
agreement referred to in section
472(a)(2), has been removed from his
home and placed into a family foster
home, child care institution, or the
home of a relative of the child
(whether or not a foster care
maintenance payment is made on behalf
of the child to the family foster home,
child care institution, or relative),
and during which the State retains
legal responsibility for the placement
and care of the child.
``(C) Timing.--The Secretary shall make the payment
to which a State is entitled under this subsection for
a fiscal year, at the end of the fiscal year.
``(5) Use of funds.--
``(A) In general.--A State to which funds are paid
under this subsection may use the funds only in
accordance with the approved application of the State
under this subsection.
``(B) Limitation on use for staff costs.--A State
may not use any funds paid to the State under this
subsection to cover the salaries or related costs of
any staff of any State or local child welfare agency,
except to the extent the staff are directly engaged in
carrying out an activity referred to in paragraph
(4)(A)(ii).
``(6) Availability of funds.--Funds paid to a State under
paragraph (4) shall remain available to the State for
expenditure through the end of the 5th fiscal year ending after
the date paid.
``(7) Report.--As soon as practicable after each fiscal
year for which a State has received funds under this part, the
State shall prepare and submit to the Secretary a written
report on the services provided through use of the funds, and
the effects of the provision of the services on the outcomes of
children in the State.''.
TITLE III--EFFECTIVE DATES
SEC. 301. EFFECTIVE DATES.
(a) Adoption Assistance.--The amendment made by section 101 shall
take effect on October 1, 2008, and shall apply to adoption assistance
agreements executed on or after that date.
(b) Foster Care Maintenance Payments.--The amendments made by
section 102 shall take effect on October 1, 2008, and shall apply to
children removed from their home and placed into foster care on or
after that date.
(c) Child Welfare Reinvestment Funding.--The amendment made by
section 201 shall take effect on October 1, 2008. | Partnership for Children and Families Act - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to revise the eligibility requirements for adoption assistance and foster care maintenance payments, eliminating certain income criteria.
Allows each state with an approved part E plan to apply to the Secretary of Health and Human Services to: (1) receive foster care maintenance payment savings achieved (in a "child welfare reinvestment fund") by reducing the total number of days children in the state experience in foster care during the fiscal year; and (2) use the savings to provide children with family preservation services, family support services, time-limited family reunification services, and adoption promotion and support services, and to train the staff of state and local child welfare agencies in effective service practices. | {"src": "billsum_train", "title": "A bill to provide States with the incentives, flexibility and resources to develop child welfare services that focus on improving circumstances for children, whether in foster care or in their own homes."} | 2,449 | 169 | 0.495364 | 1.267915 | 0.785698 | 3.455128 | 14.070513 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Literacy for Financial Aid
Act''.
SEC. 2. ONLINE COUNSELING TOOLS.
(a) Option for Institutions of Higher Education.--Section
485(l)(1)(A)(ii) of the Higher Education Act of 1965 (20 U.S.C.
1092(l)(1)(A)(ii)) is amended--
(1) in subclause (II), by striking ``or'' at the end;
(2) in subclause (III), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(IV) through the use of the
online counseling tool described in
subsection (n).''.
(b) Requirements for Secretary of Education.--Section 485 of the
Higher Education Act of 1965 (20 U.S.C. 1092) is further amended by
adding at the end the following:
``(n) Online Counseling Tools.--
``(1) In general.--Beginning not later than 1 year after
the date of the enactment of the Financial Literacy for
Financial Aid Act, the Secretary shall maintain an online
counseling tool that--
``(A) provides the entrance counseling required
under subsection (l); and
``(B) meets the applicable requirements of this
subsection.
``(2) Requirements of tools.--In maintaining the online
counseling tool described in paragraph (1), the Secretary shall
ensure that the tool is--
``(A) consumer tested, in consultation with other
relevant Federal agencies, to ensure that the tool is
effective in helping individuals understand the
information described in subsection (l)(2);
``(B) interactive and tests the borrower's
understanding of the information described in
subsection (l)(2);
``(C) understandable to borrowers of loans made
under part D;
``(D) effective in providing instruction in general
financial literacy in accordance with paragraph (3) of
this subsection; and
``(E) freely available to all eligible
institutions.
``(3) General principles of financial literacy.--The
Secretary shall ensure that the online counseling tool provides
instruction in general principles of financial literacy,
including the following:
``(A) Personal income.--An explanation of--
``(i) how to identify various types of
income and expenses;
``(ii) gross and net pay and how to read a
paycheck stub; and
``(iii) how to craft financial goals.
``(B) Taxes.--An explanation of--
``(i) the history of taxes;
``(ii) the purpose and uses of taxes; and
``(iii) how to differentiate between types
of taxes.
``(C) Retirement.--An explanation of--
``(i) the importance of planning for
retirement;
``(ii) retirement strategies to achieve
financial goals;
``(iii) how to differentiate among the
types of investment vehicles for retirement;
and
``(iv) how to assess overall financial
situation in determining retirement needs.
``(D) Spending plans and banking resources.--An
explanation of--
``(i) the benefits of transaction and
savings accounts;
``(ii) how compound interest helps saved
money grow; and
``(iii) how to define and create a spending
plan.
``(E) Credit cards.--An explanation of--
``(i) how to define and calculate the cost
of borrowing;
``(ii) the difference between good debt and
bad debt;
``(iii) credit cards and how to evaluate
credit card offers;
``(iv) consumer credit rights; and
``(v) credit scores.
``(F) Financial recovery and giving back.--An
explanation of--
``(i) how to assess financial health;
``(ii) how to budget;
``(iii) how to find ways to reduce expenses
or increase income;
``(iv) the difference between credit repair
and credit consolidation;
``(v) the importance of charitable giving;
and
``(vi) how to define future financial
goals.
``(4) Record of counseling completion.--The Secretary shall
use the online counseling tool described in paragraph (1) to
keep a record of which individuals have received counseling
using the tool, and notify the applicable institutions of the
individual's completion of such counseling.''.
SEC. 3. REPORT.
Not later than 2 years after the date of the enactment of this Act,
and not less than once every 3 years thereafter, the Secretary shall
submit to the Committee on Education and the Workforce of the House of
Representatives, and the Committee on Health, Education, Labor, and
Pensions of the Senate, a written report that includes an evaluation of
the effectiveness of the instruction in general principles of financial
literacy described in section 485(n)(3) of the Higher Education Act of
1965 (20 U.S.C. 1092(n)(3)), as added by this Act. | Financial Literacy for Financial Aid Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Department of Education to maintain a consumer-tested online counseling tool that provides required entrance counseling to a student who is a first-time federal student loan borrower. | {"src": "billsum_train", "title": "Financial Literacy for Financial Aid Act"} | 1,129 | 65 | 0.570762 | 1.40266 | 0.234785 | 2.25 | 18.803571 | 0.75 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal Industry Retiree Health Equity
Act''.
SEC. 2. REDUCTION IN CONTRIBUTIONS OF ELIGIBLE SMALL ASSIGNED OPERATORS
TO COAL MINERS COMBINED BENEFIT FUND.
(a) In General.--Part II of subchapter B of chapter 99 of the
Internal Revenue Code of 1986 (relating to financing of Combined
Benefit Fund) is amended by inserting after section 9704 the following
new section:
``SEC. 9704A. REDUCTIONS IN ANNUAL PREMIUMS OF ELIGIBLE SMALL ASSIGNED
OPERATORS.
``(a) General Rule.--The annual premium of an assigned operator
under section 9704(a) shall, in the case of an eligible small assigned
operator, be reduced as provided in subsection (b).
``(b) Reductions for Eligible Small Assigned Operators.--
``(1) In general.--If this subsection applies to an
eligible small assigned operator for any plan year of the
Combined Fund, the annual premium under section 9704(a) for
such operator for such plan year shall not exceed 5 percent of
the operator's average annual taxable income for purposes of
chapter 1 for the 5-taxable year period ending with the
operator's most recent taxable year ending before the beginning
of the plan year.
``(2) Credit for overpayments.--To the extent that an
eligible small assigned operator has paid annual premiums in
excess of such premiums required by paragraph (1) for plan
years beginning before the date of the enactment of this
section, any annual premiums owed by such operator on or after
October 1, 1996 (after the application of paragraph (1)) shall
be reduced (but not below zero) by the amount of such excess.
``(b) Years to Which Section Applies.--
``(1) In general.--This section shall apply to any plan
year of the Combined Fund which begins after January 31, 1993
and before October 1, 2003.
``(2) Coordination.--This section shall not apply to any
eligible small assigned operator for any plan year for which no
annual premium is imposed on such operator.
``(c) Eligible Small Assigned Operators.--For purposes of this
section--
``(1) In general.--The term `eligible small assigned
operator' means any assigned operator--
``(A) the average annual gross income of which for
purposes of chapter 1 for the 5-taxable year period
ending with the operator's most recent taxable year
ending before October 1, 1993, did not exceed
$25,000,000, and
``(B) which is not engaged in the production of
coal for the plan year for which the determination is
being made.
For purposes of this subparagraph, production by a related
person shall be treated as production by the assigned operator.
``(2) Production of coal.--For purposes of paragraph (1),
an assigned operator or related person shall be treated as
engaged in the production of coal if it has employed employees
in--
``(A) the extraction of coal, or
``(B) the preparation, processing, or changing of
coal for sale.
``(d) Aggregation Rules.--In determining gross income or taxable
income for purposes of this section, an assigned operator and any
related persons shall be treated as 1 person.
``(e) Overall Limitation.--
``(1) In general.--In no event shall the total reductions
in annual premiums payable to the Combined Fund under this
section for any plan year exceed $5,000,000.
``(2) Calculation of reductions.--For purposes of paragraph
(1), the total reductions in annual premiums for any plan year
shall not include any reductions under this section in premiums
payable by an eligible small assigned operator who, prior to
the date of the enactment of this section, has not paid at
least 50 percent of the premiums assessed such assigned
operator for the period October 1, 1993, through September 30,
1996.''
(b) Conforming Amendment.--The table of sections for part II of
subchapter B of chapter 99 of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section 9704 the
following new item:
``Sec. 9704A. Reductions in annual premiums of eligible small
assigned operators.''
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after January 31, 1993.
SEC. 3. WAIVER OF PENALTIES.
(a) In General.--In the case of an eligible small assigned operator
(as defined in section 9704A(c) of the Internal Revenue Code of 1986,
as added by section 2), no penalty shall be imposed under section 9707
of such Code on any failure of such operator to pay any installment of
a premium due under section 9704 of such Code before January 1, 1997,
if the operator pays such installment before such date. For purposes of
this subsection, the amount of the installment shall be determined
after application of the amendments made by section 2.
(b) Compliance.--An operator shall not be treated as failing to
meet the requirements of subsection (a) with respect to any installment
if--
(1) the failure to pay the installment before January 1,
1997, was due to reasonable cause and not to willful neglect,
and
(2) the failure is corrected within 90 days of the later
of--
(A) notice of the failure, or
(B) a final administrative or judicial
determination of the amount of the installment which is
not reviewable or appealable.
SEC. 4. SUSPENSION OF CONTRIBUTIONS FOR CERTAIN ASSIGNED OPERATORS TO
THE COMBINED FUND.
(a) In General.--Section 9704 of the Internal Revenue Code of 1986
(relating to liability of assigned operators) is amended by adding at
the end the following new subsection:
``(j) One-Time Suspension of Contributions for Certain Assigned
Operators.--
``(1) In general.--Effective on and after the date of the
enactment of the Coal Industry Retiree Health Equity Act,
whenever the net assets in the Combined Fund (as reported in
the monthly UMWA Combined Fund Financial Statements) first
exceed 10 percent of the benefits and administrative costs paid
by the Combined Fund during the preceding plan year, no further
monthly premium payments shall be made by assigned operators
which are not 1988 agreement operators for the succeeding 24-
month period. In the case of assigned operators which sought
protection under title 11 of the United States Code before
October 24, 1992, the preceding sentence shall be applied
without regard to section 9706(b)(1)(A).
``(2) Termination of suspension.--The period of suspension
under paragraph (1) shall terminate whenever such net assets no
longer exceed 10 percent of such costs, and assigned operators
which are not 1988 agreement operators shall resume making
monthly premium payments with the next monthly installment due
after such termination.
``(3) Report.--Not later than the end of the first 12-month
period of the 24-month period described in paragraph (1), the
Comptroller General of the United States shall report to Congress on
the current operations of the Combined Fund for such 12-month period
and the background history of the Combined Fund.''
(b) Conforming Amendment.--Section 9704(a) of the Internal Revenue
Code of 1986 is amended by striking ``Each'' and inserting ``Except as
provided in subsection (j), each''.
SEC. 5. AMOUNT OF PER BENEFICIARY PREMIUM.
Paragraph (2) of section 9704(b) of the Internal Revenue Code of
1986 (relating to per beneficiary premium) is amended--
(1) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) $2,116.67, plus'', and
(2) by striking ``the amount determined under subparagraph
(A)'' in subparagraph (B) and inserting ``$2,116.67''.
SEC. 6. DISCLOSURE REQUIREMENTS.
(a) In General.--Section 9704(h) of the Internal Revenue Code of
1986 (relating to information) is amended--
(1) by striking ``(h) Information.--The'' and inserting:
``(h) Information.--
``(1) Information to secretary.--The'', and
(2) by adding at the end the following new paragraph:
``(2) Information to contributors.--
``(A) In general.--The trustees of the Combined
Fund shall, within 30 days of a written request, make
available to any assigned operator information relating
to the employment history of assigned beneficiaries.
``(B) Fees.--The trustees may charge reasonable
fees (not in excess of actual expenses) for providing
documents under this paragraph.''
(b) Additional Amendment.--Clause (ii) of section 9703(b)(2)(A) of
the Internal Revenue Code of 1986 is amended by inserting ``(without
regard to any reduction under section 9704(e)(3)(B)(ii))'' after ``for
the plan year''.
SEC. 7. TREATMENT OF WITHDRAWAL LIABILITY.
(a) Withdrawal Liability.--Subsection (g) of section 9711 of the
Internal Revenue Code of 1986 (relating to continued obligations of
individual employer plans) is amended by adding at the end the
following new paragraph:
``(3) Certain 1988 agreement operators.--Notwithstanding
any other provision of this chapter, in the case of 1988
agreement operators which either have contingent liability for,
or which were assessed by and did pay contractual withdrawal
liability to, the 1950 UMWA Benefit Plan, the 1974 UMWA Benefit
Plan or the Combined Fund; the following shall apply as of the
date of the enactment of the Coal Industry Retiree Health
Equity Act:
``(A) The Combined Fund shall immediately cease
assessing, collecting, or attempting to collect
contractual withdrawal liability under Article XX,
Section (i) or (j), or both, of the 1988 agreement, and
promptly shall segregate from its other assets a sum
equal to the contractual withdrawal liability
previously paid by any such 1988 agreement operator.
``(B) Each such 1988 agreement operator and any
related persons are hereafter exempted from the
requirements of subsections (a) and (b).
``(C) The 1992 UMWA Benefit Plan hereafter shall
provide health benefits coverage to all beneficiaries
who would have been eligible to receive health benefits
under such 1988 agreement operator's individual
employer plans, but for this paragraph.
``(D) The 1992 UMWA Benefit Plan shall assess no
premiums against any such 1988 agreement operator under
subparagraphs (A) and (B) of section 9712(d)(1) and,
instead, shall assess such premiums against the
Combined Fund, which shall promptly pay such premiums
until the sum segregated with respect to such 1988
Agreement operator from the Combined Fund's other
assets pursuant to this paragraph has been exhausted.
The segregated sum shall continue to earn interest at
the rate prescribed under section 6621 until such sum
is exhausted, at which time the 1992 UMWA Benefit Plan
shall commence assessing premiums against such 1988
agreement operator.''
(b) Conforming Amendment.--Subsections (a) and (b)(2) of section
9711 of the Internal Revenue Code of 1986 are each amended by striking
the period at the end of the second sentence thereof and inserting ``,
except as provided in subsection (g)(3).'' | Coal Industry Retiree Health Equity Act - Amends the Internal Revenue Code to reduce annual premiums to the United Mine Workers of America Combined Benefit Fund for eligible small assigned operators.
Waives specified installment nonpayment penalties. Provides a one-time suspension of contributions for certain assigned operators.
Revises the per beneficiary premium calculation.
Provides for the disclosure of beneficiary employment history to a requesting assigned operator.
Sets forth treatment of withdrawal liability provisions for certain 1988 agreement operators. | {"src": "billsum_train", "title": "Coal Industry Retiree Health Equity Act"} | 2,587 | 104 | 0.60246 | 1.492981 | 0.441016 | 2.8 | 25.544444 | 0.822222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Agent Orange Relief Act
of 2011''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) From 1961 to 1971, approximately 19,000,000 gallons of
15 different herbicides, including 13,000,000 gallons of Agent
Orange, were sprayed over the southern region of Vietnam. Many
of such herbicides, including Agent Orange, were based with the
toxic contaminant, known as dioxin.
(2) It is estimated that between 2,100,000 and 4,800,000
Vietnamese people were present during the spraying of Agent
Orange and other herbicides and many more were or continue to
be exposed through contact with the environment and food that
was contaminated, or as offspring of those exposed who now
suffer from illnesses and deformities.
(3) Today, there are still dozens of environmental hot
spots in Vietnam which contaminate the food, soil, sediment,
and wildlife and continue to expose the people of Vietnam to
dioxin.
(4) Agent Orange exposure continues to negatively affect
the lives of men and women in Vietnam and in the United States.
The lives of many victims are cut short and others live with
disease, disabilities, and pain, often untreated or
unrecognized.
(b) Purpose.--It is the purpose of this Act to address and
remediate the ongoing problems and concerns that arose or will arise
from the use of these deadly herbicides, including Agent Orange, during
the Vietnam War.
SEC. 3. ASSISTANCE FOR INDIVIDUALS AFFECTED BY HEALTH ISSUES RELATED TO
EXPOSURE TO AGENT ORANGE DURING THE VIETNAM ERA.
(a) For Covered Individuals.--The Secretary of State shall provide
assistance to address the health care needs of covered individuals.
Such assistance shall include the provision of medical and chronic care
services, nursing services, and medical equipment.
(b) For Caregivers.--The Secretary of State shall provide
assistance to institutions in Vietnam that provide health care for
covered individuals. Such assistance shall include--
(1) medicines and medical equipment;
(2) custodial care, home care, respite care, and daycare
programs;
(3) training programs for caregivers;
(4) medical, physical rehabilitation, and counseling
services and equipment for illnesses and deformities associated
with exposure to Agent Orange; and
(5) reconstructive surgical programs.
(c) For Housing and Poverty Reduction.--The Secretary of State
shall provide assistance to repair and rebuild substandard homes in
Vietnam for covered individuals and the families of covered
individuals. The Secretary of State shall provide micro grants and
loans to facilitate subsistence payments and poverty reduction for
covered individuals and families of covered individuals.
(d) For Environmental Remediation.--The Secretary of State shall
provide assistance to remediate those areas in Vietnam that continue to
contain high levels of dioxin, Agent Orange, and other contaminants
used during the Vietnam War.
(e) For Public Research.--The Secretary of State shall provide
assistance to support research relating to health issues of covered
individuals. Such research should include the active involvement of
schools of public health and medicine located in the United States,
Vietnam, and other interested countries.
(f) Vietnamese Nongovernmental Organizations.--Assistance under
this section (other than assistance under subsection (e)) shall be
provided through appropriate Vietnamese nongovernmental organizations
and other community organizations.
(g) Implementation.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall complete a plan for
the implementation of this section. Not later than 180 days after
completion of the plan, the Secretary of State shall begin implementing
this section.
(h) Definitions.--In this section--
(1) the term ``covered individual'' means in an individual
who--
(A) is a resident of Vietnam; and
(B) is affected by health issues related to
exposure to Agent Orange during the Vietnam era; and
(2) the term ``Vietnam era'' has the meaning given the term
in section 101(29) of title 38, United States Code.
SEC. 4. ESTABLISHMENT OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS
FOR DESCENDANTS OF VETERANS OF THE VIETNAM ERA.
(a) Establishment of Medical Centers.--The Secretary of Veterans
Affairs shall establish at least two regional medical centers of the
Department of Veterans Affairs that are designed to address the medical
needs of descendants of veterans of the Vietnam era. Such medical
centers shall be--
(1) associated with existing university-based medical
centers;
(2) equipped to provide access to a full range of state-of-
the-art medical care for illnesses, deformities, and
developmental problems experienced by the descendants of
veterans of the Vietnam era, including diagnostic medicine,
rehabilitative medicine, pediatric medicine, psychiatry, and
vocational training.
(b) Coordination of Medical Records.--The medical centers
established under this section shall coordinate the medical records of
patients who receive care at the centers with the Department of
Veterans Affairs for the purpose of conducting research or providing
support for research into the intergenerational effects of dioxin
exposure.
(c) Employment of Specialists.--The Secretary of Veterans Affairs
shall employ medical personnel at the medical centers established under
this section who are specialists in environmental illnesses and
rehabilitative medicine.
(d) Travel and Housing Assistance.--The Secretary of Veterans
Affairs shall provide assistance to individuals and families who travel
to the medical centers established under this section for diagnostic
evaluation and treatment to cover the costs of travel to and from the
medical centers and the cost of housing while being evaluated or
treated at the centers.
(e) Definition of Vietnam Era.--In this section, the term ``Vietnam
era'' has the meaning given the term in section 101(29) of title 38,
United States Code.
SEC. 5. NATIONAL VIETNAM VETERANS READJUSTMENT STUDY.
The Secretary of Veterans Affairs shall ensure that the National
Vietnam Veterans Readjustment Study is expanded to include a mortality
and morbidity study examining the health outcomes of applicable Vietnam
Veterans.
SEC. 6. DEPARTMENT OF VETERANS AFFAIRS HEALTH ASSESSMENT AND ASSISTANCE
FOR VIETNAMESE AMERICANS.
(a) Health Assessment.--The Secretary of Veterans Affairs shall
make grants to appropriate public health organizations and Vietnamese-
American organizations for the purpose of conducting a broad health
assessment of Vietnamese-Americans who may have been exposed to Agent
Orange and their children to determine the effects to their health of
such exposure.
(b) Assistance.--The Secretary shall establish centers in locations
in the United States where large populations of Vietnamese-Americans
reside for the purpose of providing assessment, counseling, and
treatment for conditions related to exposure to Agent Orange. The
Secretary may carry out this subsection through appropriate community
and nongovernmental organizations or other suitable organizations, as
determined by the Secretary.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) The term ``Agent Orange'' includes any chemical
compound which became part, either by design or through
impurities, of an herbicide agent used in support of the United
States and allied military operations in the Republic of
Vietnam.
(2) The term ``victim'' includes any individual who is a
Vietnamese national, Vietnamese-American, or United States
veteran who was exposed to agent grange, or the progeny of such
an individual, and who has a disease or disability associated
with this exposure.
(3) The term ``impacted zone'' includes the areas of
Southeast Asia known to have been contaminated with Agent
Orange, including southern Vietnam (the former South Vietnam),
western Cambodia, southern Laos and surrounding airspace and
ocean ways.
(4) The term ``exposure period'' includes--
(A) for a United States veteran, any time from
January 9, 1962, through May 7, 1975; and
(B) for a Vietnamese-American, the time period
beginning on January 9, 1962, and ending when the
person emigrated from Vietnam; and
(C) for a Vietnamese national, any time after
January 9, 1962.
(5) The term ``veteran'' includes any person who served on
active or reserve duty in the Armed Forces during the exposure
period in the impacted zone of the Republic of Vietnam
including the inland waterways of such Republic, the waters
offshore of such Republic, and the airspace above such
Republic.
SEC. 8. DEADLINE FOR IMPLEMENTATION.
Not later than six months after the date of the enactment of this
Act, the Secretary of Veterans Affairs and the Secretary of State shall
each complete a plan for the implementation of the applicable
provisions of this Act and shall issue a request for proposals, if
applicable. The Secretary of Veterans Affairs and the Secretary of
State shall implement the provisions of this Act by not later than 18
months after the date of the enactment of this Act.
SEC. 9. QUARTERLY REPORTS.
Not later than 30 days after the last day of a fiscal quarter, the
Secretary of Veterans Affairs and the Secretary of State shall each
submit to Congress a report on the implementation of the applicable
provisions of this Act during the fiscal quarter covered by the report. | Victims of Agent Orange Relief Act of 2011 - Directs the Secretary of State to provide assistance to address the health care needs of covered individuals. Defines a "covered individual" as an individual who is: (1) a resident of Vietnam, and (2) affected by health issues related to exposure to Agent Orange during the Vietnam era.
Requires such assistance to include assistance to: (1) institutions in Vietnam that provide health care to such individuals, (2) repair and rebuild substandard homes in Vietnam, (3) remediate areas in Vietnam that continue to contain high levels of contaminants, and (4) support research relating to health issues of covered individuals.
Requires the Secretary of Veterans Affairs to: (1) establish at least two regional medical centers of the Department of Veterans Affairs (VA) designed to address the medical needs of descendants of Vietnam era veterans, (2) make grants to appropriate public health organizations and Vietnamese-American organizations to conduct a broad health assessment of Vietnamese-Americans who may have been exposed to Agent Orange and their children, and (3) ensure that the National Vietnam Veterans Readjustment Study is expanded to include a mortality and morbidity study examining the health outcomes of Vietnam veterans.
Defines a "victim" as any individual who is a Vietnamese national, Vietnamese-American, or U.S. veteran who was exposed to Agent Orange, or the progeny of such an individual, and who has a disease or disability associated with this exposure. | {"src": "billsum_train", "title": "To direct the Secretary of State to provide assistance for certain individuals affected by exposure to Agent Orange and the Secretary of Veterans Affairs to enhance the availability of medical care for descendants of veterans of the Vietnam era, and for other purposes."} | 2,045 | 305 | 0.613382 | 2.03785 | 0.854295 | 5.426573 | 6.493007 | 0.958042 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Democracy for All Americans
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Despite Federal efforts to increase uniformity in
voting procedures for elections for Federal office, there
remains much variation in such procedures among the States.
(2) A major goal of the National Voter Registration Act of
1993 (commonly known as the ``Motor-Voter Act'') was the
standardization of voter registration procedures for elections
for Federal office to prevent voter fraud and provide an
accurate list of eligible voters.
(3) Under the provisions of the Uniformed and Overseas
Citizens Absentee Voting Act, absent uniformed services voters
and overseas voters can vote by absentee ballot in elections
for Federal office and, if a State does not provide an official
State absentee ballot in response to a timely request, can
write in the names of candidates on a Federal write-in absentee
ballot.
(4) In North Dakota and in some counties in Wisconsin,
individuals may vote without registering.
(5) Individuals in Idaho, New Hampshire, Maine, Minnesota,
Wisconsin, and Wyoming may register to vote on the day of the
election.
(6) The duration of the residency requirement for voter
registration varies from State to State from 1 to 30 days.
(7) In 7 States disability or illness does not provide
sufficient grounds for registering as an absentee voter, and in
4 States disability or illness does not provide sufficient
grounds for voting as an absentee.
(8) A few States allow any citizen who is out of the United
States or the State to register as an absentee voter.
(9) At least 7 different types of voting equipment are used
to carry out Presidential elections throughout the United
States, and the type of equipment used is determined on the
county level.
(10) The opening time for polling places in Federal
elections varies from 6:00 a.m. to 11:00 a.m., and the closing
time for such polling places varies from 6:00 p.m. to 9:00
p.m..
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established the Commission on the Comprehensive Study of
Voting Procedures (in this Act referred to as the ``Commission'').
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Commission shall complete a thorough study of all issues
relating to voting procedures in Federal, State, and local elections,
including the following:
(1) Voting procedures in Federal, State, and local
government elections.
(2) Voting procedures that represent the best practices in
Federal, State, and local government elections.
(3) Legislation and regulatory efforts that affect voting
procedures issues.
(4) The implementation of standardized voting procedures,
including standardized technology and procedures for voter
registration, absentee voting, early voting, and voting hours
on the day of the election, for Federal, State, and local
government elections.
(5) The speed and timeliness of vote counts in Federal,
State and local elections.
(6) The accuracy of vote counts in Federal, State and local
elections.
(7) The security of voting procedures in Federal, State and
local elections.
(b) Recommendations.--The Commission shall develop recommendations
on the matters studied under subsection (a).
(c) Reports.--
(1) Final report.--Not later than 180 days after the
expiration of the period referred to in subsection (a), the
Commission shall submit a report which has been approved by a
majority of the members of the Commission to the President and
Congress which shall contain a detailed statement of the
findings and conclusions of the Commission, together with its
recommendations for such legislation and administrative actions
as it considers appropriate.
(2) Interim reports.--The Commission may submit to the
President and Congress any interim reports that are approved by
a majority of the members of the Commission.
(3) Additional reports.--The Commission may include in any
of the reports submitted under paragraph (1) or paragraph (2)
additional reports that contain any dissenting or minority
opinions of the members of the Commission.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 5
members of whom--
(1) 1 shall be appointed by the President;
(2) 1 shall be appointed by the majority leader of the
Senate;
(3) 1 shall be appointed by the minority leader of the
Senate;
(4) 1 shall be appointed by the Speaker of the House of
Representatives; and
(5) 1 shall be appointed by the minority leader of the
House of Representatives.
(b) Members.--The Commission shall include at least 1 member from
each of the following:
(1) The National Institute of Standards and Technology.
(2) The Department of Justice.
(3) The National Academy of Sciences.
(c) Date of Appointment.--The appointments of the members of the
Commission shall be made not later than 30 days after the date of
enactment of this Act.
(d) Terms.--Each member of the Commission shall be appointed for
the life of the Commission.
(e) Vacancies.--A vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the original
appointment was made.
(f) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson or a majority if its members.
(2) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold its first meeting.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(h) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among its members.
SEC. 6. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may hold such hearings
for the purpose of carrying out this Act, sit and act at such times and
places, take such testimony, and receive such evidence as the
Commission considers advisable to carry out this Act. The Commission
may administer oaths and affirmations to witnesses appearing before the
Commission.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the Chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(c) Website.--For purposes of conducting the study under section
4(a), the Commission shall establish a website to facilitate public
comment and participation.
(d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(e) Administrative Support Services.--Upon the request of the
Chairperson of the Commission, the Administrator of the General
Services Administration shall provide to the Commission, on a
reimbursable basis, the administrative support services that are
necessary to enable the Commission to carry out its duties under this
Act.
(f) Contracts.--The Commission may contract with and compensate
persons and Federal agencies for supplies and services without regard
to section 3709 of the Revised Statutes (41 U.S.C. 5).
(g) Gifts and Donations.--The Commission may accept, use, and
dispose of gifts or donations of services or property to carry out this
Act.
SEC. 7. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The chair of the Commission may appoint
staff of the Commission, request the detail of Federal
employees, and accept temporary and intermittent services in
accordance with section 3161 of title 5, United States Code,
except that the rate of pay of any staff may not exceed the
annual rate payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(2) Special rule regarding appointment of executive
director.--The employment of an executive director shall be
subject to confirmation by the Commission.
SEC. 8. TERMINATION OF THE COMMISSION.
The Commission shall terminate 30 days after the date on which the
Commission submits its final report under section 4(c)(1).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to the Commission to carry out this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended. | Secure Democracy for All Americans Act - Establishes the Commission on the Comprehensive Study of Voting Procedures to study and report to the President and Congress on all issues relating to voting procedures in Federal, State, and local elections. | {"src": "billsum_train", "title": "To establish a commission to develop uniform standards which may be adopted by the States for the administration of elections for Federal office, and for other purposes."} | 2,105 | 49 | 0.480503 | 1.129736 | 0.724585 | 5.97619 | 46.97619 | 0.97619 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety Net Inpatient Drug
Affordability Act''.
SEC. 2. EXTENSION OF DISCOUNTS TO INPATIENT DRUGS.
(a) In General.--Section 340B(b) of the Public Health Service Act
(42 U.S.C. 256b(b)) is amended by inserting before the period the
following: ``, except that, notwithstanding the limiting definition set
forth in section 1927(k)(3) of the Social Security Act, the terms
`covered outpatient drug' and `covered drug' include any inpatient or
outpatient drug purchased by a hospital described in subsection
(a)(4)(L)''.
(b) Payment of Medicaid Rebates on Inpatient Drugs.--Section
340B(c) of such Act (42 U.S.C. 256b(c)) is amended to read as follows:
``(c) Payment of Medicaid Rebates on Inpatient Drugs.--
``(1) In general.--For the cost reporting period covered by
the most recently filed Medicare cost report, a hospital
described in subsection (a)(4)(L) shall provide to each State
with an approved State plan under title XIX of such Act--
``(A) a rebate on the estimated annual costs of
single source and innovator multiple source drugs
provided to Medicaid recipients for inpatient use; and
``(B) a rebate on the estimated annual costs of
noninnovator multiple source drugs provided to Medicaid
recipients for inpatient use.
``(2) Calculations of rebates.--
``(A) Single source and innovator multiple source
drugs.--For purposes of paragraph (1)(A)--
``(i) the rebate under such paragraph shall
be calculated by multiplying the estimated
annual costs of single source and innovator
multiple source drugs provided to Medicaid
recipients for inpatient use by the minimum
rebate percentage described in section
1927(c)(1)(B) of the Social Security Act;
``(ii) the estimated annual costs of single
source drugs and innovator multiple source
drugs provided to Medicaid recipients for
inpatient use under clause (i) shall be equal
to the product of--
``(I) the hospital's actual
acquisition costs of all drugs
purchased during the cost reporting
period for inpatient use;
``(II) the Medicaid inpatient drug
charges as reported on the hospital's
most recently filed Medicare cost
report divided by total inpatient drug
charges reported on the cost report;
and
``(III) the percent of the
hospital's annual inpatient drug costs
described in subclause (I) arising out
of the purchase of single source and
innovator multiple source drugs; and
``(iii) the terms `single source drug' and
`innovator multiple source drug' have the
meanings given such terms in section 1927(k)(7)
of the Social Security Act.
``(B) Noninnovator multiple source drugs.--For
purposes of subparagraph (1) (B)--
``(i) the rebate under such paragraph shall
be calculated by multiplying the estimated
annual costs of noninnovator multiple source
drugs provided to Medicaid recipients for
inpatient use by the applicable percentage as
defined in section 1927(c)(3)(B) of the Social
Security Act;
``(ii) the estimated annual costs of
noninnovator multiple source drugs provided to
Medicaid recipients for inpatient use shall be
equal to the product of--
``(I) the hospital's actual
acquisition cost of all drugs purchased
during the cost reporting period for
inpatient use;
``(II) the Medicaid inpatient drug
charges as reported on the hospital's
most recently filed Medicare cost
report divided by total inpatient drug
charges reported on the cost report;
and
``(III) the percent of the
hospital's annual inpatient drug costs
described in subclause (I) arising out
of the purchase of noninnovator
multiple source drugs; and
``(iii) the term `noninnovator multiple
source drug' has the meaning given such term in
section 1927(k)(7) of the Social Security Act.
``(3) Payment deadline.--The rebates provided by a hospital
under paragraph (1) shall be paid within 90 days of the filing
of the hospital's most recently filed Medicare cost report.
``(4) Offset against medical assistance.--Amounts received
by a State under this subsection in any quarter shall be
considered to be a reduction in the amount expended under the
State plan in the quarter for medical assistance for purposes
of section 1903(a)(1) of the Social Security Act.''.
(c) Clarification That Group Purchasing Prohibition for Certain
Hospitals Is Not Applicable to Inpatient Drugs.--Section
340B(a)(4)(L)(iii) of such Act (42 U.S.C. 256b(a)(4)(L)(iii)) is
amended by inserting ``(not including such drugs purchased for
inpatient use)'' after ``covered outpatient drugs''.
SEC. 3. PROVIDING ACCESS TO DISCOUNTED DRUG PRICES FOR CRITICAL ACCESS
HOSPITALS.
(a) In General.--Section 340B of the Public Health Service Act (42
U.S.C. 256b) is amended--
(1) in subsection (a)(4), by adding at the end the
following:
``(M) An entity that--
``(i) is a critical access hospital (as
determined under section 1820(c)(2) of the
Social Security Act); and
``(ii) does not obtain covered outpatient
drugs though a group purchasing organization or
other group purchasing arrangement (not
including such drugs purchased for inpatient
use).'';
(2) in subsection (b), as amended by section 2(a), by
inserting ``or subsection (a)(4)(M)'' after ``subsection
(a)(4)(L)''; and
(3) in subsection (c)(1), as added by inserting ``or
subsection (a)(4)(M)'' after ``subsection (a)(4)(L)''.
(b) Exclusion From Medicaid Best Price Calculations.--Section
1927(c)(1)(C)(i)(I) of the Social Security Act (42 U.S.C. 1396r-
8(c)(1)(C)(i)(I)) is amended by inserting ``and to critical access
hospitals described in section 340B(a)(4)(M) of such Act'' after
``Public Health Service Act''.
(c) Effective Date.--The amendments made by this section shall
apply to drugs purchased on or after January 1, 2006. | Safety Net Inpatient Drug Affordability Act - Amends the Public Health Service Act to expand the discount drug program to include any inpatient or outpatient drug purchased by qualified hospitals without a group purchasing arrangement. (Currently, such hospitals are only allowed to purchase discounted outpatient drugs.) Requires such hospitals to provide the state with a rebate on the estimated annual costs of single source, innovator multiple source, and noninnovator multiple source drugs provided to Medicaid recipients for inpatient use. Sets forth a method for calculating the amount of such rebate.
Allows critical access hospitals that do not obtain covered outpatient drugs through a group purchasing organization or other group purchasing arrangement to participate in the discount drug program. | {"src": "billsum_train", "title": "A bill to amend section 340B of the Public Health Service Act to increase the affordability of inpatient drugs for Medicaid and safety net hospitals."} | 1,516 | 154 | 0.590232 | 1.500834 | 0.754291 | 2.744186 | 9.612403 | 0.837209 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Waste Fund Relief and Rebate
Act''.
SEC. 2. CERTIFICATION OF COMMITMENT TO YUCCA MOUNTAIN.
(a) In General.--Subtitle E of title I of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10172 et seq.) is amended by adding at the end
the following:
``SEC. 162. CERTIFICATION OF COMMITMENT TO YUCCA MOUNTAIN SITE.
``(a) Definition of Defense Waste.--In this section, the term
`defense waste' means--
``(1) transuranic waste;
``(2) high-level radioactive waste;
``(3) spent nuclear fuel;
``(4) special nuclear materials;
``(5) greater-than-class C, low-level radioactive waste;
and
``(6) any other waste arising from the production, storage,
or maintenance of nuclear weapons (including components of
nuclear weapons).
``(b) Certification of Commitment.--Not later than 30 days after
the date of enactment of this section, the President shall publish in
the Federal Register a notice that the President certifies that the
Yucca Mountain site is the selected site for the development of a
repository for the disposal of high-level radioactive waste and spent
nuclear fuel, in accordance with section 160.
``(c) Failure To Publish Certification; Revocation of
Certification.--If the President fails to publish the certification of
the President in accordance with subsection (b), or if the President
revokes the certification of the President after the date described in
that subsection, not later than 1 year after the date described in
subsection (b), or the date of revocation, as appropriate, and in
accordance with subsection (d)--
``(1) each entity that is required under section 302 to
make a payment to the Secretary shall not be required to make
any additional payment; and
``(2) each entity that has made a payment under section 302
shall receive from the Secretary of the Treasury, from amounts
available in the Nuclear Waste Fund, an amount equal to the
aggregate amount of the payments made by the entity (including
interest on the aggregate amount of the payments) to the
Secretary for deposit in the Nuclear Waste Fund.
``(d) Use of Returned Payments.--
``(1) In general.--Subject to paragraph (2), of the
aggregate amount of payments returned to an entity described in
subsection (c)(2)--
``(A) 75 percent shall be used by the entity to
provide rebates to ratepayers of the entity; and
``(B) 25 percent shall be used by the entity to
carry out upgrades to nuclear power facilities of the
entity to enhance the storage and security of materials
used to generate nuclear power.
``(2) Defense waste.--In the case of a payment required to
be paid to an entity for the storage of defense waste, the
Secretary shall use the amount required to be paid to the
entity to meet the penalty payment obligation of the Secretary
under subsection (e)(2) to the State in which the entity is
located.
``(e) Disposition of Defense Waste.--
``(1) In general.--Not later than January 1, 2017, the
Secretary shall initiate the transportation of defense waste
from each State in which defense waste is located to the Yucca
Mountain site.
``(2) Penalty.--
``(A) In general.--Subject to subparagraph (B), if
the Secretary fails to initiate the transportation of
defense waste in accordance with paragraph (1), the
Secretary shall pay to each State in which defense
waste is located $1,000,000 for each day that the
defense waste is located in the State until the date on
which the Secretary initiates the transportation of the
defense waste under paragraph (1).
``(B) Maximum amount.--Subject to subsection
(c)(2), for each calendar year, the Secretary shall not
pay to any State described in subparagraph (A) an
amount greater than $100,000,000.
``(C) Required use of payments.--A State that
receives amounts through a payment from the Secretary
under this paragraph shall use the amounts--
``(i) to help offset the loss in community
investments that results from the continued
storage of defense waste in the State; and
``(ii) to help mitigate the public health
risks that result from the continued storage of
defense waste in the State.
``(f) Determination by Commission To Grant or Amend Licenses.--In
determining whether to grant or amend any license to operate any
civilian nuclear power reactor, or high-level radioactive waste or
spent fuel storage or treatment facility, under the Atomic Energy Act
of 1954 (42 U.S.C. 2011 et seq.), the responsibilities of the President
and the Secretary described in this subtitle shall be considered to be
sufficient and independent grounds for the Commission to determine the
existence of reasonable assurances that spent nuclear fuel and high-
level radioactive waste would be disposed of safely and in a timely
manner by the entity that is the subject of the determination.
``(g) Effects.--
``(1) Termination of payment requirement; acceptance of
returned payments.--With respect to an entity that receives a
benefit under paragraph (1) or (2) of subsection (c)--
``(A) the entity shall not be considered by the
Commission to be in violation under section 302(b); and
``(B) the Commission shall not refuse to take any
action with respect to a current or prospective license
of the entity on the grounds that the entity has
cancelled or rescinded a contract to which the entity
is a party as the result of--
``(i) the failure by the entity to make a
payment to the Secretary under section 302; or
``(ii) the acceptance by the entity of
amounts described in subsection (c)(2).
``(2) Disposition of waste.--Nothing in this section
affects the responsibility of the Federal Government under any
Act (including regulations) with respect to the ultimate
disposition of high-level radioactive waste and spent nuclear
fuel.''.
(b) Conforming Amendment.--The table of contents of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. prec. 10101) is amended by adding
at the end of the items relating to subtitle E of title I the
following:
``Sec. 162. Certification of commitment to Yucca Mountain site.''. | Nuclear Waste Fund Relief and Rebate Act - Amends the Nuclear Waste Policy Act of 1982 to direct the President to publish in the Federal Register a notice certifying that the Yucca Mountain site (Nevada) is the selected site for the development of a repository for the disposal of high-level radioactive radioactive waste and spent nuclear fuel.
Declares that, if the President fails to publish the certification or revokes it, each entity: (1) that is required to make a payment to the Nuclear Waste Fund shall not be required to make any additional payment; and (2) that has made a payment shall receive a refund, 75% of which shall be used for rebates to the entity's ratepayers, and 25% shall be used to carry out upgrades to the entity's nuclear power facilities to enhance the storage and security of materials used to generate nuclear power.
Requires the Secretary of Energy to initiate by January 1, 2017, the transportation to the Yucca Mountain site of defense waste from each state in which it is located.
Imposes penalties on the Secretary for failure to initiate such transportation. | {"src": "billsum_train", "title": "A bill to amend the Nuclear Waste Policy Act of 1982 to require the President to certify that the Yucca Mountain site remains the designated site for the development of a repository for the disposal of high-level radioactive waste, and for other purposes."} | 1,421 | 236 | 0.675607 | 2.0057 | 0.79078 | 3.688679 | 6.330189 | 0.924528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estate Tax Reduction Act of 2001''.
SEC. 2. 20 PERCENT REDUCTION IN ESTATE TAX RATES; REPEAL OF PHASEOUT OF
GRADUATED RATES.
(a) In General.--Subsection (c) of section 2001 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(c) Rate Schedule.--
``If the amount with respect to The tentative tax is:
which the tentative tax is
to be computed is:
Not over $10,000...............
14.4% of such amount.
Over $10,000 but not over
$20,000.
$1,440, plus 16% of the excess
of such amount over
$10,000
Over $20,000 but not over
$40,000.
$3,040, plus 17.6% of the
excess of such amount
over $20,000
Over $40,000 but not over
$60,000.
$6,560, plus 19.2% of the
excess of such amount
over $40,000
Over $60,000 but not over
$80,000.
$10,400, plus 20.8% of the
excess of such amount
over $60,000
Over $80,000 but not over
$100,000.
$14,560, plus 22.4% of the
excess of such amount
over $80,000
Over $100,000 but not over
$150,000.
$19,040, plus 24% of the excess
of such amount over
$100,000
Over $150,000 but not over
$250,000.
$31,040, plus 25.6% of the
excess of such amount
over $150,000
Over $250,000 but not over
$500,000.
$56,640, plus 27.2% of the
excess of such amount
over $250,000
Over $500,000 but not over
$750,000.
$124,640, plus 29.6% of the
excess of such amount
over $500,000
Over $750,000 but not over
$1,000,000.
$198,640, plus 31.2% of the
excess of such amount
over $750,000
Over $1,000,000 but not over
$1,250,000.
$276,640, plus 32.8% of the
excess of such amount
over $1,000,000
Over $1,250,000 but not over
$1,500,000.
$358,640, plus 34.4% of the
excess of such amount
over $1,250,000
Over $1,500,000 but not over
$2,000,000.
$444,640, plus 36% of the
excess of such amount
over $1,500,000
Over $2,000,000 but not over
$2,500,000.
$624,640, plus 39.2% of the
excess of such amount
over $2,000,000
Over $2,500,000 but not over
$3,000,000.
$820,640, plus 42.4% of the
excess of such amount
over $2,500,000
Over $3,000,000................
$1,032,640, plus 44% of the
excess of such amount
over $3,000,000''.
(b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying, and gifts made, after the date of the
enactment of this Act.
SEC. 3. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $2,500,000 EXCLUSION;
INFLATION ADJUSTMENT OF UNIFIED CREDIT.
(a) Increase in Unified Credit.--
(1) In general.--Subsection (c) of section 2010 of the
Internal Revenue Code of 1986 (relating to applicable credit
amount) is amended by striking all that follows ``were the
applicable exclusion amount'' and inserting ``. For purposes of
the preceding sentence, the applicable exclusion amount is
$2,500,000.''
(2) Conforming amendment.--Subparagraph (A) of section
2057(a)(3) of such Code is amended by striking ``$625,000'' and
inserting ``the excess of the applicable exclusion amount
(determined without regard to this paragraph) over $675,000''.
(b) Inflation Adjustment.--Section 2010 of such Code is amended by
redesignating subsection (d) as subsection (e) and by inserting after
subsection (c) the following new subsection:
``(d) Cost-of-Living Adjustment.--In the case of any decedent
dying, and gift made, in a calendar year after 2001, the $2,500,000
amount set forth in subsection (c) shall be increased by an amount
equal to--
``(1) $2,500,000, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2000' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the nearest
multiple of $10,000.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act. | Estate Tax Reduction Act of 2001 - Amends the Internal Revenue Code to: (1) reduce estate tax rates; (2) repeal the phaseout of graduated rates; and (3) increase the unified credit to $2.5 million, with an inflation adjustment. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce estate tax rates by 20 percent, to increase the unified credit against estate and gift taxes to the equivalent of a $2,500,000 exclusion and to provide an inflation adjustment of such amount, and for other purposes."} | 1,049 | 51 | 0.396118 | 1.006287 | -0.023542 | 2.28 | 19.58 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Non-Discrimination Act of
2011''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Public school students who are lesbian, gay, bisexual
or transgender (LGBT), or are perceived to be LGBT, or who
associate with LGBT people, have been and are subjected to
pervasive discrimination, including harassment, bullying,
intimidation and violence, and have been deprived of equal
educational opportunities, in schools in every part of our
Nation.
(2) While discrimination, including harassment, bullying,
intimidation and violence, of any kind is harmful to students
and to our education system, actions that target students based
on sexual orientation or gender identity represent a distinct
and especially severe problem.
(3) Numerous social science studies demonstrate that
discrimination, including harassment, bullying, intimidation
and violence, at school has contributed to high rates of
absenteeism, dropout, adverse health consequences, and academic
underachievement among LGBT youth.
(4) When left unchecked, discrimination, including
harassment, bullying, intimidation and violence, in schools
based on sexual orientation or gender identity can lead, and
has lead to, life-threatening violence and to suicide.
(5) Public school students enjoy a variety of
constitutional rights, including rights to equal protection,
privacy, and free expression, which are infringed when school
officials engage in discriminatory treatment or are indifferent
to discrimination, including harassment, bullying, intimidation
and violence, on the basis of sexual orientation or gender
identity.
(6) While Federal statutory protections expressly address
discrimination on the basis of race, color, sex, religion,
disability, and national origin, Federal civil rights statutes
do not expressly include ``sexual orientation'' or ``gender
identity''. As a result, students and parents have often had
limited legal recourse to redress for discrimination on the
basis of sexual orientation or gender identity.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that all students have access to public
education in a safe environment free from discrimination,
including harassment, bullying, intimidation and violence, on
the basis of sexual orientation or gender identity;
(2) to provide a comprehensive Federal prohibition of
discrimination in public schools based on actual or perceived
sexual orientation or gender identity;
(3) to provide meaningful and effective remedies for
discrimination in public schools based on actual or perceived
sexual orientation or gender identity;
(4) to invoke congressional powers, including but not
limited to the power to enforce the 14th Amendment to the
Constitution and to provide for the general welfare pursuant to
section 8 of article I of the Constitution and the power to
enact all laws necessary and proper for the execution of the
foregoing powers pursuant to section 8 of article I of the
Constitution, in order to prohibit discrimination in public
schools on the basis of sexual orientation or gender identity;
and
(5) to allow the Department of Education to effectively
combat discrimination based on sexual orientation or gender
identity in public schools through regulation and enforcement,
as the Department has issued regulations under and enforced
title IX of the Education Amendments of 1972 and other
nondiscrimination laws in a manner that effectively addresses
discrimination.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Program or activity.--The terms ``program or activity''
and ``program'' have same meanings given such terms as applied
under section 606 of the Civil Rights Act of 1964 (42 U.S.C.
2000d-4a) to the operations of public entities under paragraph
(2)(B) of such section.
(2) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, or mannerisms or other
gender-related characteristics of an individual, with or
without regard to the individual's designated sex at birth.
(3) Harassment.--The term ``harassment'' means conduct that
is sufficiently severe, persistent, or pervasive to limit a
student's ability to participate in or benefit from a public
school education program or activity, or to create a hostile or
abusive educational environment at a public school, including
acts of verbal, nonverbal, or physical aggression,
intimidation, or hostility, if such conduct is based on--
(A) a student's actual or perceived sexual
orientation or gender identity; or
(B) the actual or perceived sexual orientation or
gender identity of a person or persons with whom a
student associates or has associated.
(4) Public schools.--The term ``public schools'' means
public elementary and secondary schools, including local
educational agencies, educational service agencies, and State
educational agencies, as defined in section 9101 of the
Elementary and Secondary Education Act of 1965.
(5) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
(6) Student.--The term ``student'' means an individual who
is enrolled in a public school or who, regardless of official
enrollment status, attends classes or participates in a public
school's programs or educational activities.
SEC. 4. PROHIBITION AGAINST DISCRIMINATION; EXCEPTIONS.
(a) In General.--No student shall, on the basis of actual or
perceived sexual orientation or gender identity of such individual or
of a person with whom the student associates or has associated, be
excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity receiving
Federal financial assistance.
(b) Harassment.--For purposes of this Act, discrimination includes,
but is not limited to, harassment of a student on the basis of actual
or perceived sexual orientation or gender identity of such student or
of a person with whom the student associates or has associated.
(c) Retaliation Prohibited.--
(1) Prohibition.--No person shall be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination, retaliation, or reprisal under any program or
activity receiving Federal financial assistance based on his or
her opposition to conduct made unlawful by this Act.
(2) Definition.--For purposes of this subsection,
``opposition to conduct made unlawful by this Act'' includes,
but is not limited to--
(A) opposition to conduct reasonably believed to be
made unlawful by this Act,
(B) any formal or informal report, whether oral or
written, to any governmental entity, including public
schools and employees thereof, regarding conduct made
unlawful by this Act or reasonably believed to be made
unlawful by this Act,
(C) participation in any investigation, proceeding,
or hearing related to conduct made unlawful by this Act
or reasonably believed to be made unlawful by this Act,
and
(D) assistance or encouragement provided to any
other person in the exercise or enjoyment of any right
granted or protected by this Act,
if in the course of that expression, the person involved does
not purposefully provide information known to be false to any
public school or other governmental entity regarding a
violation, or alleged violation, of this Act.
SEC. 5. FEDERAL ADMINISTRATIVE ENFORCEMENT; REPORT TO CONGRESSIONAL
COMMITTEES.
Each Federal department and agency which is empowered to extend
Federal financial assistance to any education program or activity, by
way of grant, loan, or contract other than a contract of insurance or
guaranty, is authorized and directed to effectuate the provisions of
section 4 of this Act with respect to such program or activity by
issuing rules, regulations, or orders of general applicability which
shall be consistent with achievement of the objectives of the Act
authorizing the financial assistance in connection with which the
action is taken. No such rule, regulation, or order shall become
effective unless and until approved by the President. Compliance with
any requirement adopted pursuant to this section may be effected--
(1) by the termination of or refusal to grant or to
continue assistance under such program or activity to any
recipient as to whom there has been an express finding on the
record, after opportunity for hearing, of a failure to comply
with such requirement, but such termination or refusal shall be
limited to the particular political entity, or part thereof, or
other recipient as to whom such a finding has been made, and
shall be limited in its effect to the particular program, or
part thereof, in which such noncompliance has been so found, or
(2) by any other means authorized by law,
except that no such action shall be taken until the department or
agency concerned has advised the appropriate person or persons of the
failure to comply with the requirement and has determined that
compliance cannot be secured by voluntary means. In the case of any
action terminating, or refusing to grant or continue, assistance
because of failure to comply with a requirement imposed pursuant to
this section, the head of the Federal department or agency shall file
with the committees of the House and Senate having legislative
jurisdiction over the program or activity involved a full written
report of the circumstances and the grounds for such action. No such
action shall become effective until 30 days have elapsed after the
filing of such report.
SEC. 6. CAUSE OF ACTION.
(a) Cause of Action.--Subject to subsection (c) of this section, an
aggrieved individual may assert a violation of this Act in a judicial
proceeding. Aggrieved persons may be awarded all appropriate relief,
including but not limited to equitable relief, compensatory damages,
cost of the action, and remedial action.
(b) Rule of Construction.--This section shall not be construed to
preclude an aggrieved individual from obtaining other remedies under
any other provision of law or to require such individual to exhaust any
administrative complaint process or notice-of-claim requirement before
seeking redress under this section.
(c) Statute of Limitations.--For actions brought pursuant to this
section, the statute of limitations period shall be determined in
accordance with section 1658(a) of title 28 of the United States Code.
The tolling of any such limitations period shall be determined in
accordance with the law governing actions under section 1979 of the
Revised Statutes (42 U.S.C. 1983) in the forum State.
SEC. 7. STATE IMMUNITY.
(a) State Immunity.--A State shall not be immune under the 11th
Amendment to the Constitution of the United States from suit in Federal
court for a violation of this Act.
(b) Waiver.--A State's receipt or use of Federal financial
assistance for any program or activity of a State shall constitute a
waiver of sovereign immunity, under the 11th Amendment to the
Constitution or otherwise, to a suit brought by an aggrieved individual
for a violation of section 4 of this Act.
(c) Remedies.--In a suit against a State for a violation of this
Act, remedies (including remedies both at law and in equity) are
available for such a violation to the same extent as such remedies are
available for such a violation in the suit against any public or
private entity other than a State.
SEC. 8. ATTORNEY'S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is
amended by inserting ``the Student Nondiscrimination Act of 2011,''
after ``Religious Land Use and Institutionalized Persons Act of
2000,''.
SEC. 9. EFFECT ON OTHER LAWS.
(a) Federal and State Nondiscrimination Laws.--Nothing in this Act
shall be construed to preempt, invalidate, or limit rights, remedies,
procedures, or legal standards available to victims of discrimination
or retaliation under any other Federal law or law of a State or
political subdivision of a State, including title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or section 1979 of
the Revised Statutes (42 U.S.C. 1983). The obligations imposed by this
Act are in addition to those imposed by title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), and the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(b) Free Speech and Expression Laws and Religious Student Groups.--
Nothing in this Act shall be construed to alter legal standards
regarding, or affect the rights available to individuals or groups
under, other Federal laws that establish protections for freedom of
speech and expression, such as legal standards and rights available to
religious and other student groups under the 1st Amendment to the
Constitution and the Equal Access Act (20 U.S.C. 4071 et seq.).
SEC. 10. SEVERABILITY.
If any provision of this Act, or any application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the provision to any
other person or circumstance shall not be affected.
SEC. 11. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act and shall not apply to conduct occurring before the
effective date of this Act. | Student Non-Discrimination Act of 2011 - Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates.
Considers harassment to be a form of discrimination.
Prohibits retaliation against anyone for opposing conduct they reasonably believe to be unlawful under this Act.
Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them.
Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney's fees should they prevail.
Deems a state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program. | {"src": "billsum_train", "title": "To end discrimination based on actual or perceived sexual orientation or gender identity in public schools, and for other purposes."} | 3,040 | 197 | 0.429675 | 1.197103 | 0.8107 | 2.253165 | 17.278481 | 0.797468 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Royal Hong Kong Police Anticrime
Strategy Act of 1997''.
SEC. 2. ROYAL HONG KONG POLICE ANTICRIME STRATEGY.
(a) Definitions.--In this section--
(1) the term ``Attorney General'' means the Attorney
General of the United States;
(2) the term ``controlled substance'' has the same meaning
as in section 102 of the Controlled Substances Act (21 U.S.C.
802);
(3) the term ``Federal law enforcement agency'' includes--
(A) the Drug Enforcement Administration of the
Department of Justice;
(B) the Federal Bureau of Investigation of the
Department of Justice;
(C) the Immigration and Naturalization Service of
the Department of Justice;
(D) the Bureau of Alcohol, Tobacco, and Firearms of
the Department of the Treasury; and
(E) the United States Customs Service of the
Department of the Treasury;
(F) the United States Secret Service of the
Department of the Treasury; and
(G) any other department or agency of the Federal
Government that is authorized to engage in or supervise
the prevention, detection, investigation, or
prosecution of any violation of Federal law;
(4) the term ``qualified former officer of the Royal Hong
Kong Police'' means any individual employed by the Royal Hong
Kong Police on or before June 30, 1997, who--
(A) during that period of employment, was
authorized to engage in or supervise the prevention,
detection, investigation, or prosecution of criminal
law;
(B) in the determination of the Attorney General
and the Secretary of the Treasury, does not constitute
a law enforcement, national security, or other threat
to the interest of the United States; and
(C) meets such other requirements as the Attorney
General and the Secretary of the Treasury may
establish.
(b) Study and Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Attorney General and the Secretary
of the Treasury shall--
(A) conduct a study regarding the potential
recruitment, hiring, or retention of qualified former
officers of the Royal Hong Kong Police by Federal law
enforcement agencies to assist those agencies in the
prevention, detection, investigation, or prosecution of
Federal criminal offenses; and
(B) submit to the Committees on the Judiciary of
the Senate and the House of Representatives a report
describing the results of the study under subparagraph
(A).
(2) Consultation.--The Attorney General and the Secretary
of the Treasury--
(A) shall consult with the Director of the Office
of National Drug Control Policy of the Executive Office
of the President in conducting the study under
paragraph (1)(A); and
(B) shall include any recommendations of the
Director in the report submitted under paragraph
(1)(B).
(3) Contents of report.--To the maximum extent practicable,
in addition to such information as may be included at the
discretion of the Attorney General and the Secretary of the
Treasury, the report under paragraph (1)(B) shall include an
analysis of--
(A) the potential benefits of recruiting, hiring,
or retaining qualified former officers of the Royal
Hong Kong Police by Federal law enforcement agencies to
assist or otherwise support those agencies the
prevention, detection, investigation, or prosecution of
Federal criminal offenses, including--
(i) illegal international and domestic
trafficking of controlled substances, including
any violation of section 401(b)(1)(A) of the
Controlled Substances Act (21 U.S.C.
841(b)(1)(A));
(ii) illegal immigration, including the
smuggling of illegal immigrants;
(iii) illegal international arms
trafficking; and
(iv) any violation of section 1956 of title
18, United States Code;
(B) any special knowledge or capabilities that
qualified former officers of the Royal Hong Kong Police
would potentially provide to Federal law enforcement
agencies, such as translation or linguistic support,
including an assessment of the extent to which such
knowledge and capabilities are available domestically;
(C) any legal or administrative barriers that may
prevent the recruitment, hiring, or retention of
qualified former officers of the Royal Hong Kong Police
by Federal law enforcement agencies and, if necessary,
recommendations for legislation to address those
barriers; and
(D) any potential security issues that would be
raised by the hiring of qualified former officers of
the Royal Hong Kong Police by Federal law enforcement
agencies and, if necessary, the potential for
minimizing any security risks through deployment in
support or other capacities.
(c) Certification.--Not later than 30 days after the date on which
the report is submitted under subsection (b)(1)(B)--
(1) if the Attorney General determines, based on the
results included in that report, that the recruitment, hiring,
or retention of qualified former officers of the Royal Hong
Kong Police would be of significant assistance to Federal law
enforcement, the Attorney General shall so certify to Congress;
and
(2) if the Secretary of the Treasury determines, based on
the results included in that report, that the recruitment,
hiring, or retention of qualified former officers of the Royal
Hong Kong Police would be of significant assistance to Federal
law enforcement, the Secretary of the Treasury shall so certify
to Congress.
(d) Authorization of Appropriations.--
(1) Fiscal year 1998.--There are authorized to be
appropriated for fiscal year 1998 such sums as may be necessary
to carry out subsection (b)(1).
(2) Succeeding fiscal years.--If--
(A) the Attorney General makes a certification
under subsection (c)(1), there are authorized to be
appropriated such sums as may be necessary for each of
the fiscal years 1998, 1999, 2000, and 2001 for the
purposes of recruiting, hiring, or retaining not more
than 100 qualified former officers of the Royal Hong
Kong Police to support the activities of the Department
of Justice; and
(B) the Secretary of the Treasury makes a
certification under subsection (c)(2), there are
authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1998, 1999,
2000, and 2001 for the purposes of recruiting, hiring,
or retaining not more than 100 qualified former
officers of the Royal Hong Kong Police to support the
activities of the Department of the Treasury. | Royal Hong Kong Police Anticrime Strategy Act of 1997 - Directs the Attorney General and the Secretary of the Treasury to study and report to specified congressional committees regarding the potential recruitment, hiring, or retention of qualified former officers of the Royal Hong Kong Police by Federal law enforcement agencies to assist in the prevention, detection, investigation, or prosecution of Federal criminal offenses.
Authorizes appropriations for: (1) FY 1998 for conducting such study; and (2) FY 1998 through 2001 for the recruitment, hiring, or retention of up to 100 of such officers for each of the Departments of Justice and the Treasury if the Attorney General and the Secretary of the Treasury each certify that it would be of significant assistance to Federal law enforcement. | {"src": "billsum_train", "title": "Royal Hong Kong Police Anticrime Strategy Act of 1997"} | 1,349 | 150 | 0.678917 | 1.918082 | 0.811018 | 4.640845 | 9.260563 | 0.908451 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Opportunity Zone Family Center
Act of 2000''.
SEC. 2. COORDINATED SERVICES.
Title XI of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8401 et seq.) is amended to read as follows:
``TITLE XI--COORDINATED SERVICES
``SEC. 11001. FINDINGS AND PURPOSE.
``(a) Findings.--Congress finds the following:
``(1) Growing numbers of children are harmed by influences
outside of the classroom that increase their risk of academic
failure.
``(2) Factors such as poor nutrition, unsafe living
conditions, physical and sexual abuse, family and gang
violence, inadequate health care, unemployment, lack of child
care, and substance abuse harm families, and negatively affect
a child's ability to learn.
``(3) Parents and other caregivers in today's high-pressure
society often face heavy demands on their time that affect
their ability to adequately meet all the needs of their
children.
``(4) Access to health and social service programs in a
school-based or school-linked community service center may make
it easier for families to address the basic physical and
emotional needs of children and parents.
``(5) Services for families need to be more convenient and
less fragmented and duplicative.
``(6) Parents, school personnel, and service providers
should have access to services and activities to improve the
education, health, mental health, safety and economic well-
being of children and their families.
``(7) School personnel, health care providers, mental
health care providers, child care providers, juvenile justice
workers and other family service providers could be of greater
assistance to children and their families if they had access to
a single school-based or school-linked community service
center.
``(8) Coordinating health and social services with
education will help to ensure that children come to school
ready to learn.
``(b) Purpose.--The purpose of this title is to encourage eligible
partnerships to establish or expand child opportunity zone family
centers in or near public elementary and secondary schools in order to
provide students and their families better access to coordinated
services which improve the education, health, mental health, safety,
and economic well-being of students.
``SEC. 11002. COORDINATED SERVICES.
``(a) Program Authorized.--A local educational agency may use not
more than 5 percent of the amount of funds made available for transfer
under section 14206 and a portion of funds awarded pursuant to a grant
under section 11003 for the development, or the implementation or
expansion, of a coordinated service project under this section.
``(b) Application.--Each local educational agency desiring to use
funds described in subsection (a) to carry out 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.
``(c) Uses of Funds.--Funds described in subsection (a) may be used
to plan, implement, or expand activities which include--
``(1) hiring a services coordinator;
``(2) making minor renovations to existing buildings;
``(3) purchasing basic operating equipment;
``(4) improving communications and information-sharing
among entities participating in the coordinated services
project; or
``(5) providing training to teachers and appropriate
personnel concerning the role of such teachers and personnel in
a coordinated services project.
``SEC. 11003. GRANTS AUTHORIZED.
``(a) In General.--The Secretary may award, on a competitive basis,
grants to eligible partnerships to pay for the Federal share of the
cost of establishing and expanding child opportunity zone family
centers.
``(b) Duration.--The Secretary shall award grants under this
section for periods of 5 years.
``SEC. 11004. REQUIRED ACTIVITIES.
``Each eligible partnership receiving a grant under this title
shall use the grant funds--
``(1) in accordance with the needs assessment described in
section 11005(b)(1), to provide or link children and their
families with information, support, activities, or services in
core areas consisting of--
``(A) education, such as child care and education
programs for children below the age of compulsory
school attendance, before- and after-school care, and
school age enrichment and education support programs;
``(B) health, such as primary care (including
prenatal care, well child care, and mental health
care), preventative health and safety programs,
outreach and referral, screening and health promotion,
and enrollment in health insurance programs; and
``(C) family support, such as adult education and
literacy programs, welfare-to-work-programs, job
training, parenting skills programs, assistance that
supports healthy child development, and access to basic
needs, including food and housing;
``(2) to provide intensive, high-quality, research-based
instructional programs that--
``(A) provide violence prevention education for
families and developmentally appropriate instructional
services to children (including children below the age
of compulsory school attendance), such as education and
services on nonviolent conflict resolution, pro social
skills and behaviors, and other skills necessary for
effectively relating to others without violence; and
``(B) provide effective strategies for nurturing
and supporting the emotional, social, and cognitive
growth of children; and
``(3) to provide training, information, and support to
families to enable the families to participate effectively in
their children's education, and to help their children meet
challenging standards, including assisting families to--
``(A) understand the educational accountability
systems, including content standards, performance
standards, and local assessments, in place for the
State involved, the participating local educational
agency, and the participating elementary school or
secondary school;
``(B) understand their children's educational
needs, their children's educational performance in
comparison to State and local standards, and the steps
the school is taking to address the children's needs
and to help the children meet the standards; and
``(C) communicate effectively with personnel
responsible for providing educational services to the
families' children, and to participate in the
development, amendment, review, and implementation of
school-parent compacts, parent involvement policies,
and school plans.
``SEC. 11005. APPLICATIONS.
``(a) In General.--Each eligible partnership desiring a grant under
this title shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require.
``(b) Contents.--Each application submitted pursuant to subsection
(a) shall--
``(1) include a needs assessment, including a description
of how the partnership will ensure that the activities to be
assisted under this title will be tailored to meet the specific
needs of the children and families to be served;
``(2) describe arrangements that have been formalized
between the participating elementary school or secondary
school, and other partnership members;
``(3) describe how the partnership will effectively
coordinate and utilize Federal, State, and local educational
agency sources of funding, including funding provided under
part I of title X and under the Safe Schools/Healthy Students
Initiative (jointly funded by the Departments of Education,
Justice, and Health and Human Services), that provide
assistance to families and their children in the areas of job
training, housing, justice, health, mental health, child care,
and social and human services;
``(4) describe the partnership's plan to--
``(A) develop and carry out the activities assisted
under this part with extensive participation of
parents, administrators, teachers, pupil services
personnel, social and human service agencies, and
community organizations and leaders; and
``(B) connect and integrate the activities assisted
under this title with the education reform efforts of
the participating elementary school or secondary
school, and the participating local educational agency;
``(5) describe the partnership's strategy for providing
information and assistance in a language and form that families
can understand, including how the partnership will ensure that
families of students with limited English proficiency, or
families of students with disabilities, are effectively
involved, informed, and assisted;
``(6) describe how the partnership will collect and analyze
data, and will utilize specific performance measures and
indicators to--
``(A) determine the impact of activities assisted
under this title as described in section 11008(a); and
``(B) improve the activities assisted under this
title; and
``(7) describe how the partnership will protect the privacy
of families and their children participating in the activities
assisted under this title.
``SEC. 11006. FEDERAL SHARE.
``The Federal share of the cost of establishing and expanding child
opportunity zone family centers--
``(1) for the first year for which an eligible partnership
receives assistance under this title shall not exceed 90
percent;
``(2) for the second such year, shall not exceed 80
percent;
``(3) for the third such year, shall not exceed 70 percent;
``(4) for the fourth such year, shall not exceed 60
percent; and
``(5) for the fifth such year, shall not exceed 50 percent.
``SEC. 11007. CONTINUATION OF FUNDING.
``Each eligible partnership that receives a grant under this title
shall, after the third year for which the partnership receives funds
through the grant, be eligible to continue to receive the funds if the
Secretary determines that the partnership has made significant progress
in meeting the performance measures used for the partnership's local
evaluation under section 11008(a)(4).
``SEC. 11008. EVALUATIONS AND REPORTS.
``(a) Local Evaluations.--Each partnership receiving funds under
this title shall conduct annual evaluations and submit to the Secretary
reports containing the results of the evaluations. The reports shall
include--
``(1) information on the partnership's activities that are
assisted under this title;
``(2) information on the number of families and children
served by the partnership's activities that are assisted under
this part;
``(3) information on the partnership's effectiveness in
reaching and meeting the needs of families and children served
under this title, including underserved families, families of
students with limited English proficiency, and families of
students with disabilities; and
``(4) the results of a partnership's performance assessment
of the partnership, including performance measures
demonstrating--
``(A) improvements in student achievement, school
readiness, family participation in schools, and access
to health care, mental health care, child care, and
family support services, resulting from activities
assisted under this title; and
``(B) reductions in violence-related problems and
risk taking behavior among youth, and reductions in
truancy, suspension, and dropout rates, resulting from
activities assisted under this title.
``(b) National Evaluations.--
``(1) In general.--The Secretary shall reserve not more
than 3 percent of the amount appropriated under this title to
carry out a national evaluation of the activities assisted
under this title. Such evaluation shall be completed not later
than 3 years after the date of enactment of the Child
Opportunity Zone Family Center Act of 2000, and every year
thereafter.
``(2) Scope of evaluation.--In conducting the national
evaluation, the Secretary shall evaluate the effectiveness and
impact of the activities, and identify model activities,
assisted under this title.
``(3) Annual reports.--The Secretary shall submit an annual
report to Congress, regarding each national evaluation
conducted under paragraph (1), that contains the information
described in the national evaluation.
``(c) Model Activities.--The Secretary shall broadly disseminate
information on model activities developed under this title.
``SEC. 11009. DEFINITIONS.
``For the purpose of this title--
``(1) the term `coordinated services project' means a
comprehensive approach to meeting the educational, health,
social service, and other needs of children and their families,
including foster children and their foster families, through a
communitywide partnership that links public and private
agencies providing such services or access to such services
through a coordination site at or near a school; and
``(2) Child opportunity zone family center.--The term
`child opportunity zone family center' means a school-based or
school-linked community service center that provides and links
children and their families with comprehensive information,
support, services, and activities to improve the education,
health, mental health, safety, and economic well-being of the
children and their families.
``(3) Eligible partnership.--The term `eligible
partnership' means a partnership--
``(A) that contains--
``(i) at least 1 elementary school or
secondary school that--
``(I) receives assistance under
title I and for which a measure of
poverty determination is made under
section 1113(a)(5) with respect to a
minimum of 40 percent of the children
in the school; and
``(II) demonstrates parent
involvement and parent support for the
partnership's activities;
``(ii) a local educational agency;
``(iii) a public agency, other than a local
educational agency, including a local or State
department of health and social services; and
``(iv) a nonprofit community-based
organization, including a community mental
health services organization or a family health
center that provides mental health services;
and
``(B) that may contain--
``(i) an institution of higher education;
and
``(ii) other public or private nonprofit
entities.
``SEC. 11010. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$50,000,000 for fiscal year 2001, and such sums as may be necessary for
each of fiscal years 2002 through 2005.''. | Authorizes the Secretary of Education to award competitive grants to eligible partnerships for the Federal share of costs of establishing and expanding such child opportunity zone family centers.
Authorizes appropriations. | {"src": "billsum_train", "title": "Child Opportunity Zone Family Center Act of 2000"} | 2,973 | 40 | 0.480398 | 1.176061 | 0.339426 | 2.848485 | 90.121212 | 0.909091 |
SECTION 1. SHORT TITLE AND FINDINGS.
(a) This Act can be cited as the ``Iraq Petroleum Import
Restriction Act of 2001.''
(b) Findings.--Congress finds that:
(1) The Government of the Republic of Iraq--
(A) has failed to comply with the terms of United
Nations Security Council Resolution 687 regarding
unconditional Iraqi acceptance of the destruction,
removal, or rendering harmless, under international
supervision, of all nuclear, chemical and biological
weapons and all stocks of agents and all related
subsystems and components and all research,
development, support and manufacturing facilities, as
well as all ballistic missiles with a range greater
than 150 kilometers and related major parts, and repair
and production facilities and has failed to allow
United Nations inspectors access to sites used for the
production or storage of weapons of mass destruction;
(B) routinely contravenes the terms and conditions
of UNSC Resolution 661, authorizing the export of
petroleum products from Iraq in exchange for food,
medicine and other humanitarian products by conducting
a routine and extensive program to sell such products
outside of the channels established by UNSC Resolution
661 in exchange for military equipment and materials to
be used in pursuit of its program to develop weapons of
mass destruction in order to threaten the United States
and its allies in the Persian Gulf and surrounding
regions;
(C) has failed to adequately draw down upon the
amounts received in the Escrow Account established by
UNSC Resolution 986 to purchase food, medicine and
other humanitarian products required by its citizens,
resulting in massive humanitarian suffering by the
Iraqi people;
(D) conducts a periodic and systematic campaign to
harass and obstruct the enforcement of the United
States and United Kingdom-enforced ``No-Fly Zones'' in
effect in the Republic of Iraq; and
(E) routinely manipulates the petroleum export
production volumes permitted under UNSC Resolution 661
in order to create uncertainty in global energy
markets, and therefore threatens the economic security
of the United States.
(2) Further imports of petroleum products from the Republic
of Iraq are inconsistent with the national security and foreign
policy interests of the United States and should be eliminated
until such time as they are not so inconsistent.
SEC. 2. PROHIBITION ON IRAQI-ORIGIN PETROLEUM IMPORTS.
The direct or indirect import from Iraq of Iraqi-origin petroleum
and petroleum products is prohibited, notwithstanding an authorization
by the Committee established by UNSC Resolution 661 or its designee, or
any other order to the contrary.
SEC. 3. TERMINATION/PRESIDENTIAL CERTIFICATION.
This Act will remain in effect until such time as the President,
after consultation with the relevant committees in Congress, certifies
to the Congress that:
(a) The United States is not engaged in active military operations
in--
(1) enforcing ``No-Fly Zones'' in Iraq;
(2) support of United Nations sanctions against Iraq;
(3) preventing the smuggling of Iraqi-origin petroleum and
petroleum products in violation of UNSC Resolution 986; and
(4) otherwise preventing threatening action by Iraq against
the United States or its allies; and
(b) Resuming the importation of Iraqi-origin petroleum and
petroleum products would not be inconsistent with the national security
and foreign policy interests of the United States.
SEC. 4. HUMANITARIAN INTERESTS.
It is the sense of the Senate that the President should make all
appropriate efforts to ensure that the humanitarian needs of the Iraqi
people are not negatively affected by this Act, and should encourage
through public, private, domestic and international means the direct or
indirect sale, donation or other transfer to appropriate non-
governmental health and humanitarian organizations and individuals
within Iraq of food, medicine and other humanitarian products.
SEC. 5. DEFINITIONS.
(a) ``661 Committee.''--The term 661 Committee means the Security
Council Committee established by UNSC Resolution 661, and persons
acting for or on behalf of the Committee under its specific delegation
of authority for the relevant matter or category of activity, including
the overseers appointed by the UN Secretary-General to examine and
approve agreements for purchases of petroleum and petroleum products
from the Government of Iraq pursuant to UNSC Resolution 986.
(b) ``UNSC Resolution 661.''--The term UNSC Resolution 661 means
United Nations Security Council Resolution No. 661, adopted August 6,
1990, prohibiting certain transactions with respect to Iraq and Kuwait.
(c) ``UNSC Resolution 986.''--The term UNSC Resolution 986 means
United Nations Security Council Resolution 986, adopted April 14, 1995.
SEC. 6. EFFECTIVE DATE.
The prohibition on importation of Iraqi origin petroleum and
petroleum products shall be effective 30 days after enactment of this
Act. | Iraq Petroleum Import Restriction Act of 2001 - Prohibits the direct or indirect importation of Iraqi-origin petroleum and petroleum products into the United States, notwithstanding action by the Committee established by United Nations Security Council Resolution 661 authorizing the export of petroleum products from Iraq in exchange for humanitarian assistance. Declares such prohibition shall remain in effect until the President certifies to Congress that: (1) the United States is not engaged in certain active military operations with respect to Iraq; and (2) resuming the importation of Iraqi-origin petroleum and petroleum products would not be inconsistent with U.S. national security and foreign policy interests.Urges the President to take appropriate efforts to ensure that the humanitarian needs of the Iraqi people are not negatively affected by this Act through the transfer to Iraq of food, medicine, and other humanitarian products. | {"src": "billsum_train", "title": "A bill to make the United States' energy policy toward Iraq consistent with the national security policies of the United States."} | 1,045 | 183 | 0.60064 | 1.655197 | 0.893167 | 4.76129 | 6.232258 | 0.954839 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Partial Hospitalization
Stabilization and Integrity Act of 2011''.
SEC. 2. MEDICARE PAYMENT FOR PARTIAL HOSPITALIZATION SERVICES.
(a) Establishment of New Payment Methodology.--Section 1833 of the
Social Security Act (42 U.S.C. 1395l) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by striking ``or (E)'' and
inserting ``(E), or (I)'';
(B) in subparagraph (G), by striking ``and'' at the
end;
(C) in subparagraph (H), by striking the comma at
the end and inserting ``; and''; and
(D) by inserting after subparagraph (H) the
following new subparagraph:
``(I) with respect to partial hospitalization
services, the amount determined under subsection
(z);'';
(2) in subsection (t)(2)(B)--
(A) in clause (iii), by striking ``but'';
(B) in clause (iv), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(v) does not include partial
hospitalization services.''; and
(3) by adding at the end the following new subsection:
``(z) Payment for Partial Hospitalization Services.--
``(1) In general.--The Secretary shall establish consistent
with this subsection a payment system for partial
hospitalization services. Such payment system shall be designed
to provide for the same payment rates without regard to whether
the services are furnished by a hospital or by a community
mental health center, to minimize annual fluctuations in
overall rates, and to result in an aggregate amount of payment
under this part for such services during the first 5 years in
which this subsection is effective equal to the aggregate
amount of payment that would have been made under this part for
such services during such period if the Partial Hospitalization
Stabilization and Integrity Act of 2011 had not been enacted.
``(2) Description of system.--Under such payment system--
``(A) payments shall be made based on a per diem
rate (computed consistent with subparagraph (B)) and
subject to an annual increase (consistent with
subparagraphs (C) and (D) and paragraph (1));
``(B) the base per diem rate for services furnished
in 2011 under this subparagraph shall be deemed to be
$238.33 for partial hospitalization services (including
mental health services composite), $82.73 with respect
to brief individual psychotherapy, $113.05 for extended
individual psychotherapy, $128.82 for extended
individual psychotherapy, and $54.87 for group
psychotherapy;
``(C) the annual adjustment under this subparagraph
shall be, subject to subparagraph (D) and paragraph
(1), a uniform inflation factor, such as the consumer
price index for all urban consumers, to be specified by
the Secretary;
``(D) such annual adjustment--
``(i) if an increase, shall be--
``(I) provided in full only for
those providers of partial
hospitalization services that meet
performance standards specified by the
Secretary consistent with the quality
service criteria established under
paragraph (3) and paragraph (4); and
``(II) reduced for those providers
of such services that fail to meet such
performance standards; and
``(ii) if a decrease, shall be--
``(I) provided in full for those
providers of such services that fail to
meet such standards; and
``(II) reduced for those providers
of such services that meet such
standards; and
``(E) payment shall not be made for partial
hospitalization services with a level of care of fewer
than 4 services per service day.
``(3) Establishment of quality service criteria to judge
performance.--In order to carry out paragraph (2)(D), the
Secretary shall establish criteria to measure performance of
providers of partial hospitalization services. Such criteria
shall include criteria relating to at least the following:
``(A) Access.--The number of program days of
scheduled operation from the time of a request for
services to the first scheduled day of service.
``(B) Treatment intensity.--The percentage of
scheduled attendance consistent with a minimum
attendance average of 4 days per calendar week over an
episode of care.
``(C) Discharge planning.--The percentage of
patients with a scheduled follow-up appointment within
14 days after the date of discharge (as needed).
``(D) Continuity of care.--The percentage of post-
discharge continuity of care plans provided to next
level of care providers upon discharge.
``(4) Requirement for accreditation.--Effective 2 years
after the date of the enactment of this subsection, a provider
of partial hospitalization services shall not be considered to
meet performance standards under paragraph (2)(D) unless the
provider is accredited by the Joint Commission on Accreditation
of Healthcare Organizations, the Commission on Accreditation of
Rehabilitation Facilities, or such other accreditation body as
may be recognized by the Secretary.''.
(b) Conforming Coverage of Mental Health Services Composite
Furnished by Community Mental Health Centers.--Under section
1861(ff)(2)(I) of the Social Security Act (42 U.S.C. 1395x(ff)(2)(I)),
the Secretary of Health and Human Services shall include such items and
services as would result in the same scope of items and services
covered under partial hospitalization services if furnished by a
community mental health center as would be covered as partial
hospitalization services if furnished by a hospital.
(c) Effective Date.--This section, and the amendments made by this
section, shall apply to services furnished on or after January 1, 2012. | Partial Hospitalization Stabilization and Intregity Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish: (1) a payment system for partial hospitalization services, and (2) quality service criteria to measure the performance of providers of such services. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act with respect to payment for partial hospitalization services under the Medicare program."} | 1,313 | 77 | 0.574615 | 1.413486 | 0.846824 | 3.206349 | 19.079365 | 0.920635 |
SECTION 1. DELAY IN EFFECTIVE DATE FOR CHANGE IN POINT OF IMPOSITION OF
TAX ON DIESEL FUEL.
(a) In General.--Subsection (e) of section 13242 of the Revenue
Reconciliation Act of 1993 is amended to read as follows:
``(e) Effective Date.--The amendments made by this section shall
take effect on the earlier of--
``(1) July 1, 1994, or
``(2) the 60th day after the date that final regulations
are prescribed to carry out such amendments.
In no event shall such amendments take effect before January 1, 1994.''
(b) Conforming Amendments to Floor Stocks Tax.--
(1) Section 13243 of such Act is amended by striking
``January 1, 1994'' each place it appears and inserting ``the
effective date''.
(2) Paragraph (1) of section 13243(a) of such Act is
amended by striking ``December 31, 1993'' and inserting ``the
day before the effective date''.
(3) Paragraph (3) of section 13243(c) of such Act is
amended by striking ``July 31, 1994'' and inserting ``the last
day of the 6th month beginning after the effective date''.
(4) Subsection (d) of section 13243 of such Act is amended
by adding at the end thereof the following new paragraph:
``(3) Effective date.--The term `effective date' means the
date on which the amendments made by section 13242 of this Act
take effect.''
SEC. 2. EXPANSION OF VENDOR REFUND PROCEDURES WITH RESPECT TO DIESEL
FUEL.
(a) In General.--Subsection (l) of section 6427 of the Internal
Revenue Code of 1986 (relating to nontaxable uses of diesel fuel and
aviation fuel) is amended by striking paragraph (5), by redesignating
paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5),
respectively, and by striking paragraph (1) and inserting the following
new paragraphs:
``(1) Diesel fuel.--Except as otherwise provided in this
subsection and in subsection (k), if--
``(A) any diesel fuel on which tax has been imposed
by section 4041 or 4081 is sold for use by any person
in a nontaxable use, and
``(B) the ultimate vendor of such fuel--
``(i) is registered under section 4101, and
``(ii) meets the requirements of
subparagraph (A), (B), or (D) of section
6416(a)(1),
the Secretary shall pay (without interest) to such ultimate
vendor an amount equal to the aggregate amount of tax imposed
on such fuel under section 4041 or 4081, as the case may be.
``(2) Aviation fuel.--Except as otherwise provided in this
subsection and in subsection (k), if any aviation fuel on which
tax has been imposed by section 4091 is used by any person in a
nontaxable use, the Secretary shall pay (without interest) to
the ultimate purchaser of such fuel an amount equal to the
aggregate amount of tax imposed on such fuel under section
4091.''
(b) Conforming Amendments.--
(1) Subparagraph (A) of section 6427(i)(5) of such Code
(relating to special rule for vendor refunds) is amended by
striking ``subsection (l)(5)'' each place it appears and
inserting ``subsection (l)(1)''.
(2) Paragraph (5) of section 6427(l) of such Code, as
redesignated by subsection (a), is amended by striking
``paragraph (1)'' and inserting ``paragraph (2)''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by section 13242 of the
Revenue Reconciliation Act of 1993.
SEC. 3. VENDOR REFUNDS ON GASOLINE SOLD TO STATE AND LOCAL GOVERNMENTS.
(a) In General.--Subsection (c) of section 6421 of the Internal
Revenue Code of 1986 (relating to gasoline used for certain exempt
purposes) is amended to read as follows:
``(c) Exempt Purposes.--
``(1) In general.--If gasoline is sold to any person for
any purpose described in paragraph (2), (3), or (5) of section
4221(a), the Secretary shall pay (without interest) to such
person an amount equal to the product of the number of gallons
of gasoline so sold multiplied by the rate at which tax was
imposed on such gasoline by section 4081.
``(2) Sales to state and local governments.--
``(A) In general.--If--
``(i) gasoline on which tax has been
imposed by section 4081 is sold to a State or
local government for the exclusive use of a
State or local government, and
``(ii) the ultimate vendor of such fuel--
``(I) is registered under section
4101, and
``(II) meets the requirements of
subparagraph (A), (B), or (D) of
section 6416(a)(1),
the Secretary shall pay (without interest) to such
ultimate vendor an amount equal to the product of the
number of gallons of gasoline so sold multiplied by the
rate at which tax was imposed on such gasoline by
section 4081.
``(B) Payment of claim.--Notwithstanding
subparagraph (A), if the Secretary has not paid a claim
payable under this paragraph within 20 days after the
date such claim is filed, such claim shall be paid with
interest from such date, determined by using the
overpayment rate and method under section 6621.''
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by section 13242 of the
Revenue Reconciliation Act of 1993. | Amends the Revenue Reconciliation Act of 1993 to delay the effective date of the change in the point of imposition of the tax on diesel fuel from January 1, 1994, to: (1) July 1, 1994; or (2) the 60th day after final regulations are prescribed.
Amends the Internal Revenue Code to allow vendors of diesel fuel sold for any nontaxable use to claim tax refunds on behalf of ultimate users. Provides a similar rule for vendors of gasoline sold to State and local governments. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to delay the effective date for the change in the point of imposition of the tax on diesel fuel, to provide that vendors of diesel fuel used for any nontaxable use may claim refunds on behalf of the ultimate users, and to provide a similar rule for vendors of gasoline used by State and local governments."} | 1,318 | 102 | 0.609273 | 1.608709 | 0.586042 | 2.919192 | 12.161616 | 0.878788 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The military health care system of the Department of
Defense and the Veterans Health Administration of the
Department of Veterans Affairs are national institutions that
collectively manage more than 1,500 hospitals, clinics, and
health care facilities worldwide to provide services to more
than 11,000,000 beneficiaries.
(2) In the post-Cold War era, these institutions are in a
profound transition that involves challenging opportunities.
(3) During the period from 1988 to 1998, the number of
military medical personnel has declined by 15 percent and the
number of military hospitals has been reduced by one-third.
(4) During the two years since 1996, the Department of
Veterans Affairs has revitalized its structure by
decentralizing authority into 22 Veterans Integrated Service
Networks.
(5) In the face of increasing costs of medical care,
increased demands for health care services, and increasing
budgetary constraints, the Department of Defense and the
Department of Veterans Affairs have embarked on a variety of
dynamic and innovative cooperative programs ranging from shared
services to joint venture operations of medical facilities.
(6) In 1984, there was a combined total of 102 Department
of Veterans Affairs and Department of Defense facilities with
sharing agreements. By 1997, that number had grown to 420.
During the six years from fiscal year 1992 through fiscal year
1997, shared services increased from slightly over 3,000
services to more than 6,000 services ranging from major medical
and surgical services, laundry, blood, and laboratory services
to unusual speciality care services.
(7) The Department of Defense and the Department of
Veterans Affairs are conducting four health care joint ventures
in New Mexico, Nevada, Texas, Oklahoma, and are planning to
conduct four more such ventures in Alaska, Florida, Hawaii, and
California.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Department of Defense and the Department of
Veterans Affairs are to be commended for the cooperation
between the two departments in the delivery of medical care, of
which the cooperation involved in the establishment and
operation of the Department of Defense and the Department of
Veterans Affairs Executive Council is a praiseworthy example;
(2) the two departments are encouraged to continue to
explore new opportunities to enhance the availability and
delivery of medical care to beneficiaries by further enhancing
the cooperative efforts of the departments; and
(3) enhanced cooperation is encouraged for--
(A) the general areas of access to quality medical
care, identification and elimination of impediments to
enhanced cooperation, and joint research and program
development; and
(B) the specific areas in which there is
significant potential to achieve progress in
cooperation in a short term, including computerization
of patient records systems, participation of the
Department of Veterans Affairs in the TRICARE program,
pharmaceutical programs, and joint physical
examinations.
SEC. 3. JOINT SURVEY ON POPULATIONS SERVED.
(a) Survey Required.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly conduct a survey of their respective
medical care beneficiary populations to identify, by category of
beneficiary (defined as the Secretaries consider appropriate), the
expectations of, requirements for, and behavior patterns of the
beneficiaries with respect to medical care. The two Secretaries shall
develop the protocol for the survey jointly, but shall obtain the
services of an entity independent of the Department of Defense and the
Department of Veterans Affairs for carrying out the survey.
(b) Matters To Be Surveyed.--The survey shall include the
following:
(1) Demographic characteristics, economic characteristics,
and geographic location of beneficiary populations with regard
to catchment or service areas.
(2) The types and frequency of care required by veterans,
retirees, and dependents within catchment or service areas of
Department of Defense and Veterans Affairs medical facilities
and outside those areas.
(3) The numbers of, characteristics of, and types of
medical care needed by the veterans, retirees, and dependents
who, though eligible for medical care in Department of Defense
or Department of Veterans Affairs treatment facilities or other
federally funded medical programs, choose not to seek medical
care from those facilities or under those programs, and the
reasons for that choice.
(4) The obstacles or disincentives for seeking medical care
from such facilities or under such programs that veterans,
retirees, and dependents perceive.
(5) Any other matters that the Secretary of Defense and the
Secretary of Veterans Affairs consider appropriate for the
survey.
(c) Report.--The Secretary of Defense and the Secretary of Veterans
Affairs shall submit a report on the results of the survey to the
appropriate committees of Congress. The report shall contain the
matters described in subsection (b) and any proposals for legislation
that the Secretaries recommend for enhancing Department of Defense and
Department of Veterans Affairs cooperative efforts with respect to the
delivery of medical care.
SEC. 4. REVIEW OF IMPEDIMENTS TO COOPERATION.
(a) Review Required.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly conduct a review to identify impediments
to cooperation between the Department of Defense and the Department of
Veterans Affairs regarding the delivery of medical care. The matters
reviewed shall include the following:
(1) All laws, policies, and regulations, and any attitudes
of beneficiaries of the health care systems of the two
departments, that have the effect of preventing the
establishment, or limiting the effectiveness, of cooperative
health care programs of the departments.
(2) The requirements and practices involved in the
credentialling and licensure of health care providers.
(3) The perceptions of beneficiaries in a variety of
categories (defined as the Secretaries consider appropriate)
regarding the various Federal health care systems available for
their use.
(b) Report.--The Secretaries shall jointly submit a report on the
results of the review to the appropriate committees of Congress. The
report shall include any proposals for legislation that the Secretaries
recommend for eliminating or reducing impediments to interdepartmental
cooperation that are identified during the review.
SEC. 5. PARTICIPATION OF DEPARTMENT OF VETERANS AFFAIRS IN TRICARE.
(a) Review Required.--The Secretary of Defense shall review the
TRICARE program to identify opportunities for increased participation
by the Department of Veterans Affairs in that program. The ongoing
collaboration between Department of Defense officials and Department of
Veterans Affairs officials regarding increasing the participation shall
be included among the matters reviewed.
(b) Semiannual Report.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly submit to the appropriate committees
of Congress a semiannual report on the status of the review and on
efforts to increase the participation of the Department of Veterans
Affairs in the TRICARE program. No report is required under this
subsection after the submission of a semiannual report in which the
Secretaries declare that the Department of Veterans Affairs is
participating in the TRICARE program to the extent that can reasonably
be expected to be attained.
SEC. 6. PHARMACEUTICAL BENEFITS AND PROGRAMS.
(a) Examination Required.--(1) The Federal Pharmaceutical Steering
Committee shall--
(A) undertake a comprehensive examination of existing
pharmaceutical benefits and programs for beneficiaries of
Federal medical care programs, including matters relating to
the purchasing, distribution, and dispensing of pharmaceuticals
and the management of mail order pharmaceuticals programs; and
(B) review the existing methods for contracting for and
distributing medical supplies and services.
(2) The committee shall submit a report on the results of the
examination to the appropriate committees of Congress.
(b) Report.--The committee shall submit a report on the results of
the examination to the appropriate committees of Congress.
SEC. 7. STANDARDIZATION OF PHYSICAL EXAMINATIONS FOR DISABILITIES.
The Secretary of Defense and the Secretary of Veterans Affairs
shall submit to the appropriate committees of Congress a report on the
status of the efforts of the Department of Defense and the Department
of Veterans Affairs to standardize physical examinations administered
by the two departments for the purpose of determining or rating
disabilities.
SEC. 8. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.
For the purposes of this Act, the appropriate committees of
Congress are as follows:
(1) The Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate.
(2) The Committee on National Security and the Committee on
Veterans' Affairs of the House of Representatives.
SEC. 9. DEADLINES FOR SUBMISSION OF REPORTS.
(a) Report on Joint Survey of Populations Served.--The report
required by section 3(c) shall be submitted not later than January 1,
2000.
(b) Report on Review of Impediments to Cooperation.--The report
required by section 4(b) shall be submitted not later than May 1, 1999.
(c) Semiannual Report on Participation of Department of Veterans
Affairs in TRICARE.--The semiannual report required by section 5(b)
shall be submitted not later than January 1 and June 1 of each year.
(d) Report on Examination of Pharmaceutical Benefits and
Programs.--The report on the examination required under section 6 shall
be submitted not later than 60 days after the completion of the
examination.
(e) Report on Standardization of Physical Examinations for
Disabilities.--The report required by section 7 shall be submitted not
later than June 1, 1999. | Expresses the sense of the Congress that: (1) the Department of Defense (DOD) and the Department of Veterans Affairs (VA) should be commended for their cooperative efforts in the delivery of medical care; (2) DOD and VA should continue to explore new opportunities to enhance the availability and delivery of medical care to beneficiaries by further enhancing such cooperative efforts; and (3) such enhanced cooperation is encouraged for the general areas of access to quality medical care, identification and elimination of impediments to cooperation, and joint research and program development and for the specific areas in which there is significant potential to achieve progress in cooperation in a short term, including computerization of patient records systems, VA participation in TRICARE, pharmaceutical programs, and joint physical examinations.
Directs the DOD and VA Secretaries to jointly conduct: (1) a survey of their respective medical care beneficiary populations to identify the expectations of, requirements for, and behavior patterns of such beneficiaries with respect to medical care; and (2) a review of impediments to cooperation in the delivery of medical care. Requires reports to the congressional defense and veterans' affairs committees (the committees).
Requires the Secretary of Defense to review and report semiannually to the committees on opportunities for increased VA participation in TRICARE.
Directs the Federal Pharmaceutical Steering Committee to: (1) undertake a comprehensive examination of existing pharmaceutical benefits and programs for beneficiaries of Federal medical care programs; (2) review the existing methods for contracting for and distributing medical supplies and services; and (3) report examination results to the committees.
Directs the Secretaries to submit to the committees a report on the status of DOD and VA efforts to standardize physical examinations administered to determine or rate disabilities.
Provides deadlines for required reports. | {"src": "billsum_train", "title": "A bill to require the Secretary of Defense and the Secretary of Veterans Affairs to carry out joint reviews relating to interdepartmental cooperation in the delivery of medical care by the departments."} | 1,961 | 371 | 0.595936 | 2.036133 | 0.994784 | 4.063768 | 5.446377 | 0.921739 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Support Payment Act''.
SEC. 2. DECLARATIONS OF CONGRESS.
(a) Right To Support.--The Congress hereby declares that every
unemancipated child has a natural, moral, social, and Federal right to
be supported by such child's parent or parents and that such right
transcends the status of debt.
(b) Effect of Exercise of Right To Travel.--The Congress further
declares that while sound national policy requires that migration
throughout the United States be unrestricted, experience has disclosed
that in the exercise of the right of migration and travel many
individuals leave behind them dependent and neglected children; and
that although the courts of the State in which such children reside may
have properly ordered an individual to meet his or her natural, moral,
social, and Federal obligation to such children, once such individual
has traveled to another State such individual has a practical sanctuary
against jurisdiction of the original State of residence.
(c) Instances of Departure Preceding Court Jurisdiction.--The
Congress further declares that in other instances the departure
preceded acquisition of jurisdiction over the individual by courts of
the original State with like result.
(d) Child Support Enforcement Amendments of 1984 Were Significant
Steps.--In enacting the Child Support Enforcement Amendments of 1984
the Congress took significant steps to assist children in obtaining
needed financial support from their parents regardless of their
circumstances, but many of the evils outlined above remain.
(e) Policy.--It is the policy of Congress in this Act to correct
these evils--
(1) by requiring that orders of State courts directing
individuals to meet their natural, moral, social, and Federal
obligations to such children shall be enforced in the State
courts in areas to which such individuals have migrated from
the original jurisdiction within the United States; and
(2) by giving State courts, in States to which such
individuals have migrated, original jurisdiction in suits
brought by citizens of other States to order such migrants to
meet such obligations, to the end that such children will not
suffer want or be made the objects of public welfare and thus
become an unnecessary burden to the general public and be
themselves thereby humiliated.
SEC. 3. ENFORCEMENT OF STATE COURT ORDERS.
(a) In General.--Part VI of title 28, United States Code, is
amended by adding at the end thereof the following new chapter:
``CHAPTER 180.--ENFORCEMENT OF STATE COURT SUPPORT ORDERS
``Sec.
``3801. Definitions.
``3802. Registration of support orders.
``3803. Enforcement.
``3804. Notice to original court.
``Sec. 3801. Definitions
``As used in this chapter--
``(1) the term `support order' means an order of a State
court having jurisdiction over an individual, directing such
individual to make payments periodically to (or for the support
of) such individual's child (whether the issue of such
individual's body, legitimate or illegitimate, or adopted);
``(2) the term `obligor', with respect to a support order,
means an individual who is directed to make payments under the
order;
``(3) the term `obligee' means any individual to whom the
proceeds of a support order are payable for such individual, or
for the use or benefit of another individual, or such other
individual's guardian or guardian ad litem;
``(4) the term `original court', with respect to a support
order, means the court in which the order was made;
``(5) the term `State' includes the territories and the
District of Columbia; and
``(6) the term `registered', with respect to a support
order, means registered under section 3102 of this title.
``Sec. 3802. Registration of support orders
``Any obligee of a support order may register the order in any
court of any State in which an obligor of the order resides, if the
court is located outside the State in which the order was made, and has
jurisdiction to issue support orders. Registration shall be
accomplished by filing with the clerk of the court a certified copy of
the support order and of each order of the original court modifying the
support order.
``Sec. 3803. Enforcement
``(a) Any court in which a support order is registered shall
entertain contempt proceedings, in the same manner as if the order were
an order of such court, against an obligor who fails to comply with the
order within thirty days after being served notice that it has been
registered.
``(b) No proceedings to enforce a support order shall be begun in
any court under this section unless a copy of each order of the
original court modifying the support order is registered under section
3102 of this title.
``(c) The cost of enforcement proceedings under this section shall
be taxed against the party against whom the issues are resolved. The
obligor shall be required to pay a reasonable attorney fee to the
obligee if the court finds the proceedings were necessary to compel the
obligor to comply with the support order.
``Sec. 3804. Notice to original court
``When, in any court, any support order is registered under section
3102 of this title or any proceedings are taken under section 3103 of
this title to enforce a support order, written notice of such action
under the seal of such court shall be sent to the original court.''.
(b) Clerical Amendment.--The table of chapters for part VI of title
28, United States Code, is amended by adding at the end thereof the
following new item:
``180. Enforcement of State Court Support Orders............ 3801''.
SEC. 4. STATE COURT JURISDICTION.
Section 1332 of title 28, United States Code, is amended by adding
at the end the following new subsection:
``(e) State courts shall have original jurisdiction of civil
actions brought by a citizen of another State to order a citizen of the
State in which the court is located to make payments periodically to
(or for the support of) such citizen's child (whether the issue of such
citizen's body, legitimate or illegitimate, or adopted) if under the
law of such State a State court is authorized to make such an order, as
an incident to a divorce proceeding or otherwise.''. | Federal Support Payment Act - Amends the Federal judicial code to: (1) provide for the registration and enforcement of child support orders in States outside the State in which the order was made; (2) require notice of such registration and enforcement to be provided to the original court; and (3) grant State courts original jurisdiction of civil actions brought by a citizen of another State to order a citizen of the State in which the court is located to make payments periodically to (or for the support of) such citizen's child if under the law of such State a State court is authorized to make such an order. | {"src": "billsum_train", "title": "Federal Support Payment Act"} | 1,431 | 125 | 0.536997 | 1.420574 | 0.599488 | 7.131148 | 10.885246 | 0.934426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green Technology Promotion Act of
1993''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The national policy of the United States declares that
pollution should be prevented or reduced at the source whenever
feasible, prior to environmentally sound recycling, treatment,
or landfilling.
(2) There are significant opportunities for industry to
reduce or prevent pollution at the source through cost-
effective changes in production, operation, and raw materials
use.
(3) Such changes offer industry substantial savings in
reduced raw material, pollution control, and liability costs,
and help to protect the environment and reduce risks to worker
health and safety.
(4) Federal Government estimates indicate that businesses
can reduce their waste generation 33 percent to 50 percent by
implementing source reduction techniques, and private sector
studies suggest that some industry sectors can reduce their
waste by up to 80 percent through the use of such techniques.
(5) In most cases, source reduction and energy efficiency
techniques do not require the purchase of new equipment, but
merely a better understanding of how to use equipment currently
available.
(6) In fact, one recent study indicated that 25 percent of
all source reduction activities require no capital investment
for implementation and, of those that require capital, 50
percent of the capital expenditures were recouped in savings
in, on average, less than 18 months.
(7) The private sector must take the lead in reducing the
production of waste by manufacturing companies and, in fact,
many large companies have contracted with consultants or
performed internal audits to find methods for reducing
pollution in their own processes.
(8) Source reduction is fundamentally different from, and
more desirable than, waste management and pollution control and
should be promoted by Federal agencies, particularly the
Department of Commerce in its role in assisting businesses.
(9) The Federal Government can assist small- and medium-
sized companies that often are unaware of the techniques
available for pollution prevention and the possible savings
from employing them, and such Government assistance will help
meet the dual goals of modernizing manufacturing and improving
the environment.
(10) The Environmental Protection Agency and the Department
of Energy can provide the Manufacturing Technology Centers with
technical expertise in this area.
(11) The Environmental Protection Agency has conducted over
200 source reduction assessments for manufacturers and the
Department of Energy has conducted over 4,100 energy audits
which have saved companies $419 million and 77 trillion Btu's
of energy.
(12) Assisting small- and medium-sized companies to reduce
the waste products created during the manufacturing process
will reduce the companies' costs, and thus improve the
competitiveness of such companies, by--
(A) reducing their costs of disposal;
(B) reducing their costs of complying with
environmental regulations;
(C) reducing their raw material costs;
(D) reducing liability costs associated with
transport and disposal; and
(E) assisting these companies in identifying areas
where their production processes are inefficient.
(b) Purpose.--It is the purpose of this Act to incorporate
environmental concerns into technology programs established in the
National Institute of Standards and Technology.
SEC. 3. DISSEMINATION OF SOURCE REDUCTION AND ENERGY EFFICIENCY
TECHNOLOGIES.
The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.) is amended by adding at the end the following new
section:
``SEC. 23. DISSEMINATION OF SOURCE REDUCTION AND ENERGY EFFICIENCY
TECHNOLOGIES.
``(a) In General.--Each Regional Center for the Transfer of
Manufacturing Technology established in section 25 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k) shall
conduct or assist in the conducting of energy efficiency and source
reduction assessments of client companies of the Regional Centers and
the Manufacturing Outreach Centers established under subsection (c).
These assessments shall assist such client companies in identifying
opportunities for energy efficiency conservation and source reduction
through improvements in manufacturing processes or the purchase of new
equipment.
``(b) Training and Other Assistance.--In order to facilitate these
energy efficiency and source reduction assessments--
``(1) at least one employee of each Regional Center (who
shall be designated by such Regional Center) shall receive
training from the Department of Energy and the Environmental
Protection Agency concerning the conducting of energy
efficiency and source reduction assessments; and
``(2) not later than 12 months after the date of enactment
of this section, the National Institute of Standards and
Technology, in consultation with the Environmental Protection
Agency and the Department of Energy, shall make available a
software assessment package to the Regional Centers and the
Manufacturing Outreach Centers for the purpose of assisting
client companies in identifying opportunities for improved
energy efficiency and source reduction.
``(c) Manufacturing Outreach Centers.--(1) Eligible government and
private sector organizations that are engaged in technology or
manufacturing extension activities may apply to the Secretary for
designation as Manufacturing Outreach Centers, in such form and manner
as the Secretary may prescribe. Eligible organizations include Federal,
State, and local government agencies, extension programs, universities,
and laboratories; small business development centers; and professional
societies, worker organizations, industrial organizations, nonprofit
organizations, community development organizations, community colleges,
and technical schools and colleges.
``(2) The Secretary shall establish standards for designation of
existing technology or manufacturing extension programs and for
qualification of start-up programs as Manufacturing Outreach Centers.
``(d) Definition.--For purposes of this section, the term `source
reduction' has the same meaning as in section 6603 of the Pollution
Prevention Act of 1990 (42 U.S.C. 13102).''. | Green Technology Promotion Act of 1993 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require Regional Centers for the Transfer of Manufacturing Technology to conduct energy efficiency and source reduction assessments for client companies.
Authorizes eligible government and private sector organizations that are engaged in technology or manufacturing extension activities to apply for Manufacturing Outreach Center designation. | {"src": "billsum_train", "title": "Green Technology Promotion Act of 1993"} | 1,218 | 73 | 0.39233 | 1.08046 | 0.74369 | 4.40625 | 18.484375 | 0.96875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tsunamis Temporary Protected Status
Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) On December 26, 2004, an undersea earthquake with a
magnitude of 9.0 on the Richter scale and a depth of 10
kilometers occurred off the west coast of Northern Sumatra,
triggering massive tsunamis that affected several countries
throughout South and Southeast Asia.
(2) This is the fourth largest magnitude recorded since the
establishment of accurate global seismographic record-keeping
in 1900.
(3) The earthquake, the strongest since 1964, was followed
by dozens of aftershocks, many with magnitudes of 5.0 or
greater.
(4) The earthquake triggered tsunamis that produced
devastating destruction and environmental disaster in the Asian
regions of Sri Lanka, India, Indonesia, Thailand, Somalia,
Myanmar, Malaysia, Maldives, Tanzania, Seychelles, Bangladesh,
and Kenya.
(5) The tsunamis produced waves of up to 50 feet in height.
(6) As a result of the earthquake, and the tsunamis it
triggered, more than 2.6 million people have been displaced and
tens of thousands of people are still missing.
(7) As a result of the earthquake, and the tsunamis it
triggered, more than 94,000 deaths have been established in
Indonesia, and the Indonesian ambassador to Malaysia has said
that up to 400,000 may be dead in villages that show no signs
of life.
(8) As a result of the earthquake, and the tsunamis it
triggered, more than 46,000 deaths have been established in Sri
Lanka, mostly children and the elderly, and more than 1.5
million people are displaced from their homes.
(9) As a result of the earthquake, and the tsunamis it
triggered, more than 14,800 people are dead or feared dead in
India, with more than 7,000 missing.
(10) As a result of the earthquake, and the tsunamis it
triggered, more than 4,900 deaths have been established in
Thailand, with more than 6,400 people missing.
(11) As a result of the earthquake, and the tsunamis it
triggered, more than 80 deaths have been established in
Maldives, with more than 25 people missing.
(12) The United Nations has declared that the current
relief operation will be the costliest one ever.
(13) United Nations Secretary-General Kofi Annan has
estimated that reconstruction probably will take between 5 and
10 years.
(14) The total number of deaths exceeds 154,800 people.
(15) The earthquake and subsequent aftershocks and flooding
have hampered, and in some cases prevented, delivery of food
and other supplies.
SEC. 3. DESIGNATION TO RENDER NATIONALS OF SRI LANKA, INDIA, INDONESIA,
THAILAND, SOMALIA, MYANMAR, MALAYSIA, MALDIVES, TANZANIA,
SEYCHELLES, BANGLADESH, AND KENYA ELIGIBLE FOR TEMPORARY
PROTECTED STATUS.
(a) Designation.--
(1) In general.--For purposes of section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), Sri Lanka,
India, Indonesia, Thailand, Somalia, Myanmar, Malaysia,
Maldives, Tanzania, Seychelles, Bangladesh, and Kenya shall be
treated as if such foreign states had been designated under
subsection (b) of that section, subject to the provisions of
this section.
(2) Period of designation.--The initial period of such
designation shall begin on the date of enactment of this Act
and shall remain in effect for 1 year.
(b) Aliens Eligible.--In applying section 244 of the Immigration
and Nationality Act (8 U.S.C. 1254a) pursuant to the designation made
under this section, subject to subsection (c)(3) of such section, an
alien who is a national of Sri Lanka, India, Indonesia, Thailand,
Somalia, Myanmar, Malaysia, Maldives, Tanzania, Seychelles, Bangladesh,
and Kenya is deemed to satisfy the requirements of subsection (c)(1) of
such section only if--
(1) the alien has been continuously physically present in
the United States since the date of the enactment of this Act;
(2) the alien is admissible as an immigrant, except as
otherwise provided in subsection (c)(2)(A) of such section and
is not ineligible for temporary protected status under
subsection (c)(2)(B) of such section; and
(3) the alien registers for temporary protected status in a
manner that the Secretary of Homeland Security shall establish.
(c) Consent to Travel Abroad.--The Secretary of Homeland Security
shall give the prior consent to travel abroad described in section
244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3))
to an alien who is granted temporary protected status pursuant to the
designation made under this section, if the alien establishes to the
satisfaction of the Secretary of Homeland Security that emergency and
extenuating circumstances beyond the control of the alien require the
alien to depart for a brief, temporary trip abroad. An alien returning
to the United States in accordance with such an authorization shall be
treated the same as any other returning alien provided temporary
protected status under section 244 of the Immigration and Nationality
Act (8 U.S.C. 1254a). | Tsunamis Temporary Protected Status Act of 2005 - Requires Sri Lanka, India, Indonesia, Thailand, Somalia, Myanmar, Malaysia, Maldives, Tanzania, Seychelles, Bangladesh, and Kenya to be treated as if such countries had been designated for purposes of the temporary protected status (TPS) provisions of the Immigration and Nationality Act.
Establishes a one-year period of initial TPS designation.
Makes aliens who are nationals of such nations eligible for TPS if they: (1) have been continuously physically present since the date of enactment of this Act; (2) are admissible as immigrants or eligible for certain waivers of inadmissibility and are not ineligible for TPS; and (3) register for TPS in the manner established by the Secretary of Homeland Security.
Directs the Secretary to give prior consent to travel abroad to an alien granted TPS pursuant to this Act if the alien establishes that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. | {"src": "billsum_train", "title": "To designate Sri Lanka, India, Indonesia, Thailand, Somalia, Myanmar, Malaysia, Maldives, Tanzania, Seychelles, Bangladesh, and Kenya under section 244 of the Immigration and Nationality Act in order to render nationals of such foreign states eligible for temporary protected status under such section."} | 1,183 | 239 | 0.431411 | 1.404882 | 0.727111 | 4.362694 | 5.440415 | 0.92228 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Scott Gardner Act''.
SEC. 2. DETENTION AND REMOVAL OF ALIENS APPREHENDED FOR DRIVING WHILE
INTOXICATED (DWI).
Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226)
is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) in subparagraph (D), by adding ``or'' at the
end; and
(C) by adding after subparagraph (D) the following:
``(E) is unlawfully present in the United States
and is apprehended for driving while intoxicated,
driving under the influence, or similar violation of
State law (as determined by the Secretary of Homeland
Security) by a State or local law enforcement
officer,'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection:
``(e) Driving While Intoxicated.--If a State or local law
enforcement officer apprehends an individual for an offense described
in subsection (c)(1)(E) and the officer has reasonable ground to
believe that the individual is an alien--
``(1) the officer shall verify with the databases of the
Federal Government, including the National Criminal Information
Center and the Law Enforcement Support Center, whether the
individual is an alien and whether such alien is unlawfully
present in the United States; and
``(2) if any such database indicates that the individual is
an alien unlawfully present in the United States--
``(A) a State or local law enforcement officer is
authorized to issue a Federal detainer to maintain the
alien in custody in accordance with such agreement
until the alien is convicted for such offense or the
alien is transferred to Federal custody;
``(B) the officer is authorized to transport the
alien to a location where the alien can be transferred
to Federal custody and shall be removed from the United
States in accordance with applicable law; and
``(C) the Secretary of Homeland Security shall--
``(i) reimburse the State and local law
enforcement agencies involved for the costs of
transporting aliens when such transportation is
not done in the course of their normal duties;
and
``(ii) prioritize removal of such
aliens.''.
SEC. 3. ELIGIBILITY REQUIREMENT FOR STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM (SCAAP) FUNDING.
Section 241(i) of the Immigration and Nationality Act (8 U.S.C.
1231(i)) is amended by adding at the end the following:
``(7) A State (or a political subdivision of a State) shall
not be eligible to enter into a contractual arrangement under
paragraph (1) unless the State (or political subdivision), not
later than January 1, 2014, is participating in either or both
of the following (or any appropriate successor):
``(A) the program under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)); or
``(B) the Secure Communities initiative of the
Department of Homeland Security.''.
SEC. 4. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.
(a) In General.--Section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) is amended--
(1) in paragraph (1), by striking ``may'' and inserting
``shall'' the first place it appears;
(2) in paragraph (2), by adding at the end the following
new sentence: ``If such training is provided by a State or
political subdivision of a State to an officer or employee of
such State or political subdivision of a State, the cost of
such training (including applicable cost of overtime) shall be
reimbursed by the Secretary of Homeland Security.''; and
(3) by striking paragraph (9) and redesignating paragraph
(10) as paragraph (9).
(b) Effective Dates.--
(1) Requirement for agreement.--The amendments made by
paragraphs (1) and (3) of subsection (a) shall take effect on
such date (not later than one year after the date of the
enactment of this Act) as the Secretary of Homeland Security
shall specify.
(2) Payment for training costs.--The amendment made by
subsection (a)(2) shall take effect on the first day of the
first fiscal year beginning after the date of the enactment of
this Act. | Scott Gardner Act - Amends the Immigration and Nationality Act to direct the Attorney General (DOJ) to take into custody an alien who is unlawfully in the United States and is arrested by a state or local law enforcement officer for driving while intoxicated or a similar violation. Directs the officer, upon reasonable grounds to believe the individual is an alien, to: (1) verify the individual's immigration status, and (2) take into custody for federal transfer an individual who is unlawfully in the United States.
Directs the Secretary of Homeland Security (DHS) to reimburse states and localities for related transportation costs when such transportation is not done in the course of normal duties.
Requires a state or locality, in order to qualify for state criminal alien assistance program (SCAAP) funding, to participate by January 1, 2014, in either or both of: (1) the secure communities initiative, or (2) the program under which state officers and employees perform specified immigration functions.
Requires the Attorney General to enter into such state immigration enforcement programs. (Current law authorizes such participation.) Requires DHS reimbursement for related state or local training costs. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act with respect to detention of unlawfully present aliens who are apprehended for driving while intoxicated, to improve State and local enforcement of immigration laws, and for other purposes."} | 1,027 | 246 | 0.588503 | 1.647335 | 0.932899 | 2.325893 | 4.183036 | 0.816964 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Access to Reconstructive
Evaluation & Surgery (CARES) Act of 2007''.
SEC. 2. COVERAGE OF MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY
OR DISORDER.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S
CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER.
``(a) Requirements for Reconstructive Surgery.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, that
provides coverage for surgical benefits shall provide coverage
for outpatient and inpatient diagnosis and treatment of a minor
child's congenital or developmental deformity, disease, or
injury. A minor child shall include any individual through 21
years of age.
``(2) Requirements.--Any coverage provided under paragraph
(1) shall be subject to pre-authorization or pre-certification
as required by the plan or issuer, and such coverage shall
include any surgical treatment which, in the opinion of the
treating physician, is medically necessary to approximate a
normal appearance.
``(3) Treatment defined.--
``(A) In general.--In this section, the term
`treatment' includes reconstructive surgical procedures
(procedures that are generally performed to improve
function, but may also be performed to approximate a
normal appearance) that are performed on abnormal
structures of the body caused by congenital defects,
developmental abnormalities, trauma, infection, tumors,
or disease, including--
``(i) procedures that do not materially
affect the function of the body part being
treated; and
``(ii) procedures for secondary conditions
and follow-up treatment.
``(B) Exception.--Such term does not include
cosmetic surgery performed to reshape normal structures
of the body to improve appearance or self-esteem.
``(b) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL
OR DEVELOPMENTAL DEFORMITY OR DISORDER.
``(a) Requirements for Reconstructive Surgery.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, that
provides coverage for surgical benefits shall provide coverage
for outpatient and inpatient diagnosis and treatment of a minor
child's congenital or developmental deformity, disease, or
injury. A minor child shall include any individual who has not
attained age 22.
``(2) Requirements.--Any coverage provided under paragraph
(1) shall be subject to pre-authorization or pre-certification
as required by the plan or issuer, and such coverage shall
include any surgical treatment which, in the opinion of the
treating physician, is medically necessary to approximate a
normal appearance.
``(3) Treatment defined.--
``(A) In general.--For purposes of this section,
the term `treatment' includes reconstructive surgical
procedures (procedures that are generally performed to
improve function, but may also be performed to
approximate a normal appearance) that are performed on
abnormal structures of the body caused by congenital
defects, developmental abnormalities, trauma,
infection, tumors, or disease, including--
``(i) procedures that do not materially
affect the function of the body part being
treated; and
``(ii) procedures for secondary conditions
and follow-up treatment.
``(B) Exception.--Such term does not include
cosmetic surgery performed to reshape normal structures
of the body to improve appearance or self-esteem.
``(b) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in the last sentence of
section 102(a), for purposes of assuring notice of such requirements
under the plan; except that the summary description required to be
provided under the fourth sentence of section 104(b)(1) with respect to
such modification shall be provided by not later than 60 days after the
first day of the first plan year in which such requirements apply.''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Standards relating to benefits for minor child's congenital
or developmental deformity or disorder.''.
(3) Internal revenue code amendments.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by adding at
the end the following new section:
``SEC. 9813. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S
CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER.
``(a) Requirements for Reconstructive Surgery.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, that
provides coverage for surgical benefits shall provide coverage
for outpatient and inpatient diagnosis and treatment of a minor
child's congenital or developmental deformity, disease, or
injury. A minor child shall include any individual who has not
attained age 22.
``(2) Requirements.--Any coverage provided under paragraph
(1) shall be subject to pre-authorization or pre-certification
as required by the plan or issuer, and such coverage shall
include any surgical treatment which, in the opinion of the
treating physician, is medically necessary to approximate a
normal appearance.
``(3) Treatment defined.--
``(A) In general.--For purposes of this section,
the term `treatment' includes reconstructive surgical
procedures (procedures that are generally performed to
improve function, but may also be performed to
approximate a normal appearance) that are performed on
abnormal structures of the body caused by congenital
defects, developmental abnormalities, trauma,
infection, tumors, or disease, including--
``(i) procedures that do not materially
affect the function of the body part being
treated; and
``(ii) procedures for secondary conditions
and follow-up treatment.
``(B) Exception.--Such term does not include
cosmetic surgery performed to reshape normal structures
of the body to improve appearance or self-esteem.''.
(B) Clerical amendment.--The table of sections for
such subchapter is amended by adding at the end the
following new item:
``Sec. 9813. Standards relating to benefits for minor child's
congenital or developmental deformity or
disorder.''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S
CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER.
``(a) Requirements for Reconstructive Surgery.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, that
provides coverage for surgical benefits shall provide coverage
for outpatient and inpatient diagnosis and treatment of a minor
child's congenital or developmental deformity, disease, or
injury. A minor child shall include any individual through 21
years of age.
``(2) Requirements.--Any coverage provided under paragraph
(1) shall be subject to pre-authorization or pre-certification
as required by the plan or issuer, and such coverage shall
include any surgical treatment which, in the opinion of the
treating physician, is medically necessary to approximate a
normal appearance.
``(3) Treatment defined.--
``(A) In general.--In this section, the term
`treatment' includes reconstructive surgical procedures
(procedures that are generally performed to improve
function, but may also be performed to approximate a
normal appearance) that are performed on abnormal
structures of the body caused by congenital defects,
developmental abnormalities, trauma, infection, tumors,
or disease, including--
``(i) procedures that do not materially
affect the function of the body part being
treated; and
``(ii) procedures for secondary conditions
and follow-up treatment.
``(B) Exception.--Such term does not include
cosmetic surgery performed to reshape normal structures
of the body to improve appearance or self-esteem.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) Effective Dates.--(1) The amendments made by subsection (a)
shall apply with respect to group health plans for plan years beginning
on or after January 1, 2008.
(2) The amendment made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after such date.
(d) Coordinated Regulations.--Section 104(1) of Health Insurance
Portability and Accountability Act of 1996 is amended by striking
``this subtitle (and the amendments made by this subtitle and section
401)'' and inserting ``the provisions of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974, the
provisions of parts A and C of title XXVII of the Public Health Service
Act, and chapter 100 of the Internal Revenue Code of 1986''. | Children's Access to Reconstructive Evaluation & Surgery (CARES) Act of 2007 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a group health plan, and a health insurance issuer offering group coverage, that cover surgical benefits to also cover outpatient and inpatient diagnosis and treatment of a congenital or developmental deformity, disease, or injury of a minor child (defined as child under the age of 22).
Requires that such coverage: (1) be subject to pre-authorization or pre-certification requirements of the plan or issuer; and (2) include any surgical treatment deemed by the treating physician to be medically necessary to approximate a normal appearance. Defines "treatment" to include reconstructive surgical procedures that are performed on abnormal structures of the body caused by congenital defects, abnormalities, trauma, infection, tumors, or disease, including: (1) procedures that do not materially affect the function of the body part being treated; and (2) procedures for secondary conditions and follow-up treatment. Excludes cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. | {"src": "billsum_train", "title": "To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans provide coverage for treatment of a minor child's congenital or developmental deformity or disorder due to trauma, infection, tumor, or disease."} | 2,568 | 265 | 0.738293 | 2.120509 | 0.775508 | 5.052174 | 9.508696 | 0.947826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Day Factor Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the National Center for Education
Statistics the length of the average school year steadily
increased from 144 to 178 days between 1869 and 1949. In 2008,
the average number of school days per year remains at 178.5.
(2) In 1983, a recommendation in the Nation at Risk report
was to increase students' instructional time by lengthening the
school day or the school year, as a means to strengthen our
Nation's grip on global competitiveness. Since then, no
systematic school day or school year increase has occurred.
(3) In 2008, 42 States mandate a school year of 180 or
fewer days per year, or the equivalent thereof. Across States,
the number of school days per year ranges from 173 to 182.
(4) Researchers have demonstrated that--
(A) when class material is covered in a
streamlined, shortened unit, students' conceptual
mastery of the content suffers; and
(B) significant learning requires investment of
time.
(5) Research has demonstrated that all students are at risk
for losing educational gains during extended summer breaks in
the typical school calendar, particularly children from low
income households. The continued lack of out-of-school learning
opportunities contributes to a growing achievement gap. Even
more so than achievement gaps present at kindergarten,
differences in out-of-school learning opportunities experienced
by economically advantaged versus disadvantaged youth
contribute to the cumulative achievement difference registered
by 9th grade, which affects high school placements, high school
exit, and postsecondary school attendance.
(6) Since 1991, over 300 expanded learning initiatives have
occurred, across 30 States, aimed primarily at schools with
high-poverty and high-minority student populations. Outcomes of
these initiatives include enhanced student achievement, lower
student and teacher absenteeism, and satisfaction of parents,
teachers, and students.
(7) Research demonstrates that the increased school time is
beneficial not only for students, but also for teachers.
Teachers gain planning time, more opportunities for cooperative
planning, professional development opportunities, and
additional time to individualize instruction. Teacher
employment increases from part-year to up to full year,
depending on the calendar conversion adopted.
(8) Regarding the costs of expanded learning initiatives,
the cost per hour of instruction decreases with the addition of
more learning time.
SEC. 3. PURPOSES.
The purposes of this Act are to ensure that all children have
sufficient time to achieve in school, that all children have access to
a high quality and well-rounded education, and that teachers have
sufficient time to deliver quality instruction. Such purposes can be
achieved by--
(1) encouraging States to expand the minimum number of days
in their school year, to 200 full days, by 2014, without
reducing the length of the school day;
(2) modifying the allocations under subpart 2 of part A of
title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6331 et seq.) regarding basic, concentration,
targeted, and education finance incentive grants, so that each
of the formulas used to determine allocations includes a factor
that reflects all of the following:
(A) the minimum number of school days in the State-
mandated school year length;
(B) the most recent increase in the number of
school days in the State-mandated academic year; and
(C) whether the number of school days in an
academic year meets, exceeds, or falls short of the
base level school year length described in the
amendment made by this Act; and
(3) encouraging States to increase the length of the school
day.
SEC. 4. SCHOOL DAY FACTOR.
(a) Amendment.--Subpart 2 of part A of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) is amended
by adding at the end the following:
``SEC. 1128. SCHOOL DAY FACTOR.
``(a) Definitions.--In this section:
``(1) Academic year.--The term `academic year' means the
period of time beginning with the first day of a school year
and ending on the last day of a school year, which typically
begins in the late summer and ends in the early summer.
``(2) Base level school year length.--The term `base level
school year length' means--
``(A) 180 school days for the 2009-2010 academic
year;
``(B) 185 school days for the 2010-2011 academic
year;
``(C) 190 school days for the 2011-2012 academic
year;
``(D) 195 school days for the 2012-2013 academic
year; and
``(E) 200 school days for the 2013-2014 academic
year and for each succeeding academic year.
``(3) Instructional hours.--The term `instructional hours'
means the number of hours within the school day that are
directly devoted to student learning in core academic subjects.
``(4) School day.--
``(A) In general.--The term `school day' means a
day for which attendance is mandatory for all students
attending an elementary school or secondary school in a
State, and in which a minimum of 5\1/2\ instructional
hours are delivered to students.
``(B) Partial days.--Two days for which attendance
is mandatory for all students attending an elementary
school or secondary school in a State and in which less
than 5\1/2\ instructional hours per day are delivered
to students may be deemed to be 1 school day for
purposes of this section, if the total instructional
time for the 2 partial days meets or exceeds 5\1/2\
instructional hours.
``(5) State-mandated school year length.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the term `State-mandated
school year length' means the minimum number of school
days an elementary school or secondary school student
is required by the State to attend school in an
academic year. In calculating the State-mandated school
year length, days that the State permits to be waived
due to teacher professional development, weather, or
other reasons shall not be counted.
``(B) States that mandate minimum number of
instructional hours.--In the case of a State that does
not mandate a minimum number of school days for an
academic year and does mandate a minimum number of
instructional hours per academic year, the State-
mandated school year length for such State shall be the
quotient of--
``(i) the minimum number of mandated
instructional hours per academic year,
excluding hours that may be waived due to
teacher professional development, weather, or
other reasons; divided by
``(ii) the greater of--
``(I) the average number of
instructional hours per school day in
the State's public elementary schools
and secondary schools; or
``(II) 6\1/2\ hours.
``(C) States that do not mandate minimum number of
days or hours.--In the case of a State that does not
mandate a minimum number of school days or a minimum
number of instructional hours per academic year, the
State-mandated school year length for such State shall
be the average number of school days that elementary
school or secondary school students in the State
attended school during--
``(i) the preceding school year; or
``(ii) in the case where the preceding
school year was significantly shorter due to a
natural disaster during such school year, the
school year that is preceding the preceding
school year.
``(b) School Day Factor.--
``(1) Adjustments authorized.--
``(A) In general.--Notwithstanding any other
provision of this part, the amount of a grant that a
State or local educational agency is eligible to
receive under section 1124(a), 1124A(a), 1125(b), or
1125A(b) shall be adjusted by multiplying such amount
by the school day factor described in paragraph (2)
that is applicable to such State or local educational
agency, respectively, for such academic year.
``(B) Timing of adjustment.--The Secretary shall
make the adjustment described in subparagraph (A) to
the amount of a grant that a State or local educational
agency is eligible to receive under section 1124,
1124A, 1125, or 1125A before applying any hold-harmless
requirement, minimum grant amount requirement, or
ratable reduction requirement under this part.
``(2) School day factor.--
``(A) In general.--The school day factor referred
to in paragraph (1) that is applicable to each State
and local educational agency in the State for an
academic year is a percentage calculated as the sum of
the following:
``(i) \2/3\ of such percentage shall be
equal to--
``(I) the result of--
``(aa) the State-mandated
school year length for the
academic year preceding the
academic year for which the
calculation is made; divided by
``(bb) the base level
school year length for the
academic year preceding the
academic year for which the
calculation is made; multiplied
by
``(II) 100.
``(ii) \1/3\ of such percentage shall be
equal to--
``(I) the result of--
``(aa) the State mandated
minimum instructional hours per
school day for the academic
year preceding the academic
year for which the calculation
is made; divided by
``(bb) 5.5; multiplied by
``(II) 100.
``(B) Special calculation rule.--In making the
calculation described in subparagraph (A) for a State,
the value of subparagraph (A)(ii) shall be zero if the
State mandated minimum instructional hours per school
day for the academic year preceding the academic year
for which the calculation is made is less than the
number of such State mandated minimum instructional
hours for the academic year that precedes by two years
the academic year for which the calculation is made.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 1127 the following:
``Sec. 1128. School day factor.''. | School Day Factor Act of 2009 - Modifies the calculation of basic, concentration, targeted, and education finance incentive grants under the Elementary and Secondary Education Act of 1965 to reward states that increase the minimum number of days in their school year and minimum number of instructional hours in their school day.
Makes such modification by factoring into such calculation the extent to which a state's minimum: (1) school year exceeds or falls below a base level school year which is set at 180 days for the 2009-2010 school year and rises five school days for each succeeding school year until it reaches 200 days for the 2013-2014 school year; and (2) instructional hours per school day exceed or fall below five and one-half hours. Removes any advantage gained by states that extend their school year, but reduce their minimum instructional hours per school day. | {"src": "billsum_train", "title": "A bill to amend subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 to establish incentives for States to extend the minimum length of the school year to 200 full days by 2014, and for other purposes."} | 2,284 | 175 | 0.474763 | 1.418744 | 0.766598 | 3 | 13.108434 | 0.855422 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``September 11 Survivors Student Loan
Relief Act''.
SEC. 2. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SURVIVORS OF
VICTIMS OF THE SEPTEMBER 11, 2001, ATTACKS.
(a) Definitions.--For purposes of this section:
(1) Eligible public servant.--The term ``eligible public
servant'' means an individual who, as determined in accordance
with regulations of the Secretary--
(A) served as a police officer, firefighter, other
safety or rescue personnel, or as a member of the Armed
Forces; and
(B) died (or dies) or became (or becomes)
permanently and totally disabled due to injuries
suffered in the terrorist attack on September 11, 2001.
(2) Eligible victim.--The term ``eligible victim'' means an
individual who, as determined in accordance with regulations of
the Secretary, died (or dies) or became (or becomes)
permanently and totally disabled due to injuries suffered in
the terrorist attack on September 11, 2001.
(3) Eligible parent.--The term ``eligible parent'' means
the parent of an eligible victim if--
(A) the parent owes a Federal student loan that is
a consolidation loan that was used to repay a PLUS loan
incurred on behalf of such eligible victim; or
(B) the parent owes a Federal student loan that is
a PLUS loan incurred on behalf of an eligible victim.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(5) Federal student loan.--The term ``Federal student
loan'' means any loan made, insured, or guaranteed under part
B, D, or E of title IV of the Higher Education Act of 1965.
(b) Relief From Indebtedness.--
(1) In general.--The Secretary shall provide for the
discharge or cancellation of--
(A) the Federal student loan indebtedness of the
spouse of an eligible public servant, as determined in
accordance with regulations of the Secretary, including
any consolidation loan that was used jointly by the
eligible public servant and his or her spouse to repay
the Federal student loans of the spouse and the
eligible public servant;
(B) the portion incurred on behalf of the eligible
victim (other than an eligible public servant), of a
Federal student loan that is a consolidation loan that
was used jointly by the eligible victim and his or her
spouse, as determined in accordance with regulations of
the Secretary, to repay the Federal student loans of
the eligible victim and his or her spouse;
(C) the portion of the consolidation loan
indebtedness of an eligible parent that was incurred on
behalf of an eligible victim; and
(D) the PLUS loan indebtedness of an eligible
parent that was incurred on behalf of an eligible
victim.
(2) Method of discharge or cancellation.--A loan required
to be discharged or canceled under paragraph (1) shall be
discharged or canceled by the method used under section 437(a),
455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965
(20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), whichever is
applicable to such loan.
(c) Facilitation of Claims.--The Secretary shall--
(1) establish procedures for the filing of applications for
discharge or cancellation under this section by regulations
that shall be prescribed and published within 90 days after the
date of enactment of this Act and without regard to the
requirements of section 553 of title 5, United States Code; and
(2) take such actions as may be necessary to publicize the
availability of discharge or cancellation of Federal student
loan indebtedness under this section.
(d) Availability of Funds for Payments.--Funds available for the
purposes of making payments to lenders in accordance with section
437(a) for the discharge of indebtedness of deceased or disabled
individuals shall be available for making payments under section 437(a)
to lenders of loans as required by this section.
(e) Applicable to Outstanding Debt.--The provisions of this section
shall be applied to discharge or cancel only Federal student loans
(including consolidation loans) on which amounts were owed on September
11, 2001. Nothing in this section shall be construed to authorize any
refunding of any repayment of a loan. | September 11 Survivors Student Loan Relief Act - Directs the Secretary of Education to discharge or cancel the federal student loan indebtedness of spouses and parents of individuals who died (or die) or who became (or become) permanently and totally disabled from injuries suffered in the terrorist attacks on September 11, 2001.
States that, in the case of a consolidation loan used jointly by a victim of such attacks and his or her spouse, the discharge or cancellation shall apply only to that portion of debt incurred on behalf of the victim; except that, where the victim served as a police officer, firefighter, other safety or rescue personnel, or member of the Armed Forces, all of the debt on such loan shall be discharged or canceled. | {"src": "billsum_train", "title": "To provide student loan forgiveness to the survivors of victims of the terrorist attack on September 11, 2001."} | 998 | 160 | 0.725147 | 2.159099 | 0.778161 | 3.161972 | 6.105634 | 0.908451 |
SECTION 1. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Certain private lands adjacent to the Montezuma Castle
National Monument in Yavapai County, Arizona, are desirable for
Federal acquisition to protect important riparian values along
Beaver Creek and the scenic backdrop for the National Monument.
(2) Certain other inholdings in the Coconino National Forest
are desirable for Federal acquisition to protect important public
values near Double Cabin Park.
(3) Approximately 108 acres of land within the Tonto National
Forest, northeast of Payson, Arizona, are currently occupied by 45
residential cabins under special use permits from the Secretary of
Agriculture, and have been so occupied since the mid-1950s,
rendering such lands of limited use and enjoyment potential for the
general public. Such lands are, therefore, appropriate for transfer
to the cabin owners in exchange for lands that will have higher
public use values.
(4) In return for the privatization of such encumbered lands
the Secretary of Agriculture has been offered approximately 495
acres of non-Federal land (known as the Q Ranch) within the Tonto
National Forest, east of Young, Arizona, in an area where the
Secretary has completed previous land exchanges to consolidate
public ownership of National Forest lands.
(5) The acquisition of the Q Ranch non-Federal lands by the
Secretary will greatly increase National Forest management
efficiency and promote public access, use, and enjoyment of the
area and surrounding National Forest System lands.
(b) Purpose.--The purpose of this Act is to authorize, direct,
facilitate, and expedite the consummation of the land exchanges set
forth herein in accordance with the terms and conditions of this Act.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Dpsha.--The term ``DPSHA'' means the Diamond Point Summer
Homes Association, a nonprofit corporation in the State of Arizona.
(2) Federal land.--The term ``Federal land'' means land to be
conveyed into non-Federal ownership under this Act.
(3) Flpma.--The term ``FLPMA'' means the Federal Land Policy
Management Act of 1976 (43 U.S.C. 1701 et seq.).
(4) Mcjv.--The term ``MCJV'' means the Montezuma Castle Land
Exchange Joint Venture Partnership, an Arizona Partnership.
(5) Non-federal land.--The term ``non-Federal land'' means land
to be conveyed to the Secretary of Agriculture under this Act.
(6) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, unless otherwise specified.
SEC. 3. MONTEZUMA CASTLE LAND EXCHANGE.
(a) Land Exchange.--Upon receipt of a binding offer from MCJV to
convey title acceptable to the Secretary to the land described in
subsection (b), the Secretary shall convey to MCJV all right, title,
and interest of the United States in and to the Federal land described
in subsection (c).
(b) Non-Federal Land.--The land described in this subsection is the
following:
(1) The approximately 157 acres of land adjacent to the
Montezuma Castle National Monument, as generally depicted on the
map entitled ``Montezuma Castle Contiguous Lands'', dated May 2002.
(2) Certain private land within the Coconino National Forest,
Arizona, comprising approximately 108 acres, as generally depicted
on the map entitled ``Double Cabin Park Lands'', dated September
2002.
(c) Federal Land.--The Federal land described in this subsection is
the approximately 222 acres in the Tonto National Forest, Arizona, and
surveyed as Lots 3, 4, 8, 9, 10, 11, 16, and 17, and Tract 40 in
section 32, Township 11 North, Range 10 East, Gila and Salt River
Meridian, Arizona.
(d) Equal Value Exchange.--The values of the non-Federal and
Federal land directed to be exchanged under this section shall be equal
or equalized as determined by the Secretary through an appraisal
performed by a qualified appraiser mutually agreed to by the Secretary
and MCJV and performed in conformance with the Uniform Appraisal
Standards for Federal Land Acquisitions (U.S. Department of Justice,
December 2000), and section 206(d) of FLPMA (43 U.S.C. 1716(d)). If the
values are not equal, the Secretary shall delete Federal lots from the
conveyance to MCJV in the following order and priority, as necessary,
until the values of Federal and non-Federal land are within the 25
percent cash equalization limit of section 206(b) of FLPMA (43 U.S.C.
1716(b)):
(1) Lot 3.
(2) Lot 4.
(3) Lot 9.
(4) Lot 10.
(5) Lot 11.
(6) Lot 8.
(e) Cash Equalization.--Any difference in value remaining after
compliance with subsection (d) shall be equalized by the payment of
cash to the Secretary or MCJV, as the circumstances dictate, in
accordance with section 206(b) of FLPMA (43 U.S.C. 1716(b)). Public Law
90-171 (16 U.S.C. 484a; commonly known as the ``Sisk Act'') shall,
without further appropriation, apply to any cash equalization payment
received by the United States under this section.
SEC. 4. DIAMOND POINT--Q RANCH LAND EXCHANGE.
(a) In General.--Upon receipt of a binding offer from DPSHA to
convey title acceptable to the Secretary to the land described in
subsection (b), the Secretary shall convey to DPSHA all right, title,
and interest of the United States in and to the land described in
subsection (c).
(b) Non-Federal Land.--The land described in this subsection is the
approximately 495 acres of non-Federal land generally depicted on the
map entitled ``Diamond Point Exchange--Q Ranch Non-Federal Lands'',
dated May 2002.
(c) Federal Land.--The Federal land described in this subsection is
the approximately 108 acres northeast of Payson, Arizona, as generally
depicted on the map entitled ``Diamond Point Exchange--Federal Land'',
dated May 2002.
(d) Equal Value Exchange.--The values of the non-Federal and
Federal land directed to be exchanged under this section shall be equal
or equalized as determined by the Secretary through an appraisal
performed by a qualified appraiser mutually agreed to by the Secretary
and DPSHA and in conformance with the Uniform Appraisal Standards for
Federal Land Acquisitions (U.S. Department of Justice, December 2000),
and section 206(d) of FLPMA (43 U.S.C. 1716(d)). If the values are not
equal, they shall be equalized by the payment of cash to the Secretary
or DPSHA pursuant to section 206(b) of FLPMA (43 U.S.C. 1716(b)).
Public Law 90-171 (16 U.S.C. 484a; commonly known as the ``Sisk Act'')
shall, without further appropriation, apply to any cash equalization
payment received by the United States under this section.
(e) Special Use Permit Termination.--Upon execution of the land
exchange authorized by this section, all special use cabin permits on
the Federal land shall be terminated.
SEC. 5. MISCELLANEOUS PROVISIONS.
(a) Exchange Timetable.--Not later than 6 months after the
Secretary receives an offer under section 3 or 4, the Secretary shall
execute the exchange under section 3 or 4, respectively, unless the
Secretary and MCJV or DPSHA, respectively, mutually agree to extend
such deadline.
(b) Exchange Processing.--Prior to executing the land exchanges
authorized by this Act, the Secretary shall perform any necessary land
surveys and required preexchange clearances, reviews, and approvals
relating to threatened and endangered species, cultural and historic
resources, wetlands and floodplains and hazardous materials. If 1 or
more of the Federal land parcels or lots, or portions thereof, cannot
be transferred to MCJV or DPSHA due to hazardous materials, threatened
or endangered species, cultural or historic resources, or wetland and
flood plain problems, the parcel or lot, or portion thereof, shall be
deleted from the exchange, and the values of the lands to be exchanged
adjusted in accordance with subsections (d) and (e) of section 3 or
section 4(d), as appropriate. In order to save administrative costs to
the United States, the costs of performing such work, including the
appraisals required pursuant to this Act, shall be paid by MCJV or
DPSHA for the relevant property, except for the costs of any such work
(including appraisal reviews and approvals) that the Secretary is
required or elects to have performed by employees of the Department of
Agriculture.
(c) Federal Land Reservations and Encumbrances.--The Secretary
shall convey the Federal land under this Act subject to valid existing
rights, including easements, rights-of-way, utility lines and any other
valid encumbrances on the Federal land as of the date of the conveyance
under this Act. If applicable to the land conveyed, the Secretary shall
also retain any right of access as may be required by section 120(h) of
the Comprehensive Environmental Response, Compensation and Liability
Act of 1980 (42 U.S.C. 9620(h)) for remedial or corrective action
relating to hazardous substances as may be necessary in the future.
(d) Administration of Acquired Land.--The land acquired by the
Secretary pursuant to this Act shall become part of the Tonto or
Coconino National Forest, as appropriate, and be administered as such
in accordance with the laws, rules, and regulations generally
applicable to the National Forest System. Such land may be made
available for domestic livestock grazing if determined appropriate by
the Secretary in accordance with the laws, rules, and regulations
applicable thereto on National Forest System land.
(e) Transfer of Land to National Park Service.--Upon their
acquisition by the United States, the ``Montezuma Castle Contiguous
Lands'' identified in section 3(b)(1) shall be transferred to the
administrative jurisdiction of the National Park Service, and shall
thereafter be permanently incorporated in, and administered by the
Secretary of the Interior as part of, the Montezuma Castle National
Monument.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary of Agriculture to convey to certain private land owners specified lands in the Tonto National Forest in exchange for the conveyance by such land owners of certain lands adjacent to the Montezuma Castle National Monument and certain lands within the Coconino National Forest. Requires that the values of Federal and non-Federal lands be equalized.
Directs the Secretary to convey to certain private land owners specified lands northeast of Payson, Arizona, in exchange for the conveyance by such land owners of certain lands within the Tonto National Forest. Requires that the values of Federal and non-Federal lands be equalized. Terminates all special use cabin permits on the Federal land upon execution of the exchange. Directs the Secretary, prior to any conveyance under this Act, to conduct the necessary land surveys and preexchange clearances, reviews, and approvals relating to threatened and endangered species, cultural and historic resources, wetlands and floodplains, and hazardous materials. Requires the Secretary to delete from either exchange any portion of Federal lands that cannot be transferred for any reason thereof. Transfers the land adjacent to the Montezuma Castle National Monument to the jurisdiction of the National Park Service and incorporates it in the Montezuma Castle National Monument. | {"src": "billsum_train", "title": "To provide for the exchange of certain lands in the Coconino and Tonto National Forests in Arizona, and for other purposes."} | 2,378 | 278 | 0.546871 | 1.758752 | 0.914065 | 3.44 | 9.106667 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Lending Pilot Act of
2009''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``program'' means the loan program under
section 502(b)(1)(B) of the Small Business Investment Act of
1958, as added by this Act;
(3) the term ``small business concern'' has the meaning
given the term ``small-business concern'' in section 103 of the
Small Business Investment Act of 1958 (15 U.S.C. 662); and
(4) the term ``State'' has the meaning given that term in
section 103 of the Small Business Investment Act of 1958 (15
U.S.C. 662).
SEC. 3. CHILD CARE LENDING PILOT PROGRAM.
(a) In General.--Section 502 of the Small Business Investment Act
of 1958 (15 U.S.C. 696) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The Administration may, in
addition to its'' and inserting the following:
``(a) Authorization.--The Administration may, in addition to the'';
(B) by striking ``and such loans'' and inserting
``. Such loans''; and
(C) by striking ``: Provided, however, That the
foregoing powers shall be subject to the following
restrictions and limitations:'' and inserting a period;
(2) by inserting before paragraph (1) the following:
``(b) Restrictions and Limitations.--The authority under subsection
(a) shall be subject to the following restrictions and limitations:'';
and
(3) in subsection (b)(1), as so designated--
(A) by striking ``The proceeds'' and inserting the
following:
``(A) In general.--The proceeds'';
(B) by striking ``such loan'' and inserting ``loan
described in subsection (a)''; and
(C) by adding at the end the following:
``(B) Loans to small, nonprofit child care
businesses.--
``(i) In general.--Notwithstanding
paragraph (1), the proceeds of any loan
described in subsection (a) may be used by a
development company to assist a small,
nonprofit child care business, if--
``(I) the loan is used for a sound
business purpose that has been approved
by the Administrator;
``(II) the small, nonprofit child
care business meets all of the
eligibility requirements applicable to
for-profit businesses under this title,
except for status as a for-profit
business;
``(III) 1 or more individuals has
personally guaranteed the loan;
``(IV) the small, nonprofit child
care business has clear and singular
title to the collateral for the loan;
and
``(V) the small, nonprofit child
care business has sufficient cash flow
from the operations of the business to
meet the obligations on the loan and
the normal and reasonable operating
expenses of the business.
``(ii) Limitation on volume.--Not more than
7 percent of the total number of loans
guaranteed in any fiscal year under this title
may be used for purposes described in this
subparagraph.
``(iii) Definition.--In this subparagraph,
the term `small, nonprofit child care business'
means an establishment that--
``(I) is organized in accordance
with section 501(c)(3) of the Internal
Revenue Code of 1986;
``(II) is primarily engaged in
providing child care for infants,
toddlers, pre-school, or pre-
kindergarten children (or any
combination thereof), and may provide
care for older children when the
children are not in school and offer
pre-kindergarten educational programs;
``(III) including its affiliates,
has--
``(aa) a tangible net worth
of not more than $7,000,000;
and
``(bb) an average net
income (excluding any carryover
losses) for the 2 completed
fiscal years before the date of
the application of not more
than $2,500,000; and
``(IV) is licensed as a child care
provider by the State in which the
establishment is located.''.
(b) Sunset.--
(1) In general.--Effective October 1, 2012, section
502(b)(1) of the Small Business Investment Act of 1958 (15
U.S.C. 696(b)(1)) is amended--
(A) by striking subparagraph (B); and
(B) by striking ``Use of proceeds.--'' and all that
follows through ``The proceeds'' and inserting ``Use of
proceeds.--The proceeds''.
(2) Applicability.--Notwithstanding paragraph (1), section
502(b)(1)(B) of the Small Business Investment Act of 1958, as
added by this Act, shall apply to any loan authorized under
that subparagraph that is applied for, approved, or disbursed
during the period beginning on the date of enactment of this
Act and ending on September 30, 2012.
SEC. 4. REPORTS.
(a) Small Business Administration.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, and every 6 months thereafter until
March 31, 2013, the Administrator shall submit a report on the
implementation of the program to--
(A) the Committee on Small Business and
Entrepreneurship of the Senate; and
(B) the Committee on Small Business of the House of
Representatives.
(2) Contents.--Each report under paragraph (1) shall
contain--
(A) the date on which the program is implemented;
(B) the date on which the rules are issued under
section 5; and
(C) the number and dollar amount of loans under
section 502 of the Small Business Investment Act of
1958 (15 U.S.C. 696) applied for, approved, and
disbursed during the 6-month period before the date of
the report--
(i) to assist nonprofit child care
businesses under the program; and
(ii) to assist for-profit child care
businesses.
(b) Government Accountability Office.--
(1) In general.--Not later than March 31, 2012, the
Comptroller General of the United States shall submit a report
on the program to--
(A) the Committee on Small Business and
Entrepreneurship of the Senate; and
(B) the Committee on Small Business of the House of
Representatives.
(2) Contents.--The report under paragraph (1) shall contain
information gathered during the first 2 years of the program,
including--
(A) an evaluation of the timeliness of the
implementation of the program;
(B) a description of the effectiveness and ease
with which development companies, lenders, and small
business concerns have participated in the program;
(C) a description and assessment of how the program
was marketed;
(D) the number of small child care businesses in
each State and in the United States, categorized by
status as a for-profit or nonprofit business, that--
(i) applied for a loan under section 502 of
the Small Business Investment Act of 1958 (15
U.S.C. 696) (and, for each such business,
whether the business was a new or expanding
small child care business;
(ii) were approved for a loan under section
502 of that Act; and
(iii) received a loan disbursement under
section 502 of that Act (and, for each such
business, whether the business was a new or
expanding small child care business); and
(E) categorized by status as a for-profit or
nonprofit business--
(i) with respect to small child care
businesses described under subparagraph
(D)(iii), the number of such businesses in each
State, as of the year of enactment of this Act;
(ii) the total amount loaned to small child
care businesses under section 502 of the Small
Business Investment Act of 1958 (15 U.S.C.
696);
(iii) the total number of loans to small
child care businesses under section 502 of that
Act;
(iv) the average amount and term of loans
to small child care businesses under section
502 of that Act;
(v) the currency rate, delinquencies,
defaults, and losses of loans to small child
care businesses under section 502 of that Act;
(vi) the number and percent of children who
receive subsidized assistance that are served
using a loan to a small child care business
under section 502 of that Act; and
(vii) the number and percent of children
who are low income that are served using a loan
to a small child care business under section
502 of that Act.
(3) Access to information.--
(A) In general.--The Administrator shall collect
and maintain such information as may be necessary to
carry out this subsection from development companies
and small child care businesses, and such companies and
businesses shall comply with a request for information
from the Administration for that purpose.
(B) Provision of information to government
accountability office.--The Administration shall
provide information collected under this paragraph to
the Comptroller General of the United States for
purposes of the report required under this subsection.
SEC. 5. RULEMAKING AUTHORITY.
Not later than 120 days after the date of enactment of this Act,
the Administrator shall issue final rules to carry out the loan program
authorized under section 502(b)(1)(B) of the Small Business Investment
Act of 1958, as added by this Act. | Child Care Lending Pilot Act of 2009 - Amends the Small Business Investment Act of 1958 to allow proceeds of loans made through the Small Business Administration (SBA) to be used by certified local development companies to assist a small, nonprofit child care business if: (1) the loan is used for a sound business purpose approved by the SBA; (2) each business meets eligibility requirements applicable to for-profit businesses; (3) one or more individuals has personally guaranteed the loan; (4) each business has clear title to the collateral for the loan; and (5) each business has sufficient cash flow to meet loan obligations and reasonable operating expenses. Prohibits more than 7% of the total number of loans guaranteed in any fiscal year for certified development companies from being awarded under such program. | {"src": "billsum_train", "title": "A bill to create a 3-year pilot program that makes small, nonprofit child care businesses eligible for loans under title V of the Small Business Investment Act of 1958."} | 2,125 | 160 | 0.498871 | 1.382847 | 0.714941 | 3.451613 | 12.877419 | 0.909677 |
SECTION 1. CONVEYANCE OF FACILITIES.
(a) Definitions.--In this section:
(1) Burley.--The term ``Burley'' means the Burley
Irrigation District, an irrigation district organized under the
law of the State of Idaho.
(2) Division.--The term ``Division'' means the Southside
Pumping Division of the Minidoka project, Idaho.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Conveyance.--
(1) In general.--The Secretary shall, without consideration
or compensation except as provided in this section, convey to
Burley, by quitclaim deed or patent, all right, title, and
interest of the United States in and to the withdrawn and
acquired lands, easements, and rights-of-way of or in
connection with the Division, together with the pumping plants,
canals, drains, laterals, roads, pumps, checks, headgates,
transformers, pumping plant substations, buildings,
transmission lines, and other improvements or appurtenances to
the land or used for the delivery of water from the headworks
of the Southside Canal at the Minidoka Dam and reservoir to
land in Burley, including all facilities used in conjunction
with the Division (including the electric transmission lines
used to transmit electric power for the operation of the
pumping facilities of the Division and related purposes for
which the allocable construction costs have been fully repaid
by Burley).
(2) Costs.--The first $80,000 in administrative costs of
transfer of title and related activities shall be paid in equal
shares by the United States and Burley, and any additional
amount of administrative costs shall be paid by the United
States.
(c) Water Rights.--
(1) Transfer.--The Secretary shall transfer to Burley,
through an agreement among Burley, the Minidoka Irrigation
District, and the Secretary, in accordance with and subject to
the law of the State of Idaho, all natural flow, waste,
seepage, return flow, and ground water rights held in the name
of the United States for the benefit of, and for use on land
within, the Burley Irrigation District.
(2) Allocation of storage space.--The allocation to Burley
of storage space in Minidoka Reservoir, American Falls
Reservoir, and Palisades Reservoir, in accordance with Burley
Contract Nos. 14-06-100-2455 and 14-06-W-48 is affirmed,
subject to the obligation of Burley to continue to assume and
satisfy its allocable costs of operation and maintenance
associated with the storage facilities operated by the Bureau
of Reclamation.
(d) Project Reserved Power.--
(1) In general.--The Secretary shall continue to provide
Burley with a permanent right to project reserved power from
the Minidoka Reclamation Power Plant, Palisades Reclamation
Power Plant, Black Canyon Reclamation Power Plant, and Anderson
Ranch Reclamation Power Plant at the cost of production and
delivery to Burley in accordance with understandings and
commitments made by the Secretary in acquiring the plants, the
reclamation laws, and contracts for electric power in existence
of the date of enactment of this Act.
(2) Right of first refusal.--If the United States decides
to transfer out of Federal ownership title to the Minidoka
Power Plant or Dam, the Secretary shall grant to entities
entitled to storage water in Lake Walcott (the reservoir
created by Minidoka Dam) under spaceholder contracts with the
United States a right of first refusal to acquire the power
plant or dam and related facilities at such reasonable cost and
subject to such terms and conditions as may be agreed on by the
spaceholders and the Secretary.
(e) Right of Joint Use.--Burley shall continue to recognize the
right of Minidoka Irrigation District to the joint use of the gravity
portion of the Southside Canal being transferred to Burley, subject to
compliance by the Minidoka Irrigation District with the terms and
conditions of a contract between Burley and Minidoka Irrigation
District, and any amendments or changes made by agreement of the
irrigation districts.
(f) Liability.--
(1) In general.--Effective on the date of conveyance of the
lands, easements, and rights-of-way under subsection (b), the
United States shall not be held liable by any court for damages
of any kind arising out of any act, omission, or occurrence
relating to the conveyed lands, easements, and right-of-way,
except for damage caused by an act of negligence or other
tortious conduct committed by the United States or by its
employees, agents, or contractors of the United States before
the conveyance.
(2) No increase in liability.--Paragraph (1) does not
increase the liability of the United States beyond that
currently provided in chapter 171 of title 28, United States
Code (commonly known as the ``Federal Tort Claims Act'').
(f) Completion of Conveyance.--
(1) In general.--The Secretary shall complete the
conveyance under subsection (b) (including such action as may
be required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.)) not later than 2 years after the date
of enactment of this Act.
(2) Default.--If the conveyance is not completed by January
1, 2000, through no fault of Burley--
(A) the right, title, and interest of the United
States described in subsection (b)(1) are conveyed to
Burley on that date by operation of law; and
(B) the Secretary shall provide evidence of the
conveyance at the request of Burley. | Directs the Secretary of the Interior to convey to Burley Irrigation District, by quitclaim deed or patent, withdrawn and acquired lands, easements and rights-of-way of the Southside Pumping Division of the Minidoka Project, Idaho, together with improvements or appurtenances to the land or used for the delivery of water from the headworks of the Southside Canal at the Minidoka Dam and reservoir to the land within the District, including the electric transmission lines used for the operation of the pumping facilities of the Project for which allocable construction costs have been fully repaid. Requires the cost of such transfer and related activities to be equally shared between the United States and the District up to a total cost of $80,000, at which time the United States shall pay all remaining costs.
Requires the Secretary to transfer to the District all natural flow, waste, seepage, return flow and groundwater rights held by the Secretary for the benefit of, and for the use on, the land within the District. Affirms the allocation of storage space in Minidoka, American Falls, and Palisades reservoirs to the District in accordance with the terms of specified contracts, subject to the requirement that the District continue to assume its allocable costs of operation and maintenance associated with such storage facilities.
Requires the Secretary: (1) to continue to provide the District with a permanent right to project reserve power from specified power plants; and (2) upon the decision of the Federal Government to transfer ownership to the Minidoka Power Plant or Dam, to grant to those entities entitled to storage water in Lake Walcott under Federal spaceholder contracts a right of first refusal to acquire such Power Plant or Dam and related facilities.
Requires the District to continue to recognize the right of Minidoka Irrigation District to joint use of the gravity portion of the Southside Canal being transferred to the District, under specified conditions.
Requires the Secretary to complete the transfer no later than two years after the enactment of this Act. Provides that if the transfer is not completed by January 1, 2000, the U.S. title and interest cited in this Act shall be conveyed to the District on that date by operation of law. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to convey certain facilities of the Minidoka project to the Burley Irrigation District, and for other purposes."} | 1,280 | 491 | 0.739304 | 2.705364 | 0.834713 | 3.755448 | 2.680387 | 0.922518 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian River Lagoon Nutrient Removal
Assistance Act of 2014''.
SEC. 2. INDIAN RIVER LAGOON NUTRIENT REMOVAL ASSISTANCE GRANT PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall establish an Indian River Lagoon Nutrient
Removal Assistance Grant Program (in this section referred to as the
``Program'') to assist projects related to the protection and
restoration of the Indian River Lagoon in Florida.
(b) Grant Authority.--In carrying out the Program, the
Administrator may make a grant, on a competitive basis, to any of the
following:
(1) A State government entity.
(2) A local government entity.
(3) A nonprofit organization.
(4) The Indian River Lagoon Program.
(c) Applications.--To be eligible for a grant under the Program, an
entity specified in subsection (b) shall submit to the Administrator an
application with respect to a proposed project at such time, in such
form, and containing such information as the Administrator determines
is appropriate, which shall include at least a description of the
proposed project and the communities to be served by the proposed
project.
(d) Selection Criteria.--The Administrator shall issue regulations
with respect to the criteria to be utilized to select projects for
grants under the Program, which shall prioritize projects that--
(1) produce the greatest nutrient load reductions;
(2) result in the greatest environmental benefits to the
Indian River Lagoon; and
(3) advance the goals and objectives of the comprehensive
plan.
(e) Consultation.--In selecting projects for grants under the
Program, the Administrator shall consult with--
(1) the Indian River Lagoon Program;
(2) the State of Florida and local governments in the
Indian River Lagoon watershed; and
(3) other relevant stakeholders involved with the
protection and restoration of the Indian River Lagoon.
(f) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of a project assisted with a grant
under the Program shall be 75 percent.
(2) Exception.--At the request of a grant recipient, the
recipient may lower the Federal share of the cost for a project
carried out by the recipient to an amount that is less than 75
percent.
(g) Definitions.--In this section, the following definitions apply:
(1) Comprehensive plan.--The term ``comprehensive plan''
means--
(A) the conservation and management plan approved
under section 320 of the Federal Water Pollution
Control Act (33 U.S.C. 1330) for the Indian River
Lagoon; and
(B) any amendments to that plan.
(2) Indian river lagoon program.--The term ``Indian River
Lagoon Program'' means the Indian River Lagoon National Estuary
Program convened as the management conference under section 320
of the Federal Water Pollution Control Act (33 U.S.C. 1330) for
the Indian River Lagoon, and includes the Policy Board,
Management Committee, Technical Advisory Committee, and
Citizens Advisory Committee of that Program.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Administrator to carry out the Program each fiscal year the
amounts available in the Indian River Lagoon Nutrient Removal
Assistance Trust Fund established under section 9512 of the
Internal Revenue Code of 1986.
(2) Administrative expenses.--The Administrator may not use
more than 5 percent of the amounts made available to carry out
the Program each fiscal year to pay administrative expenses
incurred in carrying out the Program.
(3) Prohibition.--No amounts made available to carry out
the Program may be used for the administrative expenses of a
management conference convened under section 320 of the Federal
Water Pollution Control Act (33 U.S.C. 1330).
(4) Rule of construction.--Nothing in this section may be
construed to limit the eligibility of the Indian River Lagoon
Program to receive funding under section 320(g) of the Federal
Water Pollution Control Act (33 U.S.C. 1330(g)).
SEC. 3. INCREASE IN CERTAIN CIVIL PENALTIES.
(a) In General.--Notwithstanding any other provision of law and not
later than 90 days after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall issue
regulations to increase by 5 percent each civil penalty amount
established for a violation of the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.).
(b) Applicability.--The regulations issued under subsection (a)
shall only apply to violations of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) occurring after the date of enactment of
this Act.
SEC. 4. INDIAN RIVER LAGOON NUTRIENT REMOVAL ASSISTANCE TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9512. INDIAN RIVER LAGOON NUTRIENT REMOVAL ASSISTANCE TRUST
FUND.
``(a) Creation of Trust Fund.--There is hereby established in the
Treasury of the United States a trust fund to be known as the `Indian
River Lagoon Nutrient Removal Assistance Trust Fund', consisting of
such amounts as may be appropriated or credited to such Trust Fund as
provided in this section and section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Indian River Lagoon Nutrient Removal Assistance Trust Fund such
amounts as the Secretary determines from time to time are equivalent to
the increase in civil penalties under section 3(a) of the Indian River
Lagoon Nutrient Removal Assistance Act of 2014 for violations of the
Federal Water Pollution Control Act.
``(c) Expenditures.--Amounts in the Indian River Lagoon Nutrient
Removal Assistance Trust Fund shall be available as provided in
appropriations Acts only for making expenditures to make grants under
the Indian River Lagoon Nutrient Removal Assistance Grant Program under
section 2(a) of the Indian River Lagoon Nutrient Removal Assistance Act
of 2014.''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of such Code is amended by adding at the end the following
new item:
``Sec. 9512. Indian River Lagoon Nutrient Removal Assistance Trust
Fund.''. | Indian River Lagoon Nutrient Removal Assistance Act of 2014 - Requires the Environmental Protection Agency (EPA) to establish an Indian River Lagoon Nutrient Removal Assistance Grant Program to assist projects related to the protection and restoration of the Indian River Lagoon in Florida. Directs the EPA to issue regulations regarding grant selection criteria that prioritize projects that: (1) produce the greatest nutrient load reductions, (2) result in the greatest environmental benefits to the Lagoon, and (3) advance the goals and objectives of the comprehensive and management plan for the Indian River Lagoon approved under the National Estuary program of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Requires the EPA to issue regulations to increase by 5% each civil penalty amount established for a violation of the Clean Water Act. Amends the Internal Revenue Code to establish an Indian River Lagoon Nutrient Removal Assistance Trust Fund for the Program. Requires an amount equal to the increase in civil penalties to be transferred to the Fund. | {"src": "billsum_train", "title": "Indian River Lagoon Nutrient Removal Assistance Act of 2014"} | 1,507 | 225 | 0.644887 | 1.718296 | 0.929474 | 4.873016 | 6.746032 | 0.915344 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Service Fellowship Program
Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In confronting terrorism the United States must reach
out to other regions of the world to maintain, as well as
establish, strong relationships as recommended by the Final
Report of the National Commission on Terrorist Attacks Upon the
United States (commonly referred to as the ``9/11 Commission
Report''), which stated that ``The United States should rebuild
the scholarship, exchange, and library programs that reach out
to young people and offer them knowledge and hope. Where such
assistance is provided, it should be identified as coming from
the citizens of the United States.''.
(2) International volunteering opportunities are effective
means of addressing critical human needs, building bridges
across cultures, and promoting mutual understanding.
(3) Current volunteer programs, such as the Peace Corps,
remain an important component of Federal efforts to promote
volunteer service, cross-cultural understanding, and the values
of the United States.
(4) The duration of volunteer service opportunities and
financial limitations are common barriers to qualified
individuals of all backgrounds and ages interested in
volunteering overseas, which would be significantly reduced by
a global service fellowship program.
(5) A global service fellowship program would provide
funding and programmatic flexibility for volunteers of all
backgrounds and ages.
(6) Eligible organizations willing to participate in the
fellowship program as sponsoring organizations would be in a
better position to recruit volunteers for their programs
overseas.
SEC. 3. GLOBAL SERVICE FELLOWSHIP PROGRAM.
(a) Establishment and Purpose.--The Secretary of State, in
consultation with representatives of the Volunteers for Prosperity
program administered by the United States Agency for International
Development, shall establish and administer a grant program to be known
as the ``Global Service Fellowship Program'' (in this section referred
to as the ``Program'') to fund fellowships to promote international
volunteering opportunities as a means of addressing critical human
needs and promoting mutual understanding by building bridges across
cultures, addressing critical human needs, and promoting mutual
understanding.
(b) Fellowships.--Grants awarded under the Program shall be used to
fund fellowships as follows:
(1) Fellowships between 7 days and 14 days in duration may
be funded at levels of up to $1,000.
(2) Fellowships between 15 days and 90 days in duration may
be funded at levels of up to $2,500.
(3) Fellowships between 91 days and 180 days may be funded
at levels of up to $5,000.
(4) Fellowships between 181 days and one year may be funded
at levels of up to $7,500.
(c) Coordination With Sponsoring Organizations.--
(1) In general.--Fellowships funded under the Program shall
be coordinated and supervised by participating volunteer
sponsoring organizations. The sponsoring organizations shall be
registered with the Secretary of State and shall collaborate
with host country organizations in developing programs that
appropriately address local needs for the transfer of volunteer
skills, capacity building, and cross-cultural service
organizations.
(2) Prioritization of projects.--Sponsoring organizations
shall recommend and prioritize fellowship projects based on one
or more of the following objectives:
(A) Eradication of extreme poverty in conjunction
with the goals of the United Nations Millennium
Development Goals.
(B) Achievement of universal primary education.
(C) Promotion of gender equality and the
empowerment of women and families.
(D) Reducing child mortality and improving maternal
health.
(E) Providing medical and dental health care and
prevention.
(F) Providing assistance for the elderly, orphans,
people with disabilities, and refugees.
(G) Promoting environmental sustainability.
(H) Providing economic and social opportunities for
youth in countries with growing cohorts of young
people.
(I) Promoting youth service by building related
volunteer-sector capacity in host countries.
(J) Combating HIV/AIDS, malaria, and other
infectious diseases.
(K) Helping to build or provide decent housing.
(L) Providing disaster and humanitarian response,
preparedness, and reconstruction.
(M) Promoting cross-cultural exchange, conflict
resolution, and peace.
(N) Developing global partnerships for development
in the areas of economic growth, microenterprise, asset
development, and agricultural and rural development.
(O) Advancing access to information technology and
strengthening civil society.
(P) Providing services to orphans and vulnerable
children.
(Q) Carrying out additional activities in impact
areas designated by the Secretary of State in
accordance with the purposes of this Act.
(d) Application Process.--
(1) Submission of applications.--Applicants shall submit
applications for fellowships under the Program to sponsoring
organizations.
(2) Review of applications.--The Secretary of State, or an
agent appointed by the Secretary, shall determine the
eligibility of candidates and, in consultation with sponsoring
organizations, award and administer fellowships under the
Program.
(3) Criteria.--The Secretary of State shall develop and
publish criteria for fellowships in accordance with the
following guidelines:
(A) Sponsoring organizations.--Applicants for
Global Service Fellowships shall be registered with
sponsoring organizations such as--
(i) nongovernmental organizations based in
the United States that sponsor international
volunteer service;
(ii) faith-based organizations engaged in
the delivery of nonsectarian services;
(iii) universities and colleges operating
international service learning and volunteer
service programs; and
(iv) nongovernmental organizations based in
the United States that collaborate with local
or national host government agencies or
nongovernmental organizations in promoting
volunteer capacity and national and community
service in impact areas designated by the
Secretary of State under subsection (c)(2)(Q).
(B) Applicants.--Applicants shall be nominated and
selected for Global Service Fellowships as follows:
(i) Applicants shall have clearly defined
and structured goals for their proposed
fellowships, including a plan for assessing and
monitoring progress toward such goals with
sponsoring organizations and a basis for
follow-up and review by the Secretary of State.
(ii) Priority should be given to--
(I) applicants from households with
an income that is less than 200 percent
of the poverty level established
pursuant to current census figures;
(II) applicants who have
demonstrated prior community service
experience;
(III) applicants with skills and
experience suited to the specific needs
of host countries; and
(IV) applicants who demonstrate a
clear plan to communicate their
volunteer experiences to their
community upon their return.
(e) Reporting Requirement.--Individuals receiving Global Service
Fellowships shall submit such reports, including post-fellowship
reports prepared for their home communities, as the Secretary of State
may require.
(f) Eligible Costs.--
(1) In general.--Funds awarded under this section may be
used to cover the following costs associated with the Program:
(A) Airfare, in-country travel, accommodations.
(B) Fees assessed by sponsoring organizations to
defray international service program costs and
administrative costs.
(C) Subsistence allowance in accordance with local
market conditions.
(D) Program and local service project materials and
tools to be expressly used for implementing and
executing individual fellowship projects.
(E) Language and cultural training and other costs
associated with pre-service project orientation.
(2) Tuition not covered.--Funds awarded under this section
may not be used for tuition costs.
(g) Nondiscrimination Requirements.--
(1) Nomination and selection of applicants.--The nomination
and selection of applicants under subsection (d) shall be
without regard to race, religion, color, national origin, sex,
age, political affiliation, or disability.
(2) Sponsoring organizations.--
(A) In general.--A sponsoring organization shall
not discriminate against a Global Service Fellowship
Program participant or applicant, a beneficiary of any
project in which a Global Service Fellow participates,
or, except as provided in subparagraph (B), an employee
of the organization who is paid with Program funds on
the basis of race, religion, color, national origin,
sex, age, political affiliation, or disability.
(B) Limited exception for employees of sponsoring
organizations employed at time of awarding of funds.--
The prohibition under subparagraph (A) on
discrimination on the basis of religion shall not apply
to the employment, with assistance provided under this
Program, of any employee who was employed with the
sponsoring organization on the date that the funds were
awarded.
SEC. 4. EVALUATION AND REPORT.
(a) Evaluation of Global Service Fellowship Program.--The Secretary
of State shall establish and implement an evaluation process for
determining the effectiveness of the Global Service Fellowship Program.
(b) Report.--Not later than March 31, 2010, the Secretary of State
shall submit to Congress a report on the Global Service Fellowships
Program established under section 3. The report shall describe--
(1) the identity and location of sponsoring organizations;
(2) for each impact issue areas identified by sponsoring
organizations, the number of volunteer opportunities and the
number of related Global Service Fellowships that have been
funded;
(3) the number of local volunteers recruited or engaged
with Global Service Fellows and their sponsoring organizations
or local host organizations;
(4) the locations of volunteer services;
(5) the effectiveness of such services based upon findings
of the evaluation process; and
(6) the total numbers of nominations for Global Service
Fellowships that have been received and accepted by the
Secretary of State.
SEC. 5. FELLOWSHIPS EXCLUDED FROM GROSS INCOME.
(a) In General.--Part III of subchapter B of chapter 1 of subtitle
A of the Internal Revenue Code of 1986 (relating to items specifically
excluded from gross income) is amended by inserting after section 139A
the following new section:
``SEC. 139B. GLOBAL SERVICES FELLOWSHIPS.
``Gross income does not include amounts received under the Global
Services Fellowship Program (within the meaning of section 3 of the
Global Service Fellowship Program Act of 2007).''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of subtitle A of such Code is amended by
inserting after the item relating to section 139A the following new
item:
``139B. Global Services Fellowships.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 6. REGULATIONS.
The Secretary of State shall prescribe regulations to carry out the
provisions of this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Funding.--There is authorized to be appropriated to the
Secretary of State $50,000,000 for each of fiscal years 2008 through
2010 for purposes of establishing and implementing the Global Service
Fellowship Program.
(b) Offset.--In order to provide an offset for amounts appropriated
pursuant to subsection (a), the Internal Revenue Service shall deposit
in the Treasury as miscellaneous receipts all of the fees it receives
for services. | Global Service Fellowship Program Act of 2007 - Directs the Secretary of State to establish and administer a Global Service Fellowship Program to fund fellowships to promote international volunteering opportunities as a means of building bridges across cultures, addressing critical human needs, and promoting mutual understanding.
Sets forth Program provisions.
Authorizes appropriations. | {"src": "billsum_train", "title": "To establish a Global Service Fellowship Program, and for other purposes."} | 2,396 | 71 | 0.553652 | 1.444909 | 1.047322 | 5 | 38.525424 | 0.932203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Blue Alert Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coordinator.--The term ``Coordinator'' means the Blue
Alert Coordinator of the Department of Justice designated under
section 4(a).
(2) Blue alert.--The term ``Blue Alert'' means information
relating to the serious injury or death of a law enforcement
officer in the line of duty sent through the network.
(3) Blue alert plan.--The term ``Blue Alert plan'' means
the plan of a State, unit of local government, or Federal
agency participating in the network for the dissemination of
information received as a Blue Alert.
(4) Law enforcement officer.--The term ``law enforcement
officer'' shall have the same meaning as in section 1204 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796b(6)).
(5) Network.--The term ``network'' means the Blue Alert
communications network established by the Attorney General
under section 3.
(6) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
SEC. 3. BLUE ALERT COMMUNICATIONS NETWORK.
The Attorney General shall establish a national Blue Alert
communications network within the Department of Justice to issue Blue
Alerts through the initiation, facilitation, and promotion of Blue
Alert plans, in coordination with States, units of local government,
law enforcement agencies, and other appropriate entities.
SEC. 4. BLUE ALERT COORDINATOR; GUIDELINES.
(a) Coordination Within Department of Justice.--The Attorney
General shall assign an existing officer of the Department of Justice
to act as the national coordinator of the Blue Alert communications
network.
(b) Duties of the Coordinator.--The Coordinator shall--
(1) provide assistance to States and units of local
government that are using Blue Alert plans;
(2) establish voluntary guidelines for States and units of
local government to use in developing Blue Alert plans that
will promote compatible and integrated Blue Alert plans
throughout the United States, including--
(A) a list of the resources necessary to establish
a Blue Alert plan;
(B) criteria for evaluating whether a situation
warrants issuing a Blue Alert;
(C) guidelines to protect the privacy, dignity,
independence, and autonomy of any law enforcement
officer who may be the subject of a Blue Alert and the
family of the law enforcement officer;
(D) guidelines that a Blue Alert should only be
issued with respect to a law enforcement officer if--
(i) the law enforcement agency involved--
(I) confirms--
(aa) the death or serious
injury of the law enforcement
officer; or
(bb) the attack on the law
enforcement officer and that
there is an indication of the
death or serious injury of the
officer; or
(II) concludes that the law
enforcement officer is missing in the
line of duty;
(ii) there is an indication of serious
injury to or death of the law enforcement
officer;
(iii) the suspect involved has not been
apprehended; and
(iv) there is sufficient descriptive
information of the suspect involved and any
relevant vehicle and tag numbers;
(E) guidelines--
(i) that information relating to a law
enforcement officer who is seriously injured or
killed in the line of duty should be provided
to the National Crime Information Center
database operated by the Federal Bureau of
Investigation under section 534 of title 28,
United States Code, and any relevant crime
information repository of the State involved;
(ii) that a Blue Alert should, to the
maximum extent practicable (as determined by
the Coordinator in consultation with law
enforcement agencies of States and units of
local governments), be limited to the
geographic areas most likely to facilitate the
apprehension of the suspect involved or which
the suspect could reasonably reach, which
should not be limited to State lines;
(iii) for law enforcement agencies of
States or units of local government to develop
plans to communicate information to neighboring
States to provide for seamless communication of
a Blue Alert; and
(iv) providing that a Blue Alert should be
suspended when the suspect involved is
apprehended or when the law enforcement agency
involved determines that the Blue Alert is no
longer effective; and
(F) guidelines for--
(i) the issuance of Blue Alerts through the
network; and
(ii) the extent of the dissemination of
alerts issued through the network;
(3) develop protocols for efforts to apprehend suspects
that address activities during the period beginning at the time
of the initial notification of a law enforcement agency that a
suspect has not been apprehended and ending at the time of
apprehension of a suspect or when the law enforcement agency
involved determines that the Blue Alert is no longer effective,
including protocols regulating--
(A) the use of public safety communications;
(B) command center operations; and
(C) incident review, evaluation, debriefing, and
public information procedures;
(4) work with States to ensure appropriate regional
coordination of various elements of the network;
(5) establish an advisory group to assist States, units of
local government, law enforcement agencies, and other entities
involved in the network with initiating, facilitating, and
promoting Blue Alert plans, which shall include--
(A) to the maximum extent practicable,
representation from the various geographic regions of
the United States; and
(B) members who are--
(i) representatives of a law enforcement
organization representing rank-and-file
officers;
(ii) representatives of other law
enforcement agencies and public safety
communications;
(iii) broadcasters, first responders,
dispatchers, and radio station personnel; and
(iv) representatives of any other
individuals or organizations that the
Coordinator determines are necessary to the
success of the network;
(6) act as the nationwide point of contact for--
(A) the development of the network; and
(B) regional coordination of Blue Alerts through
the network; and
(7) determine--
(A) what procedures and practices are in use for
notifying law enforcement and the public when a law
enforcement officer is killed or seriously injured in
the line of duty; and
(B) which of the procedures and practices are
effective and that do not require the expenditure of
additional resources to implement.
(c) Limitations.--
(1) Voluntary participation.--The guidelines established
under subsection (b)(2), protocols developed under subsection
(b)(3), and other programs established under subsection (b),
shall not be mandatory.
(2) Dissemination of information.--The guidelines
established under subsection (b)(2) shall, to the maximum
extent practicable (as determined by the Coordinator in
consultation with law enforcement agencies of States and units
of local government), provide that appropriate information
relating to a Blue Alert is disseminated to the appropriate
officials of law enforcement agencies, public health agencies,
and other agencies.
(3) Privacy and civil liberties protections.--The
guidelines established under subsection (b) shall--
(A) provide mechanisms that ensure that Blue Alerts
comply with all applicable Federal, State, and local
privacy laws and regulations; and
(B) include standards that specifically provide for
the protection of the civil liberties, including the
privacy, of law enforcement officers who are seriously
injured or killed in the line of duty and the families
of the officers.
(d) Cooperation With Other Agencies.--The Coordinator shall
cooperate with the Secretary of Homeland Security, the Secretary of
Transportation, the Chairman of the Federal Communications Commission,
and appropriate offices of the Department of Justice in carrying out
activities under this Act.
(e) Restrictions on Coordinator.--The Coordinator may not--
(1) perform any official travel for the sole purpose of
carrying out the duties of the Coordinator;
(2) lobby any officer of a State regarding the funding or
implementation of a Blue Alert plan; or
(3) host a conference focused solely on the Blue Alert
program that requires the expenditure of Federal funds.
(f) Reports.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Coordinator shall submit to
Congress a report on the activities of the Coordinator and the
effectiveness and status
of the Blue Alert plans that are in effect or being developed.
Passed the House of Representatives May 15, 2012.
Attest:
KAREN L. HAAS,
Clerk. | National Blue Alert Act of 2012 - Directs the Attorney General to: (1) establish a national Blue Alert communications network within the Department of Justice (DOJ) to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty, in coordination with federal, state, and local Blue Alert plans; and (2) assign an existing DOJ officer to act as the national coordinator of the Blue Alert communications network.
Sets forth the duties of the national coordinator, including: (1) providing assistance to states and local governments that are using Blue Alert plans; (2) establishing voluntary guidelines for states and local governments to use in developing such plans; (3) developing protocols for efforts to apprehend suspects; (4) working with states to ensure appropriate regional coordination of various elements of the network; (5) establishing an advisory group to assist states, local governments, law enforcement agencies, and other entities in initiating, facilitating, and promoting Blue Alert plans; (6) acting as the nationwide point of contact for the development of the network and the regional coordination of Blue Alerts through the network; and (7) determining what procedures and practices are in use for notifying law enforcement and the public when a law enforcement officer is killed or seriously injured in the line of duty and which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement.
Requires the guidelines to: (1) provide that appropriate information relating to a Blue Alert is disseminated to officials of law enforcement, public health, and other agencies; and (2) provide mechanisms that ensure that Blue Alerts comply with all applicable federal, state, and local privacy laws and regulations and include standards that specifically provide for the protection of the civil liberties of law enforcement officers and their families.
Directs the coordinator to annually submit a report on the coordinator's activities and the effectiveness and status of the Blue Alert plans that are in effect or being developed. | {"src": "billsum_train", "title": "To encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty."} | 1,831 | 405 | 0.735861 | 2.280796 | 0.877802 | 5.255814 | 4.617571 | 0.96124 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student-to-School Nurse Ratio
Improvement Act of 2013''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The American Academy of Pediatrics emphasizes the
crucial role of school nurses in the seamless provision of
comprehensive health services to children and youth, as well as
in the development of a coordinated school health program.
(2) The school nurse functions as a leader and the
coordinator of the school health services team, facilitating
access to a medical home for each child and supporting academic
achievement.
(3) School nurses promote wellness and disease prevention
to improve health outcomes for our Nation's children. In
addition, school nurses perform early intervention services
such as periodic assessments for vision, hearing, and dental
problems, in an effort to remove barriers to learning.
(4) Recent national data indicates 45 percent of public
schools have a school nurse all day, every day, while another
30 percent of schools have a school nurse who works part time
in one or more schools.
(5) The American Nurses Association has reported that when
there is no registered nurse on the school premises, the
responsibility to administer the necessary medications and
treatments, and appropriate monitoring of the children falls on
the shoulders of administrators, educators, and staff who are
ill-prepared to perform these tasks.
(6) Statistics from the National Center for Educational
Statistics indicate that of the 52,000,000 students who
currently spend their day in schools, 15 to 18 percent of
children and adolescents have a chronic health condition.
(7) A recent study indicated that from 2002 to 2008, the
percentage of children in special education with health
impairments, due to chronic or acute health problems, increased
60 percent. School nurses use their specialized knowledge,
assessment skills, and judgment to manage children's
increasingly complex medical conditions and chronic health
illnesses.
(8) Among adolescents aged 12 to 19 years old, the
prevalence of pre-diabetes and diabetes increased from 9
percent to 23 percent between 1999 and 2008. More than 30
percent of children aged 2 to 19 years old are obese or
overweight (>85th percentile). In 2008, more than 10 million
children in the United States had asthma. The prevalence of
food allergies among children under the age of 18 increased 19
percent from 1997 to 2007.
(9) According to the American Academy of Pediatrics,
students today face increased social and emotional issues,
which enhance the need for preventive services and
interventions for acute and chronic health issues. School
nurses are actively engaged members of school-based mental
health teams and spend nearly 32 percent of their time
providing mental health services, including universal and
targeted interventions, screenings to identify early warning
signs and referrals to medical providers, and crisis planning.
(10) In 2011, the Bureau of the Census reported 9.7 percent
of children under the age of 19, which equals 7.6 million
children under the age of 19, were without health insurance.
Data shows that uninsured children achieve lower educational
outcomes than those with health coverage. Children who cannot
afford to see a medical provider miss more days of school,
experience increased severity of illness, and suffer from
disparities in health.
(11) More than 1.6 million children experience homelessness
each year in the United States. Homeless children develop
increased rates of acute and chronic health conditions, and the
stress of their living situation can negatively affect their
development and ability to learn. As a result, schools have
become the primary access to health care for many children and
adolescents. School nurses serve on the frontlines as a safety
net for the Nation's most vulnerable children.
(12) Communicable and infectious diseases account for
millions of school days lost each year. Data illustrate that
when students have access to a registered nurse in school,
immunization rates increase.
(13) A 2011 study showed that a school nurse in the
building saves principals, teachers, and clerical staff a
considerable amount of time that they would have spent
addressing health concerns of students, including saving
principals almost an hour a day; saving teachers almost 20
minutes a day; and saving clerical staff more than 45 minutes a
day. This would amount to a savings of about 13 hours per day
in the aggregate for such school personnel.
(14) Using a formula-based approach, taking into
consideration the overall health acuity of the student body and
the workload of school nurses, for determining a balanced
student-to-school nurse ratio offers a reasonable means for
achieving better student outcomes.
SEC. 3. REDUCING STUDENT-TO-SCHOOL NURSE RATIOS.
(a) Demonstration Grants.--
(1) In general.--The Secretary of Education, in
consultation with the Secretary of Health and Human Services
and the Director of the Centers for Disease Control and
Prevention, may make demonstration grants to eligible local
educational agencies for the purpose of reducing the student-
to-school nurse ratio in public elementary schools and
secondary schools.
(2) Application.--To receive a grant under this section, an
eligible local educational agency shall submit to the Secretary
of Education an application at such time, in such manner, and
containing such information as the Secretary may require, which
shall include information with respect to the current ratios of
students-to-school nurses, student health acuity levels, and
workloads of school nurses in each of the public elementary
schools and secondary schools served by the agency.
(3) Priority.--In awarding grants under this section, the
Secretary of Education shall give priority to applications
submitted by high-need local educational agencies that
demonstrate the greatest need for new or additional nursing
services among students in the public elementary secondary and
secondary schools served by the agency.
(4) Matching funds.--The Secretary of Education may require
recipients of grants under this section to provide matching
funds from non-Federal sources, and shall permit the recipients
to match funds in whole or in part with in-kind contributions.
(b) Report.--Not later than 24 months after the date on which a
grant is first made to a local educational agency under this section,
the Secretary of Education shall submit to the Congress a report on the
results of the demonstration grant program carried out under this
section, including an evaluation--
(1) of the effectiveness of the program in reducing the
student-to-school nurse ratios described in subsection (a)(1);
and
(2) of the impact of any resulting enhanced health of
students on learning, such as academic achievement, attendance,
and classroom time.
(c) Definitions.--For purposes of this section:
(1) ESEA terms.--The terms ``elementary school'', ``local
educational agency'', ``poverty line'', and ``secondary
school'' have the meanings given to those terms in section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(2) Acuity.--The term ``acuity'', when used with respect to
a level, means the level of a patient's sickness, such as a
chronic condition, which influences the need for nursing care.
(3) Workload.--The term ``workload'', when used with
respect to a nurse, means the amount of time the nurse takes to
provide care and complete the other tasks for which the nurse
may be responsible.
(4) Eligible local educational agency.--The term ``eligible
local educational agency'' means a local educational agency in
which the student-to-school nurse ratio in each public
elementary and secondary school served by the agency is 750 or
more students to 1 school nurse.
(5) High-need local educational agency.--The term ``high-
need local educational agency'' means a local educational
agency--
(A) that serves not fewer than 10,000 children from
families with incomes below the poverty line; or
(B) for which not less than 20 percent of the
children served by the agency are from families with
incomes below the poverty line.
(6) Nurse.--The term ``nurse'' means a licensed nurse, as
defined under State law.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for each of the fiscal years 2014 through 2018. | Student-to-School Nurse Ratio Improvement Act of 2013 - Authorizes the Secretary of Education to make matching demonstration grants to local educational agencies (LEAs) in which the student-to-school nurse ratio in each of their public elementary and secondary schools is 750 or more students to every school nurse for the purpose of reducing such ratio. Gives grant priority to LEAs: (1) for which not fewer than 10,000 or not less than 20% of the children served are from families with incomes below the poverty line, and (2) that demonstrate the greatest need for new or additional nursing services for their students. | {"src": "billsum_train", "title": "Student-to-School Nurse Ratio Improvement Act of 2013"} | 1,766 | 129 | 0.453156 | 1.218912 | 0.547255 | 4.184874 | 14.470588 | 0.957983 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mechanical Insulation Installation
Incentive Act of 2010''.
SEC. 2. EXPENSING OF MECHANICAL INSULATION PROPERTY.
(a) In General.--Part VI of subchapter B of chapter 1 of subtitle A
of the Internal Revenue Code of 1986 (relating to itemized deductions
for individuals and corporations) is amended by inserting after section
179E the following new section:
``SEC. 179F. MECHANICAL INSULATION PROPERTY.
``(a) Treatment as Expenses.--In addition to any other deduction in
this subtitle, there shall be allowed as a deduction an amount equal to
the applicable percentage of the cost of mechanical insulation property
placed in service during the taxable year.
``(b) Applicable Percentage.--For purposes of subsection (a)--
``(1) In general.--The term `applicable percentage' means
the lesser of--
``(A) 30 percent, and
``(B) the reduction in energy loss (expressed as a
percentage) from the installed mechanical insulation
property compared to reference mechanical insulation
property which meets the minimum requirements of ASHRAE
standard 90.1-2007.
``(2) Special rule relating to maintenance.--In the case of
mechanical insulation property placed in service as a
replacement for insulation property--
``(A) paragraph (1)(B) shall not apply, and
``(B) the cost of such property shall be treated as
an expense for which a deduction is allowed under
section 162 instead of being treated as depreciable for
purposes of the deduction provided by section 167.
``(c) Definitions.--For purposes of this section--
``(1) Mechanical insulation property.--The term `mechanical
insulation property' means insulation materials, facings, and
accessory products--
``(A) placed in service in connection with a
mechanical system which--
``(i) is located in the United States, and
``(ii) is of a character subject to an
allowance for depreciation, and
``(B) utilized for thermal requirements for
mechanical piping and equipment, hot and cold
applications, and heating, venting and air conditioning
applications which can be used in a variety of
facilities.
``(2) Cost.--The cost of mechanical insulation property
includes--
``(A) the amounts paid or incurred for the
installation of such property for that incremental
portion above the minimums in ASHRAE standard 90.1-2007
and the total insulation cost for maintenance
applications,
``(B) in the case of removal and disposal of the
old mechanical insulation property, 10 percent of the
cost of the new mechanical insulation property
(determined without regard to this subparagraph), and
``(C) expenditures for labor costs properly
allocable to the preparation, assembly, and
installation of mechanical insulation property.
``(d) Coordination.--Subsection (a) shall not apply to the cost of
mechanical insulation property which is taken into account under
section 179D or which, but for subsection (b) of section 179D, would be
taken into account under such section.
``(e) Allocation of Deduction for Tax-Exempt Property.--In the case
of mechanical insulation property installed on or in property owned by
an entity described in paragraph (3) or (4) of section 50(b), the
person who is the primary contractor for the installation of such
property shall be treated as the taxpayer that placed such property in
service.
``(f) Certification.--For purposes of this section, energy savings
shall be certified under regulations or other guidance provided by the
Secretary, in consultation with the Secretary of Energy.
``(g) Termination.--This section shall not apply to any property
placed in service after the end of the 5-year period beginning on the
date of the enactment of this section.''.
(b) Deduction for Capital Expenditures.--Section 263(a)(1) of such
Code (relating to capital expenditures) is amended by striking ``or''
at the end of subparagraph (K), by striking the period at the end of
paragraph (L) and inserting ``, or'', and by adding at the end the
following new subparagraph:
``(M) expenditures for which a deduction is allowed
under section 179F.''.
(c) Technical and Clerical Amendments.--
(1) Section 312(k)(3)(B) of such Code is amended by
striking ``or 179E'' each place it appears in the text or
heading thereof and inserting ``179E, or 179F''.
(2) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such
Code are each amended by inserting ``179F,'' after ``179E,''.
(3) The table of sections for part VI of subchapter B of
chapter 1 of subtitle A of such Code is amended by inserting
after the item relating to section 179E the following new item:
``Sec. 179F. Mechanical insulation property.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of enactment of this
Act. | Mechanical Insulation Installation Incentive Act of 2010 - Amends the Internal Revenue Code to allow an additional tax deduction for the cost of installing mechanical insulation property. Limits the amount of such deduction to the lesser of 30% and the reduction in energy loss from the installed mechanical insulation property compared to property which meets the minimum requirements of American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standard 90.1-2007. Allows a deduction for 30% of the cost of replacing such property.
Defines "mechanical insulation property" as insulation materials, facings, and accessory products: (1) placed in service in connection with a mechanical system which is located in the United States and of a character subject to an allowance for depreciation; and (2) utilized for thermal, acoustical, and personnel safety requirements for mechanical piping and equipment, hot and cold applications, and heating, venting and air conditioning applications which can be used in a variety of facilities.
Allows a tax deduction for capital expenditures related to mechanical insulation property. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a tax incentive for the installation and maintenance of mechanical insulation property."} | 1,184 | 227 | 0.730136 | 2.093161 | 0.805413 | 3.691919 | 5.257576 | 0.883838 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Infrastructure
Improvements on Federal Lands Act of 2010''.
SEC. 2. FEDERAL LANDS HIGHWAYS.
(a) Preventive Maintenance.--Section 116(d) of title 23, United
States Code, is amended--
(1) by inserting after ``the State'' the following: ``or
the appropriate Federal land management agency''; and
(2) by inserting after ``a Federal-aid highway'' the
following: ``or a Federal lands highway''.
(b) Use of Funds.--Section 204(b)(1) of title 23, United States
Code, is amended--
(1) in subparagraph (A)--
(A) by inserting after ``parkways,'' the following:
``trails that are principally for transportation
purposes,''; and
(B) by striking ``and'' at the end;
(2) in subparagraph (B) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) maintenance of highways, roads, parkways, and
trails that are principally for transportation purposes
located on public lands, national parks, and Indian
reservations (in accordance with the safety, bridge,
and pavement management systems established under
subsection (a)(6)), if the Secretary of the appropriate
Federal land management agency demonstrates to the
satisfaction of the Secretary that such maintenance
will improve the asset management of such
facilities.''.
(c) Funding.--There is authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit Account) for park roads
and parkways under section 204 of title 23, United States Code--
(1) $500,000,000 for fiscal year 2011;
(2) $550,000,000 for fiscal year 2012;
(3) $605,000,000 for fiscal year 2013;
(4) $665,000,000 for fiscal year 2014;
(5) $730,000,000 for fiscal year 2015; and
(6) $800,000,000 for fiscal year 2016.
SEC. 3. HIGH PRIORITY PROJECTS PROGRAM.
(a) In General.--Section 117(d) of title 23, United States Code, is
amended by inserting after ``thereof;'' the following: ``except that
the Federal share of the cost of any portion of a project that is
located on public lands or an Indian reservation, or in a national park
or wildlife refuge, shall be 100 percent and''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to projects authorized after the date of enactment of this Act.
SEC. 4. ALTERNATIVE TRANSPORTATION IN PARKS AND PUBLIC LANDS.
(a) Qualified Project.--Section 5320(c)(5) of title 49, United
States Code, is amended--
(1) in the matter preceding subparagraph (A) by inserting
after ``or capital project'' the following: ``, or a project
described in subparagraph (H),'';
(2) in subparagraph (E) by striking the ``or'' at the end;
(3) in subparagraph (F) by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(G) is part of a comprehensive alternative
transportation program designed to meet the transit
needs of an eligible area and with respect to which
implementation is expected to last more than one year;
or
``(H) involves financing the costs associated with
operating fixed guideway projects and systems, buses
and related equipment, and bus-related facilities for
which assistance has been provided under section
5309(b).''.
(b) Authorizations.--
(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out section
5320--
(A) $100,000,000 for fiscal year 2011;
(B) $110,000,000 for fiscal year 2012;
(C) $121,000,000 for fiscal year 2013;
(D) $133,000,000 for fiscal year 2014;
(E) $146,000,000 for fiscal year 2015; and
(F) $161,000,000 for fiscal year 2016.
(2) Projects in national parks.--Of amounts made available
to carry out section 5320 for each fiscal year specified under
paragraph (1), not less than 60 percent of such amounts shall
be for qualified projects in national parks.
(3) Grants as contractual obligations.--Amounts made
available from the Mass Transit Account of the Highway Trust
Fund pursuant to this section shall be treated as having been
made available pursuant to section 5338 of title 49, United
States Code, for purposes of subsection (f) of that section. | Transportation Infrastructure Improvements on Federal Lands Act of 2010 - Makes eligible for federal-aid highway assistance preventive maintenance activities on federal lands highways the appropriate federal land management agency demonstrates to the satisfaction of the Secretary of Transportation (DOT) are a cost-effective means of extending the useful life of such a highway.
Authorizes the use of Federal Lands Highway Program funds for: (1) trails used primarily for transportation; and (2) maintenance of highways, roads, parkways, and trails used primarily for transportation located on public lands, national parks, and Indian reservations, provided such maintenance will improve the asset management of such facilities.
Sets the federal share of the cost of a high priority project located on public lands or an Indian reservation, or in a national park or wildlife refuge, at 100%.
Makes eligible for federal-aid highway assistance any projects in the vicinity of a federally owned or managed park, refuge, or recreational area open to the general public (Paul S. Sarbanes Transit in Parks Program) that: (1) are part of an alternative transportation program in which implementation is expected to last more than one year; or (2) involve capital investment grants financing operating costs of fixed guideway projects and systems, buses and related equipment, and bus-related facilities for which capital investment grant assistance has been provided.
Earmarks 60% of funds made available to the Paul S. Sarbanes Transit in Parks Program each fiscal year for qualified alternative transportation projects in national parks. | {"src": "billsum_train", "title": "To amend titles 23 and 49, United States Code, to improve the effectiveness of transportation programs on Federal lands and to provide funding for park roads and parkways and the Paul S. Sarbanes Transit in Parks Program, and for other purposes."} | 1,038 | 314 | 0.57653 | 1.781273 | 0.782146 | 3.982699 | 3.32872 | 0.875433 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Berry Amendment Extension Act''.
SEC. 2. BUY-AMERICAN REQUIREMENT IMPOSED ON DEPARTMENT OF HOMELAND
SECURITY; EXCEPTIONS.
(a) Requirement.--Except as provided in subsections (c) through
(e), funds appropriated or otherwise available to the Department of
Homeland Security may not be used for the procurement of an item
described in subsection (b) if the item is not grown, reprocessed,
reused, or produced in the United States.
(b) Covered Items.--An item referred to in subsection (a) is any of
the following, if the item is directly related to the national security
interests of the United States:
(1) An article or item of--
(A) clothing and the materials and components
thereof, other than sensors, electronics, or other
items added to, and not normally associated with,
clothing (and the materials and components thereof);
(B) tents, tarpaulins, or covers;
(C) cotton and other natural fiber products, woven
silk or woven silk blends, spun silk yarn for cartridge
cloth, synthetic fabric or coated synthetic fabric
(including all textile fibers and yarns that are for
use in such fabrics), canvas products, or wool (whether
in the form of fiber or yarn or contained in fabrics,
materials, or manufactured articles); or
(D) any item of individual equipment manufactured
from or containing such fibers, yarns, fabrics, or
materials.
(2) Specialty metals, including stainless steel flatware.
(3) Hand or measuring tools.
(c) Availability Exception.--Subsection (a) does not apply to the
extent that the Secretary of Homeland Security determines that
satisfactory quality and sufficient quantity of any such article or
item described in subsection (b)(1) or specialty metals (including
stainless steel flatware) grown, reprocessed, reused, or produced in
the United States cannot be procured as and when needed at United
States market prices.
(d) Exception for Certain Procurements Outside the United States.--
Subsection (a) does not apply to the following:
(1) Procurements by vessels in foreign waters.
(2) Emergency procurements or procurements of perishable
foods by an establishment located outside the United States for
the personnel attached to such establishment.
(e) Exception for Small Purchases.--Subsection (a) does not apply
to purchases for amounts not greater than the simplified acquisition
threshold referred to in section 2304(g) of title 10, United States
Code.
(f) Applicability to Contracts and Subcontracts for Procurement of
Commercial Items.--This section is applicable to contracts and
subcontracts for the procurement of commercial items notwithstanding
section 34 of the Office of Federal Procurement Policy Act (41 U.S.C.
430).
(g) Geographic Coverage.--In this section, the term ``United
States'' includes the possessions of the United States.
(h) Notification Required Within 7 Days After Contract Award If
Certain Exceptions Applied.--In the case of any contract for the
procurement of an item described in subsection (b)(1), if the Secretary
of Homeland Security applies an exception set forth in subsection (c)
with respect to that contract, the Secretary shall, not later than 7
days after the award of the contract, post a notification that the
exception has been applied on the Internet site maintained by the
General Services Administration known as FedBizOps.gov (or any
successor site).
(i) Training During Fiscal Year 2006.--
(1) In general.--The Secretary of Homeland Security shall
ensure that each member of the acquisition workforce in the
Department of Homeland Security who participates personally and
substantially in the acquisition of textiles on a regular basis
receives training during fiscal year 2006 on the requirements
of this section and the regulations implementing this section.
(2) Inclusion of information in new training programs.--The
Secretary shall ensure that any training program for the
acquisition workforce developed or implemented after the date
of the enactment of this Act includes comprehensive information
on the requirements described in paragraph (1).
(j) Consistency With International Agreements.--
(1) In general.--No provision of this Act shall apply to
the extent the Secretary of Homeland Security, in consultation
with the United States Trade Representative, determines that it
is in inconsistent with United States obligations under an
international agreement.
(2) Report.--The Secretary of Homeland Security shall
submit a report each year to Congress containing, with respect
to the year covered by the report--
(A) a list of each provision of this Act that did
not apply during that year pursuant to a determination
by the Secretary under paragraph (1); and
(B) a list of each contract awarded by the
Department of Homeland Security during that year
without regard to a provision in this Act because that
provision was made inapplicable pursuant to such a
determination.
(k) Effective Date.--This section applies with respect to contracts
entered into by the Department of Homeland Security after the date of
the enactment of this Act. | Berry Amendment Extension Act - Prohibits the Department of Homeland Security (DHS) from procuring specified covered items directly related to national security interests (including clothing, tents, or natural fiber products, specialty metals, or hand or measuring tools) that are not grown, reprocessed, reused, or produced in the United States, except to the extent satisfactory quality and sufficient quantity of any such product cannot be procured at U.S. market prices.
Makes additional exceptions for: (1) procurements by vessels in foreign waters; (2) emergency procurements or procurements of perishable foods by establishments located outside the United States for their personnel; and (3) purchases for amounts not greater than the simplified acquisition threshold ($100,000). Directs the Secretary to ensure that: (1) each member of the Department's acquisition workforce who regularly participates in textile acquisition receives training during FY2006 on this Act's requirements; and (2) any such training includes comprehensive information on such requirements. Makes this Act inapplicable to the extent that it is inconsistent with U.S. obligations under an international agreement. | {"src": "billsum_train", "title": "To prohibit the Department of Homeland Security from procuring certain items directly related to the national security unless the items are grown, reprocessed, reused, or produced in the United States."} | 1,123 | 234 | 0.657923 | 2.10157 | 0.954484 | 3.592233 | 4.966019 | 0.902913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Mortgage Capital
Availability Act of 1993''.
SEC. 2. INSURED DEPOSITORY INSTITUTION CAPITAL REQUIREMENTS FOR
TRANSFERS OF MORTGAGE LOANS.
(a) Accounting Principles.--The accounting principles applicable to
the transfer of a mortgage loan with recourse contained in reports or
statements required to be filed with Federal banking agencies by a
qualified insured depository institution shall be consistent with
generally accepted accounting principles.
(b) Capital and Reserve Requirements.--With respect to the transfer
of a mortgage loan with recourse that is a sale under generally
accepted accounting principles, each qualified insured depository
institution shall--
(1) establish and maintain a reserve equal to an amount
sufficient to meet the reasonable estimated liability of the
institution under the recourse arrangement; and
(2) treat as an asset (for purposes of applicable capital
standards and other capital measures, including risk-based
capital requirements) only the maximum amount at risk under the
recourse arrangement.
(c) Qualified Institutions Defined.--An insured depository
institution is a qualified insured depository institution for purposes
of this section if, without regard to the accounting principles or
capital requirements referred to in subsections (a) and (b), the
institution is--
(1) well capitalized; or
(2) with the approval, by regulation or order, of the
appropriate Federal banking agency, adequately capitalized.
(d) Aggregate Amount of Recourse.--The total outstanding amount at
risk with respect to transfers of mortgage loans under subsections (a)
and (b) (together with the amount at risk under any provisions of law
substantially similar to subsections (a) and (b)) shall not exceed--
(1) the amount which is equal to 15 percent of the risk-
based capital of the institution; or
(2) such greater amount, as established by the appropriate
Federal banking agency by regulation or order.
(e) Institutions That Cease To Be Qualified or Exceed Aggregate
Limits.--If an insured depository institution ceases to be a qualified
insured depository institution or exceeds the limits under subsection
(d), this section shall remain applicable to any transfer of mortgage
loans that occurred at a time when the institution was qualified and
had not exceeded such limit.
(f) Prompt Corrective Action not Affected.--The capital of an
insured depository institution shall be computed without regard to this
section in determining whether the institution is less than well
capitalized.
(g) Regulations Required.--Before the end of the 180-day period
beginning on the date of the enactment of this Act, each appropriate
Federal banking agency shall prescribe final regulations implementing
this section.
(h) Alternative System Permitted.--
(1) In general.--At the discretion of the appropriate
Federal banking agency, this section shall not apply if the
regulations of the agency provide that the aggregate amount of
capital and reserves required with respect to the transfer of
mortgage loans with recourse does not exceed the aggregate
amount of capital and reserves that would be required under
subsection (b).
(2) Existing transactions not affected.--Notwithstanding
paragraph (1), this section shall remain in effect with respect
to transfers of mortgage loans with recourse by qualified
insured depository institutions occurring before the effective
date of regulations referred to in paragraph (1).
(i) Definitions.--The following definitions apply for purposes of
this section:
(1) Adequately capitalized.--The term ``adequately
capitalized'' has the same meaning as in section 38(b) of the
Federal Deposit Insurance Act.
(2) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' has the same meaning as
in section 3 of the Federal Deposit Insurance Act.
(3) Capital standards.--The term ``capital standards'' has
the same meaning as in section 38(c) of the Federal Deposit
Insurance Act.
(4) Federal banking agencies.--The term ``Federal banking
agencies'' has the same meaning as in section 3 of the Federal
Deposit Insurance Act.
(5) Insured depository institution.--The term ``insured
depository institution'' has the same meaning as in section 3
of the Federal Deposit Insurance Act.
(6) Other capital measures.--The term ``other capital
measures'' has the same meaning as in section 38(c) of the
Federal Deposit Insurance Act.
(7) Recourse.--The term ``recourse'' has the meaning given
to such term under generally accepted accounting principles.
(8) Mortgage loan.--The term ``mortgage loan'' means any--
(A) note or certificate of interest or
participation in a note (including any rights designed
to assure servicing of, or the timeliness of receipt by
the holders of such notes, certificates, or
participation of amounts payable under such notes,
certificates or participation) that is principally
secured by an interest in real property; or
(B) any security (within the meaning of section 8
of the Securities Exchange Act of 1934) that is secured
by one or more notes described in subparagraph (A) or
certificates of interest or participation in such notes
(with or without recourse to issuers thereof) and that,
by its terms, provides for payments of principal in
relation to payments, or reasonable projections of
payments, on notes described in subparagraph (A) or
certificates of interest or participation in such
notes.
(9) Well capitalized.--The term ``well capitalized'' has
the same meaning as in section 38(b) of the Federal Deposit
Insurance Act.
SEC. 3. AMENDMENT TO DEFINITION OF MORTGAGE RELATED SECURITY.
Section 3(a)(41)(A)(i) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)(41)(A)(i)) is amended by inserting before the semicolon
``, or on 1 or more parcels of real estate upon which is located one or
more commercial structures''.
SEC. 4. AUTHORITY TO EXEMPT COMMERCIAL MORTGAGE RELATED SECURITIES
TRANSACTIONS FROM PROHIBITED TRANSACTION RULES.
The Secretary of Labor, in consultation with the Secretary of the
Treasury, shall exempt, either unconditionally or on stated terms and
conditions, transactions involving commercial mortgage related
securities (as such term is defined in section 3(a)(41) of the
Securities Exchange Act of 1934, as amended by section 3 of this Act)
from--
(1) the restrictions of sections 406(a) and 407(a) of the
Employee Retirement Income Security Act of 1974; and
(2) the taxes imposed under section 4975 of the Internal
Revenue Code of 1986.
SEC. 5. PROVISIONS TO SAFEGUARD THE INTEGRITY OF THE SECURITIZATION
PROCESS, AND THE SAFETY AND SOUNDNESS OF FEDERALLY
INSURED INSTITUTIONS.
(a) Compliance With Securities Regulations.--Any security relying
on the provisions of this Act shall comply with all rules and
regulations of Federal securities laws applicable thereto, as
determined taking into account the provisions of this Act, including
all provisions relating to required disclosure to investors,
registrations, reporting and compliance, and all anti-fraud provisions.
(b) Treatment of Bank Issued or Purchased Mortgage Backed
Securities for Purposes of Minimum Capital Requirements.--
(1) Mortgages held by bank to back securities.--If an issue
of securities backed by mortgage loans represents a liability
on the balance sheet of an insured depository institution and
the assets backing such obligation represent assets on the
balance sheet of such institution, the institution shall
maintain minimum adequate capital with regard to such assets as
prescribed by all applicable rules and regulations of the
banking agencies with supervisory and examination authority
over such institution, as determined taking into account the
provisions of this Act.
(2) Securities held by bank.--If an insured depository
institution purchases a mortgage-related security to which the
provisions of this Act apply, the institution shall maintain
minimum adequate capital with respect to such security and all
other assets as prescribed by all applicable rules and
regulations of the banking agencies with supervisory and
examination authority over such institution, as determined
taking into account the provisions of this Act. | Commercial Mortgage Capital Availability Act of 1993 - Sets forth a regulatory scheme under which qualified insured depository institutions meeting prescribed reserve and capital requirements may execute mortgage loan transfers with a recourse arrangement.
Amends the Securities Exchange Act of 1934 to modify the definition of "mortgage related security" to include notes directly secured by a first lien on real estate with commercial structures located upon it (thus bringing such securities within the purview of the Act).
Directs the Secretary of Labor to exempt commercial mortgage related securities transactions from: (1) certain restrictions of the Employee Retirement Income Security Act of 1974; and (2) certain taxes imposed under the Internal Revenue Code.
Mandates that securities relying on the provisions of this Act comply with all Federal securities laws relating to disclosure to investors, registrations, reporting and anti-fraud provisions.
Requires insured depository institutions to maintain the minimum adequate capital prescribed by regulatory banking agencies when executing mortgage backed securities transactions. | {"src": "billsum_train", "title": "Commercial Mortgage Capital Availability Act of 1993"} | 1,819 | 205 | 0.520695 | 1.46448 | 0.720174 | 2.661202 | 8.73224 | 0.857923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Protective Service Reform
and Enhancement Act''.
SEC. 2. AUTHORIZATION OF FEDERAL PROTECTIVE SERVICE.
(a) Authorization.--Title II of the Homeland Security Act of 2002
(6 U.S.C. 121 et seq.) is amended by adding at the end the following:
``Subtitle E--Federal Protective Service
``SEC. 241. AUTHORIZATION OF FEDERAL PROTECTIVE SERVICE.
``(a) Authorization.--There shall be in the Department the Federal
Protective Service.
``(b) Director.--There shall be a Director of the Federal
Protective Service, who shall report to the Under Secretary responsible
for critical infrastructure protection.
``(c) Duties and Authorities of the Director.--
``(1) In general.--The Director shall be responsible for
the management and administration of the Federal Protective
Service and the employees and programs of the Federal
Protective Service.
``(2) Mission.--The Director shall endeavor to secure all
facilities and surrounding Federal property under the
protection of the Federal Protective Service, and safeguard all
occupants thereof, including Federal employees, officers, and
visitors.
``(3) Enforcement policy.--The Director shall establish and
direct the implementation of the policies of the Federal
Protective Service, and advise the Under Secretary responsible
for critical infrastructure protection on policy matters
relating to the protection of facilities.
``(4) Training.--The Director shall establish a training
program for all employees of the Federal Protective Service,
and all security guards hired by the Federal Protective Service
by contract, with responsibilities for carrying out the mission
of the Director under paragraph (2).
``(5) Personnel.--The Director shall make recommendations
for staffing and training necessary to ensure security for
Federal facilities protected by the Federal Protective Service.
``(6) Information sharing.--The Director shall ensure
effective coordination and liaison with other Federal law
enforcement agencies and State and local law enforcement
agencies regarding threats to facilities protected by the
Federal Protective Service and shall share information and
intelligence regarding such threats in a timely manner through
the Regional Information Sharing Plan and the Homeland Secure
Data Network.
``(7) Security assessments.--The Director shall--
``(A) conduct a security risk assessment for each
Federal facility protected by the Federal Protective
Service; and
``(B) inspect and patrol such facilities on a
recurring basis for the purpose of detecting and
determining terrorist or criminal activity and
determining compliance with Federal security standards
and making appropriate risk mitigation recommendations
to devalue any such facility as a terrorist target.
``(8) Emergency preparedness assistance.--The Director
shall--
``(A) ensure each facility protected by the Federal
Protective Service has adequate plans for emergency
situations;
``(B) provide technical assistance to agencies that
are the tenant of a facility protected by the Federal
Protective Service in developing plans described in
subparagraph (A); and
``(C) ensure plans described in subparagraph (A)
are carried out using standards established by the
Interagency Security Committee.
``(9) Security countermeasures.--The Director shall ensure
and supervise the effective design, installation, maintenance,
and operation of security countermeasures (including contract
guards, electronic physical security systems, and weapons and
explosives screening devices) for facilities protected by the
Federal Protective Service.
``(10) Suitability of guards.--The Director shall ensure
that--
``(A) background investigations are conducted for
contract guards and building service contractors
employed at facilities protected by the Federal
Protective Service; and
``(B) each contract guard and building service
contractor is suitable for work in a facility protected
by the Federal Protective Service before being granted
unescorted or recurring access.
``(11) Terrorism prevention.--The Secretary shall ensure
security personnel are provided training in terrorism
prevention, including dispatching of canine bomb detection
teams.
``(d) Risk Management.--The Under Secretary of the Department who
is responsible for critical infrastructure protection shall manage risk
by utilizing and maintaining a risk assessment tool and centralized
database in order to at a minimum--
``(1) conduct facility security risk assessments;
``(2) track contract guard posts; and
``(3) validate contract guard certifications.
``SEC. 242. REPORT ON MINIMUM FULL-TIME EQUIVALENT EMPLOYEE
REQUIREMENTS.
``The Secretary shall submit an annual report to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate that provides
estimates of staffing needs of the Federal Protective Service for the
5-year period beginning on the date of submission of the report,
including the number of full-time equivalent employees necessary to
fulfill the mission of the Federal Protective Service.
``SEC. 243. OVERSIGHT OF CONTRACT GUARD SERVICES.
``(a) Armed Guard Training Requirements.--
``(1) Establishment.--Not later than 90 days after the date
of enactment the Federal Protective Service Reform and
Enhancement Act the Director shall establish minimum training
and annual certification requirements for all contract guards
procured by the Federal Protective Service.
``(2) Requirements.--Training requirements under this
subsection shall include--
``(A) at least 16 hours of instruction dedicated to
x-ray and magnetometer training provided by the Federal
Protective Service before an armed guard may stand post
in a facility employing x-rays or a magnetometer; and
``(B) regular and recurring training in--
``(i) arrest and control procedures;
``(ii) weapons training if necessary;
``(iii) operation of emergency equipment;
``(iv) access control; and
``(v) cardiopulmonary resuscitation and
basic first aid.
``(b) Training and Security Assessment Program.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Federal Protective Service Reform and
Enhancement Act, the Director shall establish a program to
periodically assess--
``(A) the training of contract guards for the
security and protection of facilities protected by the
Federal Protective Service; and
``(B) the security of facilities protected by the
Federal Protective Service.
``(2) Program.--The program under this subsection shall
include an assessment of--
``(A) methods to test the training and
certifications of guards;
``(B) procedures for taking personnel actions
against, or for providing recommendations regarding,
individuals; and
``(C) a covert testing program, that shall be
conducted without prior notice to the facility
concerned and in a manner that does not affect the
security or safety of the property or employees, in
order to evaluate--
``(i) the ability of the Federal Protective
Service security and contract guards to prevent
an incident that applicable security
performance standards are intended to prevent;
and
``(ii) any weaknesses in the security plan
of a facility.
``(3) Reports.--The Secretary shall annually submit a
report to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, in a classified manner, if
necessary, on the results of the assessment of the overt and
covert testing program of the Federal Protective Service.
``SEC. 244. STRATEGIC PLAN REQUIREMENT.
``(a) In General.--Not later than 180 days after the date of
enactment of the Federal Protective Service Reform and Enhancement Act,
the Secretary shall submit to Congress a 5-year budget outlook and
strategic plan for the Federal Protective Service that includes the
following:
``(1) Estimates of staffing and associated costs the
Federal Protective Service requires in order to provide
counterterrorism and homeland security functions.
``(2) Estimates of staffing and associated costs the
Federal Protective Service requires in order to assess the need
for and, as appropriate, provide building-specific security
countermeasures.
``(3) Estimates of staffing and associated cost the Federal
Protective Service requires for reimbursable agency-specific
security work authorization functions.
``(4) Reviews of the performance of contractor-provided
security guards that assess both quality and cost of individual
private contract guard providers performing Federal Protective
Service guard functions under contract.
``(b) Updates.--The Secretary shall include an annual update of
such plan with the President's annual budget submission to the
Congress.
``SEC. 245. PROMOTION OF FEDERAL PROTECTIVE SERVICE TECHNOLOGY AND
TRAINING.
``(a) In General.--Within 6 months after the date of enactment of
the Federal Protective Service Reform and Enhancement Act, the Director
of the Federal Protective Service, in consultation with the
Administrator for the Transportation Security Administration, shall
publish--
``(1) a list of qualified vendors and a list of qualified
products that would promote common standards of deployment of
personnel and technology;
``(2) procedures and requirements for the proper
administration of the list of qualified vendors and the list of
qualified products as appropriate on a periodic basis,
including--
``(A) requirements for qualification for inclusion
on a list;
``(B) review of such lists at least annually; and
``(C) addition of new qualified vendors and
products to such lists removal of any vendors and
products that no longer meet the qualification
requirements; and
``(3) best practices for utilizing items on the qualified
products list so they are utilized in the most effective
manner, including a process to best utilize existing products
currently deployed.
``(b) Application to Procurements.--
``(1) In general.--After the publication of the qualified
vendors list and the qualified products list under subsection
(a), the Federal Protective Service may not enter into any
contractual arrangement for services or products covered by
such lists--
``(A) with any person that is not included on the
qualified vendors list;
``(B) for procurement of any product that is not
included on the qualified products list; or
``(C) under which a subcontract may be awarded to a
person that is not included on the qualified vendors
list.
``(2) Limitation on application.--
``(A) In general.--Paragraph (1) shall not apply to
any contract the Director of the Federal Protective
Service determines is of a class of contracts that is
not inherent to the security missions of the Federal
Protective Service or otherwise conflicts with Federal
or State law.
``(B) Notification to congress.--The Director shall
notify the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate in
writing within 30 days after determining for purposes
of subparagraph (A) any class of contracts that is not
inherent to the security missions of the Federal
Protective Service.
``(c) Cooperative Agreement.--Within 6 months after the date of
enactment of the Federal Protective Service Reform and Enhancement Act,
the Secretary of Homeland Security shall require the Assistant
Secretary of the Transportation Security Administration, the Under
Secretary for Science and Technology, and the Under Secretary
responsible for critical infrastructure protection to enter into a
memorandum of understanding pursuant to which the Transportation
Security Laboratory will provide the Federal Protective Service with
expertise, consultation, exchange of information, and testing for
technology covered by the qualified vendors list and the qualified
products list required by this section.
``SEC. 246. PROHIBITED ITEMS LIST.
``(a) In General.--
``(1) List of prohibited items.--Not later than the end of
the 180-day period beginning on the date of enactment of the
Federal Protective Service Reform and Enhancement Act, the
Secretary, acting through the Under Secretary responsible for
critical infrastructure protection, shall issue and implement a
list of items, including component parts, that are prohibited
from being brought into facilities protected by the Federal
Protective Service, unless an exemption is granted under
paragraph (2).
``(2) Exemptions and exceptions.--An exemption or exception
to the list of prohibited items under paragraph (1) may be
granted that is temporary and effective for a specific period
of time, or is permanent until rescinded, by--
``(A) the Secretary; or
``(B) the Director of the Federal Protective
Service or the Facility Security Committee for the
Federal facility, if authorized by the Secretary.
``(b) Additional Items.--Nothing in this section prohibits a
facility security committee from prohibiting items that are not
included on such list from being brought into the facility of that
committee.
``(c) Failure To Issue List.--If the Secretary fails to implement a
prohibited items list in accordance with subsection (a), then the
prohibited items list established by the Transportation Security
Administration for civilian aviation shall apply for facilities
protected by the Federal Protective Service--
``(1) effective upon expiration of the period referred to
in subsection (a); and
``(2) until such time as the Secretary, acting through the
Under Secretary responsible for critical infrastructure
protection, issues a prohibited items list described in
subsection (a).
``(d) Facility Security Committee Defined.--In this section the
term `facility security committee' means a facility security committee
established pursuant to the report entitled `Vulnerability Assessment
of Federal Facilities', issued by the Interagency Security Committee
established by Executive Order 12977.''.
(b) Clerical Amendment.--The table of contents in section 2 of such
Act is amended by adding at the end of the items relating to title II
the following:
``Subtitle E--Federal Protective Service
``Sec. 241. Authorization of Federal Protective Service.
``Sec. 242. Report on minimum full-time equivalent employee
requirements.
``Sec. 243. Oversight of contract guard services.
``Sec. 244. Strategic plan requirement.
``Sec. 245. Promotion of Federal Protective Service technology and
training.
``Sec. 246. Prohibited items list.''.
SEC. 3. FEDERAL PROTECTIVE SERVICE AUTHORITY TO CARRY OUT
COUNTERTERRORISM AND HOMELAND SECURITY FUNCTIONS.
Section 1315(a) of title 40, United States Code, is amended by--
(1) striking ``(a) In General.--'' and inserting the
following:
``(a) In General.--
``(1) Protection of facilities.--For each Federal facility
not subject to security requirements under Federal laws or
regulations, the Secretary, acting through the Federal
Protective Service shall have the primary authority in the
executive branch for implementing counterterrorism and homeland
security functions to secure any building and all Federal
property located in or on a facility, that is owned, occupied,
or secured by any component of the Federal Government.
``(2) Agreements with other law enforcement authorities.--
Nothing in this subsection shall prevent the Federal Protective
Service from entering into agreements with other Federal,
State, or local law enforcement authorities to provide security
or respond to incidents on property that is owned, occupied, or
secured by the Federal Government.''.
SEC. 4. REPORT REQUIREMENT.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to Congress the following:
(1) A strategy for more effectively managing the contract
guard program of the Federal Protective Service that ensures
there is adequate oversight and monitoring of training for such
program.
(2) A coordinated strategy for cooperation between the
Under Secretary responsible for critical infrastructure
protection and the Under Secretary for Science and Technology
regarding research, development, and deployment of security
technology conducted by the Transportation Security Laboratory.
(3) A report on retention rates within the Federal
Protective Service contract guard workforce, including an
assessment of how the retention rate affects the costs and
operations of the Federal Protective Service and the security
of facilities. | Federal Protective Service Reform and Enhancement Act - Revises provisions governing the Federal Protective Service (FPS) in the Department of Homeland Security (DHS) (currently, FPS is a component of of the National Protection and Programs Directorate of DHS). Declares FPS's mission to be to secure all facilities and surrounding federal property under its protection and to safeguard all occupants.
Requires the Director of FPS to: (1) report to the Under Secretary responsible for critical infrastructure; (2) establish a training program for all FPS employees and security guards hired by contract; (3) ensure effective coordination and liaison with other law enforcement agencies regarding threats to FPS-protected facilities; (4) conduct a security risk assessment for each such facility; (5) inspect and patrol such facilities for the purpose of detecting terrorist or criminal activity and determining compliance with federal security standards; (6) ensure that each facility has and carries out adequate plans for emergency situations; (7) ensure the effective operation of security countermeasures for such facilities; and (8) ensure that background investigations are conducted for contract guards and building service contractors.
Directs the Secretary of DHS to: (1) ensure that security personnel are provided training in terrorism prevention, (2) report annually with estimates of FPS staffing needs for the next five-year period, and (3) submit a five-year budget outlook and strategic plan for FPS.
Directs the Under Secretary to: (1) manage risk by utilizing and maintaining a risk assessment tool and centralized database in order to conduct facility security risk assessments, track contract guard posts, and validate contract guard certifications; and (2) issue and implement a list of items, including component parts, that are prohibited from being brought into facilities protected by FPS unless an exemption is granted.
Requires the Director to: (1) establish minimum training and annual certification requirements for all FPS contract guards; (2) establish a program to periodically assess such training and the security of FPS-protected facilities; and (3) publish a list of qualified vendors and qualified products that would promote common standards of deployment of personnel and technology, procedures and requirements for the proper administration of such list, and best practices for utilizing such products.
Gives the Secretary, acting through FPS, primary authority in the executive branch for implementing counterterrorism and homeland security functions to secure any building and all federal property located in or on a facility that is owned, occupied, or secured by any component of the federal government.
Directs the Secretary to submit: (1) a strategy for more effectively managing the contract guard program; (2) a coordinated strategy for cooperation between the Under Secretary responsible for critical infrastructure protection and the Under Secretary for Science and Technology regarding research, development, and deployment of security technology conducted by the Transportation Security Laboratory; and (3) a report on retention rates within the FPS contract guard workforce. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to enhance the ability of the Federal Protective Service to provide adequate security for the prevention of terrorist activities and for the promotion of homeland security, and for other purposes."} | 3,518 | 603 | 0.631859 | 1.953911 | 0.766638 | 4.480565 | 5.80212 | 0.943463 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Housing Credit
Improvement Act of 2016''.
SEC. 2. INCREASES IN STATE ALLOCATIONS.
(a) Phase-In of Increases.--
(1) In general.--Clause (ii) of section 42(h)(3)(C) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``$1.75'' in subclause (I) and
inserting ``the per capita dollar amount'', and
(B) by striking ``$2,000,000'' in subclause (II)
and inserting ``the minimum ceiling amount''.
(2) Per capita dollar amount; minimum ceiling amount.--
Subparagraph (I) of section 42(h)(3) of such Code is amended to
read as follows:
``(I) Per capita dollar amount; minimum ceiling
amount.--For purposes of this paragraph--
``(i) Per capita dollar amount.--The per
capita dollar amount is--
``(I) for calendar year 2016,
$2.35,
``(II) for calendar year 2017,
$2.59,
``(III) for calendar year 2018,
$2.82,
``(IV) for calendar year 2019,
$3.06,
``(V) for calendar year 2020,
$3.29, and
``(VI) $3.53 thereafter.
``(ii) Minimum ceiling amount.--The minimum
ceiling amount is--
``(I) for calendar year 2016,
$2,690,000,
``(II) for calendar year 2017,
$2,959,000,
``(III) for calendar year 2018,
$3,228,000,
``(IV) for calendar year 2019,
$3,497,000,
``(V) for calendar year 2020,
$3,766,000, and
``(VI) $4,035,000 thereafter.''.
(3) Modification of cost-of-living adjustment.--
Subparagraph (H) of section 42(h)(3) of such Code is amended--
(A) by striking ``2002'' in clause (i) and
inserting ``2016'',
(B) by striking ``the $2,000,000 and $1.75 amounts
in subparagraph (C)'' in clause (i) and inserting ``the
dollar amounts applicable to such calendar year under
clauses (i) and (ii) of subparagraph (I)'',
(C) by striking ``2001'' in clause (i)(II) and
inserting ``2015'',
(D) by striking ``$2,000,000'' in clause (ii)(I)
and inserting ``minimum ceiling'', and
(E) by striking ``$1.75'' in clause (ii)(II) and
inserting ``per capita dollar''.
(4) Effective date.--The amendments made by this subsection
shall apply to calendar years beginning after December 31,
2016.
(b) Permanent Increases.--
(1) In general.--Clause (ii) of section 42(h)(3)(C) of the
Internal Revenue Code of 1986, as amended by subsection (a)(1),
is amended--
(A) by striking ``the per capita dollar amount'' in
subclause (I) and inserting ``$3.53'', and
(B) by striking ``the minimum ceiling amount'' in
subclause (II) and inserting ``$4,035,000''.
(2) Conforming amendment.--Paragraph (3) of section 42(h)
of such Code is amended by striking subparagraph (I), as
amended by subsection (a)(2).
(3) Cost-of-living adjustment.--Subparagraph (H) of section
42(h)(3) of such Code, as amended by subsection (a)(3), is
amended--
(A) by striking ``the dollar amounts applicable to
such calendar year under clauses (i) and (ii) of
subparagraph (I)'' in clause (i) and inserting ``the
$4,035,000 and $3.53 amounts in subparagraph (C)'',
(B) by striking ``minimum ceiling'' in clause
(ii)(I) and inserting ``$4,035,000'', and
(C) by striking ``per capita dollar'' in clause
(ii)(II) and inserting ``$3.53''.
(4) Effective date.--The amendments made by this subsection
shall apply to calendar years beginning after December 31,
2021.
SEC. 3. AVERAGE INCOME TEST.
(a) In General.--Paragraph (1) of section 42(g) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``subparagraph (A) or (B)'' and inserting
``subparagraph (A), (B), or (C)'', and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Average income test.--
``(i) In general.--The project meets the
minimum requirements of this subparagraph if 40
percent or more (25 percent or more in the case
of a project described in section 142(d)(6)) of
the residential units in such project are both
rent-restricted and occupied by individuals
whose income does not exceed the imputed income
limitation designated by the taxpayer with
respect to the respective unit.
``(ii) Special rules relating to income
limitation.--For purposes of clause (i)--
``(I) Designation.--The taxpayer
shall designate the imputed income
limitation of each unit taken into
account under such clause.
``(II) Average test.--The average
of the imputed income limitations
designated under subclause (I) shall
not exceed 60 percent of area median
gross income.
``(III) 10-percent increments.--The
designated imputed income limitation of
any unit under subclause (I) shall be
20 percent, 30 percent, 40 percent, 50
percent, 60 percent, 70 percent, or 80
percent of area median gross income.''.
(b) Conforming Amendments.--Subparagraph (C) of section 42(g)(2) of
the Internal Revenue Code of 1986 is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively, and by moving such subclauses 2 ems to
the right,
(2) by moving the flush language 2 ems to the right,
(3) by striking ``For purposes of this paragraph, the'' and
inserting ``For purposes of this paragraph--
``(i) General rule.--Except as provided in
clause (ii), the'', and
(4) by adding at the end the following new clause:
``(ii) Special rule for average income
test.--In the case of a project with respect to
which the taxpayer elects the requirements of
subparagraph (C) of paragraph (1), the imputed
income limitation applicable to a unit is the
imputed income limitation designated with
respect to such unit under paragraph
(1)(C)(ii)(I).''.
(c) Effective Date.--The amendments made by this section shall
apply to elections made under section 42(g)(1) of the Internal Revenue
Code of 1986 after the date of the enactment of this Act.
SEC. 4. MINIMUM CREDIT RATE.
(a) In General.--Subsection (b) of section 42 of the Internal
Revenue Code of 1986 is amended--
(1) by redesignating paragraph (3) as paragraph (4), and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Minimum credit rate.--In the case of any new or
existing building to which paragraph (2) does not apply and
which is placed in service by the taxpayer after December 31,
2015, the applicable percentage shall not be less than 4
percent.''.
(b) Effective Date.--The amendments made by this section shall
apply to buildings placed in service after December 31, 2015. | Affordable Housing Credit Improvement Act of 2016 This bill amends the Internal Revenue Code, with respect to the low-income housing tax credit, to: (1) expand the credit by increasing the state housing credit ceiling, (2) modify the cost-of-living adjustment required for the state housing credit ceiling, (3) establish a new average income test which may be used to determine if a low-income housing project qualifies for the credit, and (4) establish a minimum credit rate of 4% for certain new or existing buildings. | {"src": "billsum_train", "title": "Affordable Housing Credit Improvement Act of 2016"} | 1,811 | 108 | 0.486429 | 1.122571 | 0.277837 | 1.740741 | 14.759259 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``10 Million Solar Roofs Act of
2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible participant.--The term ``eligible
participant'' means--
(A) an owner of a home;
(B) a business entity;
(C) a local educational agency; and
(D) any other individual or entity that the
Secretary determines to be appropriate.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) Installed nameplate capacity.--The term ``installed
nameplate capacity'' means the maximum output of a solar
electric system under specific conditions designated by the
manufacturer of the solar electric system.
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(6) Solar energy system.--The term ``solar energy system''
means rooftop- or ground-mounted solar equipment--
(A) that is used to generate electricity or heat
water; and
(B) with an installed nameplate capacity not
exceeding 1 megawatt or the thermal equivalent of 1
megawatt.
SEC. 3. REBATES, LOANS, AND OTHER INCENTIVES FOR PURCHASE AND
INSTALLATION OF SOLAR ENERGY SYSTEMS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall establish a program under which the
Secretary shall provide competitive grants to States, Indian tribes,
and local governments to provide rebates, loans, or other incentives to
eligible participants for the purchase and installation of solar energy
systems for properties located in the United States.
(b) Implementation.--
(1) Competitive grants.--
(A) In general.--For each fiscal year, the
Secretary shall provide competitive grants to States,
Indian tribes, and local governments to be used in
accordance with this section.
(B) Requirements.--The Secretary shall adopt and
implement criteria for awarding competitive grants
under subparagraph (A) to States, Indian tribes, and
local governments that would--
(i) provide the maximum leverage of Federal
funds;
(ii) provide for the maximum deployment of
solar energy;
(iii) ensure that grants are awarded to a
diversity of geographic locations and
recipients with different population sizes;
(iv) provide not less than 2 percent of the
funds available to Indian tribes and consortia
of Indian tribes; and
(v) provide a preference for grant
recipients that have established and
maintained, or agree to commit to establish and
maintain, standards and policies to overcome
barriers to distributed generation (including
interconnection and net metering) in a manner
consistent with the legal authorities of the
grant recipient.
(2) Authorized use of funds.--Subject to subsection (c),
competitive grants provided under this section may be used to
expand an existing, or establish and fund a new--
(A) solar rebate program;
(B) solar loan program;
(C) solar performance-based incentive program; or
(D) solar incentive program, solar deployment
program or project, or innovative solar financing
program not described in subparagraphs (A) through (C),
as determined by the Secretary.
(3) Program requirements.--For each fiscal year during
which a grant recipient uses funds provided under this section,
the grant recipient shall--
(A) certify to the Secretary that the funds will be
used--
(i) to supplement, expand, or create new
programs or projects and will not supplant
existing programs as to maximize program
participation; and
(ii) to deploy an increased quantity of
solar energy systems; and
(B) submit to the Secretary an implementation plan
that contains--
(i) projections for solar energy systems
deployment;
(ii) data regarding the number of eligible
participants that are assisted under existing
applicable State and local programs; and
(iii) projections for--
(I) additional solar energy system
deployment; and
(II) the number of additional
eligible participants who will be
covered by the annual implementation
plan.
(c) Solar Energy System.--With respect to grant awards in any
fiscal year under this section, the Secretary may specify the type and
capacity of the solar energy system and type of deployment or incentive
program for which the grant funds are made available.
(d) Non-Federal Share.--Each eligible entity that receives funds
under this section shall be responsible for an amount equal to 20
percent of the amount of the provided funds.
(e) Administrative Expenses.--
(1) In general.--Not more than 5 percent of the amounts
made available for each fiscal year under this section may be
used to pay the administrative expenses of the Department of
Energy that the Secretary determines to be necessary to carry
out this Act (including expenses arising from monitoring and
evaluation).
(2) Eligible entities; other grant recipients.--Grant
recipients may use amounts made available for each fiscal year
under this section to pay for administrative expenses in
accordance with section 545(b)(3)(A) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17155(b)(3)(A)).
(f) Relationship to Other Law.--An eligible participant that
receives a rebate under this section shall not be eligible for a rebate
under section 206(c) of the Energy Policy Act of 2005 (42 U.S.C.
15853).
(g) Coordination; Consultation.--To the maximum extent practicable,
the Secretary shall consult with the Secretary of the Treasury and the
Chief Executive of each grant recipient that receives funds under this
section to ensure that each program carried out by each grant recipient
through the use of the funds is coordinated with each other applicable
incentive or financing program of the Federal Government or any other
applicable program.
(h) Maximum Incentive.--
(1) In general.--With respect to each rebate, grant, and
tax credit provided to an eligible participant under this
section, the aggregate value of the grants, rebates, and tax
credits may not exceed 50 percent of the cost to the purchaser
of the purchase and installation of the solar energy system.
(2) Effect.--Nothing in this subsection affects any solar
loan or financing program under this section or any other law
(including regulations).
(i) Goal.--It is the goal of the United States, through this Act
and any appropriate incentive or research and development program, to
install distributed solar energy systems on not less than 10,000,000
properties located in the United States by December 31, 2021.
(j) Report Regarding Additional Recommendations.--Not later than
270 days after the date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report that contains additional recommendations that
the Secretary determines to be necessary to achieve the goal described
in subsection (i), including any modification to the program
established under subsection (a).
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) for fiscal year 2012, $250,000,000; and
(2) for each of fiscal years 2013 through 2021, such sums
as are necessary. | 10 Million Solar Roofs Act of 2010 - Directs the Secretary of Energy (DOE) to establish a program under which the Secretary shall provide competitive grants to states, Indian tribes, and local governments to provide rebates, loans, or other incentives to eligible participants for the purchase and installation of solar energy systems for properties located in the United States.
Requires the Secretary to implement specified criteria for awarding such grants that includes: (1) providing the maximum leverage of federal funds; (2) providing for the maximum deployment of solar energy; and (3) ensuring that grants are awarded to a diversity of geographic locations and recipients with different population sizes.
Authorizes the use of funds received to expand or establish a solar rebate program, a solar loan program, a solar performance-based incentive program, or another solar incentive program, solar deployment program or project, or innovative solar financing program as determined by the Secretary. Requires a grant recipient to: (1) certify that funds will be used to supplement, expand, or create new programs and to deploy an increased quantity of solar energy systems; and (2) submit to the Secretary an implementation plan that contains projections for solar energy systems deployment, data regarding the number of eligible participants that are assisted under existing applicable state and local programs, and projections for additional solar energy system deployment and the number of additional eligible participants covered.
Authorizes the Secretary to specify the type and capacity of solar energy system and type of deployment or incentive program for which the grant funds are made available. Makes each eligible entity receiving funds responsible for 20% of the amount of the provided funds.
Provides that a participant who receives a rebate under this Act shall not be eligible for a rebate for expenditures for installation of a renewable energy system in connection with a dwelling unit or small business under the Energy Policy Act of 2005.
Limits the aggregate value of the grants, rebates, and tax credits provided to an eligible participant to 50% of the cost to the purchaser of the purchase and installation.
Sets a goal of installing distributed solar energy systems on not less than 10 million properties located in the United States by December 31, 2021. | {"src": "billsum_train", "title": "To require the Secretary of Energy to provide competitive grants to States, Indian tribes, and local governments for rebates, loans, and other incentives to eligible individuals or entities for the purchase and installation of solar energy systems for properties located in the United States, and for other purposes."} | 1,655 | 446 | 0.640717 | 1.911616 | 0.804302 | 5.191489 | 3.605201 | 0.931442 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Samaritan Health Professionals
Act of 2014''.
SEC. 2. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
PROFESSIONALS.
(a) In General.--Title II of the Public Health Service Act (42
U.S.C. 202 et seq.) is amended by inserting after section 224 the
following:
``SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
PROFESSIONALS.
``(a) Limitation on Liability.--Except as provided in subsection
(b), a health care professional shall not be liable under Federal or
State law for any harm caused by an act or omission of the professional
if--
``(1) the professional is serving as a volunteer for
purposes of responding to a disaster; and
``(2) the act or omission occurs--
``(A) during the period of the disaster, as
determined under the laws listed in subsection (f)(1);
``(B) in the health care professional's capacity as
such a volunteer; and
``(C) in a good faith belief that the individual
being treated is in need of health care services.
``(b) Exceptions.--Subsection (a) does not apply if--
``(1) the harm was caused by an act or omission
constituting willful or criminal misconduct, gross negligence,
reckless misconduct, or a conscious flagrant indifference to
the rights or safety of the individual harmed by the health
care professional; or
``(2) the health care professional rendered the health care
services under the influence (as determined pursuant to
applicable State law) of intoxicating alcohol or an
intoxicating drug.
``(c) Standard of Proof.--In any civil action or proceeding against
a health care professional claiming that the limitation in subsection
(a) applies, the plaintiff shall have the burden of proving by clear
and convincing evidence the extent to which limitation does not apply.
``(d) Preemption.--
``(1) In general.--This section preempts the laws of a
State or any political subdivision of a State to the extent
that such laws are inconsistent with this section, unless such
laws provide greater protection from liability.
``(2) Volunteer protection act.--Protections afforded by
this section are in addition to those provided by the Volunteer
Protection Act of 1997.
``(e) Rule of Construction.--Nothing in this section shall supplant
any other provision of Federal, State, local, or tribal law that
establish liability schemes or liability protections that exceed those
provided by this section, including without limitation the provisions
of chapter 171 of title 28, United States Code (commonly known as the
Federal Tort Claims Act).
``(f) Definitions.--In this section:
``(1) The term `disaster' means--
``(A) a national emergency declared by the
President under the National Emergencies Act;
``(B) an emergency or major disaster declared by
the President under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act; or
``(C) a public health emergency determined by the
Secretary under section 319 of this Act.
``(2) The term `harm' includes physical, nonphysical,
economic, and noneconomic losses.
``(3) The term `health care professional' means an
individual who is licensed, certified, or authorized in one or
more States to practice a health care profession.
``(4) The term `State' includes each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Northern Mariana
Islands, and any other territory or possession of the United
States.
``(5)(A) The term `volunteer' means a health care
professional who, with respect to the health care services
rendered, does not receive--
``(i) compensation; or
``(ii) any other thing of value in lieu of
compensation, in excess of $500 per year.
``(B) For purposes of subparagraph (A), the term
`compensation'--
``(i) includes payment under any insurance policy
or health plan, or under any Federal or State health
benefits program; and
``(ii) excludes--
``(I) reasonable reimbursement or allowance
for expenses actually incurred;
``(II) receipt of paid leave; and
``(III) receipt of items to be used
exclusively for rendering the health services
in the health care professional's capacity as a
volunteer described in subsection (a)(1).''.
(b) Effective Date.--
(1) In general.--This Act and the amendment made by
subsection (a) shall take effect 90 days after the date of the
enactment of this Act.
(2) Application.--This Act applies to any claim for harm
caused by an act or omission of a health care professional
where the claim is filed on or after the effective date of this
Act, but only if the harm that is the subject of the claim or
the conduct that caused such harm occurred on or after such
effective date. | Good Samaritan Health Professionals Act of 2014 - Amends the Public Health Service Act to shield a health care professional from liability under federal or state law for harm caused by any act or omission if: (1) the professional is serving as a volunteer in response to a disaster; and (2) the act or omission occurs during the period of the disaster, in the professional's capacity as such a volunteer, and in a good faith belief that the individual being treated is in need of health care services. Makes exceptions where: (1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed; or (2) the professional rendered the health care services under the influence of intoxicating alcohol or an intoxicating drug. Declares that, nothing in this Act shall supplant any other provision of federal, state, local, or tribal law that establish liability schemes or liability protections that exceed those provided by this Act, including without limitation the Federal Tort Claims Act. | {"src": "billsum_train", "title": "Good Samaritan Health Professionals Act of 2014"} | 1,167 | 244 | 0.727068 | 2.273894 | 0.79674 | 6.312796 | 5.052133 | 0.947867 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meeting the Housing and Service
Needs of Seniors Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The senior population (persons 65 or older) in this
country is rapidly growing, and is expected to increase from
34,700,000 in 2000 to nearly 40,000,000 by 2010, and then will
dramatically increase to over 50,000,000 by 2020.
(2) By 2020, the population of ``older'' seniors, those
over age 85, is expected to double to 7,000,000, and then
double again to 14,000,000 by 2040.
(3) As the senior population increases, so does the need
for additional safe, decent, affordable, and suitable housing
that meets their unique needs.
(4) Due to the health care, transportation, and service
needs of seniors, issues of providing suitable and affordable
housing opportunities differ significantly from the housing
needs of other families.
(5) Seniors need access to a wide array of housing options,
such as affordable assisted living, in-home care, supportive or
service-enriched housing, and retrofitted homes and apartments
to allow seniors to age in place and to avoid premature
placement in institutional settings.
(6) While there are many programs in place to assist
seniors in finding and affording suitable housing and accessing
needed services, these programs are fragmented and spread
across many agencies, making it difficult for seniors to access
assistance or to receive comprehensive information.
(7) Better coordination among Federal agencies is needed,
as is better coordination at State and local levels, to ensure
that seniors can access government activities, programs,
services, and benefits in an effective and efficient manner.
(8) Up to date, accurate, and accessible statistics on key
characteristics of seniors, including conditions, behaviors,
and needs, are required to accurately identify the housing and
service needs of seniors.
SEC. 3. DEFINITIONS.
In this Act:
(1) Housing.--The term ``housing'' means any form of
residence, including rental housing, homeownership, assisted
living, group home, supportive housing arrangement, nursing
facility, or any other physical location where a person can
live.
(2) Service.--The term ``service'' includes transportation,
health care, nursing assistance, meal, personal care and chore
services, assistance with daily activities, mental health care,
physical therapy, case management, and any other services
needed by seniors to allow them to stay in their housing or
find alternative housing that meets their needs.
(3) Program.--The term ``program'' includes any Federal or
State program providing income support, health benefits or
other benefits to seniors, housing assistance, mortgages,
mortgage or loan insurance or guarantees, housing counseling,
supportive services, assistance with daily activities, or other
assistance for seniors.
(4) Council.--The term ``Council'' means the Interagency
Council on Meeting the Housing and Service Needs of Seniors.
(5) Senior.--The term ``senior'' means any individual 65
years of age or older.
SEC. 4. INTERAGENCY COUNCIL ON MEETING THE HOUSING AND SERVICE NEEDS OF
SENIORS.
(a) Establishment.--There is established in the executive branch an
independent council to be known as the Interagency Council on Meeting
the Housing and Service Needs of Seniors.
(b) Objectives.--The objectives of the Council are as follows:
(1) To promote coordination and collaboration among the
Federal departments and agencies involved with housing, health
care, and service needs of seniors in order to better meet the
needs of senior citizens.
(2) To identify the unique housing and service needs faced
by seniors around the country and to recommend ways that the
Federal Government, States, State and local governments, and
others can better meet those needs, including how to ensure
that seniors can find and afford housing that allows them to
access health care, transportation, nursing assistance, and
assistance with daily activities where they live or in their
communities.
(3) To facilitate the aging in place of seniors, by
identifying and making available information related to the
programs and services necessary to enable seniors to remain in
their homes as they age.
(4) To improve coordination among the housing and service
related programs and services of Federal agencies for seniors
and to make recommendations about needed changes with an
emphasis on--
(A) maximizing the impact of existing programs and
services;
(B) reducing or eliminating areas of overlap and
duplication in the provision and accessibility of such
programs and services; and
(C) making access to programs and services easier
for seniors around the country.
(5) To increase the efficiency and effectiveness of
existing housing and service related programs and services
which serve seniors.
(6) To establish an ongoing system of coordination among
and within such agencies or organizations so that the housing
and service needs of seniors are met in a more efficient
manner.
(c) Membership.--The Council shall be composed of the following:
(1) The Secretary of Housing and Urban Development.
(2) The Secretary of Health and Human Services.
(3) The Secretary of Agriculture or a designee of the
Secretary.
(4) The Secretary of Transportation or a designee of the
Secretary.
(5) The Secretary of Labor or a designee of the Secretary.
(6) The Secretary of Veterans Affairs or a designee of the
Secretary.
(7) The Secretary of the Treasury or a designee of the
Secretary.
(8) The Commissioner of the Social Security Administration
or a designee of the Commissioner.
(9) The Administrator of the Centers for Medicare and
Medicaid Services or a designee of the Administrator.
(10) The Administrator of the Administration on Aging or a
designee of the Administrator.
(11) The head (or designee) of any other Federal agency as
the Council considers appropriate.
(12)(A) 3 additional members, as appointed by the President
to serve terms not to exceed 4 years, of whom--
(i) one shall be a Governor of a State;
(ii) one shall be a Mayor of a political
subdivision of a State;
(iii) one shall be a county, town,
township, parish, village, hamlet, or other
general purpose local official of a political
subdivision of a State.
(B) Of the members appointed by the President under
subparagraph (A)--
(i) no more than 2 members may be
affiliated with the same political party; and
(ii) none shall be considered a Federal
employee.
(d) Chairperson.--The Chairperson of the Council shall alternate
between the Secretary of Housing and Urban Development and the
Secretary of Health and Human Services every 2 years.
(e) Vice Chair.--Every 2 years, the Council shall elect a Vice
Chair from among its members.
(f) Meetings.--The Council shall meet at the call of its
Chairperson or a majority of its members at any time, and no less often
than quarterly. The Council shall hold meetings with stakeholders and
other interested parties at least twice a year, so that the opinions of
such parties can be taken into account and so that outside groups can
learn of the Council's activities and plans.
SEC. 5. FUNCTIONS OF THE COUNCIL.
(a) Relevant Activities.--In carrying out its objectives, the
Council shall--
(1) review all Federal programs and services that assist
seniors in finding, affording, and rehabilitating housing,
including those that assist seniors in accessing health care,
transportation, supportive services, and assistance with daily
activities, where or close to where seniors live;
(2) monitor, evaluate, and recommend improvements in
existing programs and services administered, funded, or
financed by Federal, State, and local agencies to assist
seniors in meeting their housing and service needs and make any
recommendations about how agencies can better work to house and
serve seniors; and
(3) recommend ways to--
(A) reduce duplication among programs and services
by Federal agencies that assist seniors in meeting
their housing and service needs;
(B) ensure collaboration among and within agencies
in the provision and availability of programs and
services so that seniors are able to easily access
needed programs and services;
(C) work with States to better provide housing and
services to seniors by--
(i) holding individual meetings with State
representatives;
(ii) providing ongoing technical assistance
to States in better meeting the needs of
seniors; and
(iii) working with States to designate
State liaisons to the Council;
(D) identify best practices for programs and
services that assist seniors in meeting their housing
and service needs, including model--
(i) programs linking housing and services;
(ii) financing products offered by
government, quasi-government, and private
sector entities;
(iii) land use, zoning, and regulatory
practices; and
(iv) innovations in technology applications
that give seniors access to information on
available services or that help in providing
services to seniors;
(E) collect and disseminate information about
seniors and the programs and services available to them
to ensure that seniors can access comprehensive
information;
(F) hold biannual meetings with stakeholders and
other interested parties (or to hold open Council
meetings) to receive input and ideas about how to best
meet the housing and service needs of seniors;
(G) maintain an updated Web site of policies,
meetings, best practices, programs, services, and any
other helpful information to keep people informed of
the Council's activities; and
(H) work with the Federal Interagency Forum on
Aging Statistics, the Census Bureau, and member
agencies to collect and maintain data relating to the
housing and service needs of seniors so that all data
can be accessed in one place and to identify and
address unmet data needs.
(b) Reports.--
(1) By members.--Each year, the head of each agency who is
a member of the Council shall prepare and transmit to the
Council a report that describes--
(A) each program and service administered by the
agency that serves a substantial number of seniors and
the number of seniors served by each program or
service, the resources available in each, as well as a
breakdown of where each program and service can be
accessed;
(B) the barriers and impediments, including
statutory or regulatory, to the access and use of such
programs and services by seniors;
(C) the efforts made by each agency to increase
opportunities for seniors to find and afford housing
that meet their needs, including how the agency is
working with other agencies to better coordinate
programs and services; and
(D) any new data collected by each agency relating
to the housing and service needs of seniors.
(2) By the council.--Each year, the Council shall prepare
and transmit to the President, the Committee on Banking,
Housing, and Urban Affairs of the Senate, the Committee on
Health, Education, Labor, and Pensions of the Senate, the
Special Committee on Aging of the Senate, the Financial
Services Committee of the House of Representatives, the
Committee on Education and the Workforce of the House of
Representatives, a report that--
(A) summarizes the reports required in paragraph
(1);
(B) utilizes recent data to assess the nature of
the problems faced by seniors in meeting their unique
housing and service needs;
(C) provides a comprehensive and detailed
description of the programs and services of the Federal
Government in meeting the needs and problems described
in subparagraph (B);
(D) describes the activities and accomplishments of
the Council in working with Federal, State, and local
governments, and private organizations in coordinating
programs and services to meet the needs described in
subparagraph (B) and the resources available to meet
those needs;
(E) assesses the level of Federal assistance
required to meet the needs described in subparagraph
(B); and
(F) makes recommendations for appropriate
legislative and administrative actions to meet the
needs described in subparagraph (B) and for
coordinating programs and services designed to meet
those needs.
SEC. 6. POWERS OF THE COUNCIL.
(a) Hearings.--The Council may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence
as the Council considers advisable to carry out the purposes of this
Act.
(b) Information From Agencies.--Agencies which are represented on
the Council shall provide all requested information and data to the
Council as requested.
(c) Postal Services.--The Council may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
(d) Gifts.--
(1) In general.--The Council may accept, use, and dispose
of gifts or donations of services or property.
(2) Regulations required.--The Council shall adopt internal
regulations governing the receipt of gifts or donations of
services or property similar to those described in part 2601 of
title 5, Code of Federal Regulations.
SEC. 7. COUNCIL PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal employees.--A member of the Council who is
not an officer or employee of the Federal Government shall
serve without compensation.
(2) Federal employees.--A member of the Council who is an
officer or employee of the United States shall serve without
compensation in addition to the compensation received for
services of the member as an officer or employee of the Federal
Government.
(b) Travel Expenses.--The members of the Council 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 Council.
(c) Staff.--
(1) Executive director.--The Council shall appoint an
Executive Director at its initial meeting. The Executive
Director shall be compensated at a rate not to exceed the rate
of pay payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(2) Compensation.--With the approval of the Council, the
Executive Director may appoint and fix the compensation of such
additional personnel as necessary to carry out the duties of
the Council. The rate of compensation may be set without regard
to the provisions of chapter 51 and subchapter II of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(d) Temporary and Intermittent Services.--In carrying out its
objectives, the Council may procure temporary and intermittent services
of consultants and experts under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level V of
the Executive Schedule under section 5316 of such title.
(e) Detail of Government Employees.--Upon request of the Council,
any Federal Government employee may be detailed to the Council without
reimbursement, and such detail shall be without interruption or loss of
civil service status or privilege.
(f) Administrative Support.--The Secretary of Housing Urban
Development and the Secretary of Health and Human Services shall
provide the Council with such administrative (including office space),
supportive services, and technical supports as are necessary to ensure
that the Council can carry out its functions.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$1,500,000 for each of fiscal years 2005 through 2010.
Passed the Senate November 17, 2005.
Attest:
Secretary.
109th CONGRESS
1st Session
S. 705
_______________________________________________________________________
AN ACT
To establish the Interagency Council on Meeting the Housing and Service
Needs of Seniors, and for other purposes. | Meeting the Housing and Service Needs of Seniors Act of 2005 - Establishes in the executive branch the independent Interagency Council on Meeting the Housing and Service Needs of Seniors, which shall identify and promote coordination of senior citizen housing, health care, and service needs.
Defines "senior" as an individual 65 years or older.
Authorizes FY2005-FY2010 appropriations. | {"src": "billsum_train", "title": "A bill to establish the Interagency Council on Meeting the Housing and Service Needs of Seniors, and for other purposes."} | 3,363 | 89 | 0.488841 | 1.252458 | 0.547294 | 4.043478 | 49.057971 | 0.884058 |
SECTION 1. ESTABLISHMENT.
(a) Purpose and Establishment.--In order to conserve, protect, and
restore the recreational, ecological, cultural, religious, and wildlife
resource values of the Jemez Mountains, there is hereby established the
Jemez National Recreational Area (hereinafter in this Act referred to as
the ``recreation area''), to be administered by the Secretary of
Agriculture (hereinafter in this Act referred to as the ``Secretary'').
(b) Area Included.--The recreation area shall be comprised of
approximately 57,000 acres of lands and interests in lands within the
Santa Fe National Forest as generally depicted on the map entitled
``Jemez National Recreation Area--Proposed'' and dated September 1992.
The map shall be on file and available for public inspection in the
offices of the Chief of the Forest Service, Department of Agriculture,
Washington, District of Columbia. The Secretary may from time to time,
in consultation with local tribal leaders, make minor revisions in the
boundary of the recreation area to promote management effectiveness and
efficiency in furtherance of the purposes of this Act.
(c) Map and Description.--As soon as practicable after enactment of
this Act, the Secretary shall file a map and legal description of the
recreation area with the Committee on Natural Resources of the House of
Representatives and with the Committee on Energy and Natural Resources
and the Select Committee on Indian Affairs of the Senate. Such map and
legal description shall have the same force and effect as if included in
this Act, except that correction of clerical and typographical errors in
such legal description and map may be made. Such map and legal
description shall be on file and available for public inspection in the
Office of the Chief of the Forest Service, Department of Agriculture.
(d) No Additional Lands.--No lands or interests therein outside of
the boundaries of the recreation area may be added to the recreation
area without specific authorization by Congress.
SEC. 2. ADMINISTRATION.
(a) In General.--The Secretary shall administer the recreation area
in accordance with this Act and the laws, rules, and regulations
applicable to National Forest System lands in a manner that will further
the purposes of the recreation area. Management of the natural resources
within the recreation area shall be permitted only to the extent that
such management is compatible with and does not impair the purposes for
which the recreation area is established. Recreational activities within
the recreation area shall include (but not be limited to) hiking,
camping, hunting, fishing, skiing, backpacking, rock climbing, and
swimming.
(b) Management Plan.--The Secretary shall, no later than 5 years
after the enactment of this Act, develop a management plan for the
recreation area, as an amendment to the Santa Fe National Forest Land
and Resource Management Plan, to reflect the establishment of the
recreation area and to conform to the provisions of this Act. Nothing in
this Act shall require the Secretary to revise the Santa Fe Forest Land
and Resource Management Plan pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974. During development
of the management plan for the recreation area, the Secretary shall
study newly designated land within the recreation area, and adjacent
national forest land.
(c) Cultural Resources.--In administering the recreation area, the
Secretary shall give particular emphasis to the preservation,
stabilization, and protection of cultural resources located within the
recreation area in furtherance of the Archaeological Resources
Protection Act of 1979, the National Historic Preservation Act, and the
Act of August 11, 1978 (42 U.S.C. 1991) (commonly referred to as the
``American Indian Religious Freedom Act'').
(d) Native Americans.--(1) In recognition of the historic use of
portions of the recreation area by Indian peoples for traditional
cultural and customary uses, the Secretary shall, subject to the
provisions of section 2(n) in consultation with local tribal leaders,
ensure the protection of religious and cultural sites and provide access
from time to time to those sites by Indian peoples for traditional
cultural and customary uses. Such access shall be consistent with the
purpose and intent of the Act of August 11, 1978 (42 U.S.C. 1991)
(commonly referred to as the ``American Indian Religious Freedom Act'').
The Secretary, in accordance with such Act, upon request of an Indian
tribe or pueblo, may from time to time temporarily close to general
public use one or more specific portions of the recreational area in
order to protect traditional and customary uses in such portions by
Indian peoples.
(2) In preparing and implementing management plans for the
recreation area, the Secretary shall request that the Governor of the
Pueblo of Jemez and the chief executive officers of other appropriate
Indian tribes and pueblos make recommendations on methods of--
(A) assuring access to religious and cultural sites;
(B) enhancing the privacy and continuity of traditional cultural
and religious activities in the recreation area; and
(C) protecting traditional cultural and religious sites in the
recreation area.
(e) Wildlife Resources.--In administering the recreation area, the
Secretary shall give particular emphasis to the conservation and
protection of wildlife resources, including species listed as sensitive
by the Forest Service, within the recreation area and shall comply with
applicable Federal and State laws relating to wildlife, including the
Endangered Species Act of 1973.
(f) Hunting.--The Secretary shall permit hunting and fishing on
lands and waters under the jurisdiction of the Secretary within the
recreation area in accordance with applicable Federal and State law.
(g) Timber Harvesting.--The Secretary may permit timber harvesting
in the recreation area for commercial purposes, including (but not
limited to) vigas, latillas, the gathering of fuelwood, and for purposes
of public safety, recreation, wildlife, and administration, insofar as
the harvesting is compatible with the purposes of the recreation area.
Trees damaged or downed due to fire, disease, or insect infestation may
be utilized, salvaged, or removed from the recreation area as authorized
by the Secretary in furtherance of the purposes of this Act. Nothing in
this Act shall be construed to affect the timber sales under contract on
the date of enactment of this Act. Nothing in this Act shall be
construed to effect the Los Griegos timber sale in the Los Griegos
Diversity Unit number 0322 as shown on the West Half Diversity Unit map
of the Santa Fe National Forest dated November 1991; except that the
Secretary shall manage such sale using uneven aged management including
the individual tree selection method.
(h) Grazing.--The Secretary may permit grazing within the recreation
area in accordance with regulations prescribed by the Secretary.
Riparian areas shall be managed in such a manner as to protect their
important resource values.
(i) Transportation Plan.--(1) Within 1 year after the date of
enactment of this Act, the Secretary shall prepare a transportation plan
that provides for the most efficient use of roads and trails to
accomplish the purposes of this Act. The plan shall provide for a
comprehensive trails system that provides for dispersed recreation while
minimizing impact on significant archaeological and religious sites.
(2) The Secretary shall construct, maintain, and close roads within
the recreation area after consultation with local tribal leaders and
only in accordance with such plan.
(j) Recreational Facilities.--The Secretary shall provide for
recreational facilities within the recreation area. Such facilities
shall be constructed so as to minimize impacts on the scenic beauty, the
natural character, and the archaeological and religious sites of the
recreation area.
(k) Visitor Facilities.--The Secretary shall establish a visitor
center and interpretive facilities in or near the recreation area for
the purpose of providing for education relating to the interpretation of
cultural and natural resources of the recreation area.
(l) Power Transmission Lines.--In accordance with Federal and State
laws and regulations, the Secretary may permit a utility corridor for
high power electric transmission lines within the recreation area only
when the Secretary determines that--
(1) there is not a feasible alternative for the location of such
corridor;
(2) damage to the recreational and scenic quality and to the
archaeological and religious sites of the recreation area will not
be significant;
(3) it is in the public interest that such corridor be located
in the recreation area; and
(4) a plan to minimize harm to the resources of the recreation
area has been developed.
(m) Scientific Investigations.--The Secretary may permit scientific
investigations within the recreation area upon the Secretary's
determination that such investigations are in the public interest and
are compatible with the purposes of this Act.
(n) Resource Protection.--The Secretary may designate zones where,
and establish periods when, any activity otherwise permitted in the
recreation area will not be permitted for reasons of public safety,
administration, fish and wildlife management, protection of
archaeological or cultural resources, or public use and enjoyment.
Except in emergencies such designations by the Secretary shall be put
into effect only after consultation with the appropriate State agencies,
appropriate tribal leaders, and other affected parties.
SEC. 3. MINERALS AND MINING.
(a) Limitation on Patent Issuance.--(1) Notwithstanding any other
provision of law, no patents shall be issued after May 30, 1991, for any
location or claim made in the recreation area under the mining laws of
the United States.
(2) Notwithstanding any statute of limitations or similar
restriction otherwise applicable, any party claiming to have been
deprived of any property right by enactment of paragraph (1) may file in
the United States Claims Court a claim against the United States within
1 year after the date of enactment of this Act seeking compensation for
such property right. The United States Claims Court shall have
jurisdiction to render judgment upon any such claim in accordance with
section 1491 of title 28, United States Code.
(b) Withdrawal.--Subject to valid existing rights, after the date of
enactment of this Act, lands within the recreation area withdrawn from
location under the general mining laws and from the operation of the
mineral leasing, geothermal leasing, and mineral material disposal laws.
(c) Reclamation.--No mining activity involving any surface
disturbance of lands or waters within such area, including disturbance
through subsidence, shall be permitted except in accordance with
requirements imposed by the Secretary, including requirements for
reasonable reclamation of disturbed lands to a visual and hydrological
condition as close as practical to their premining condition.
(d) Mining Claim Validity Review.--The Secretary of Agriculture
shall undertake and complete within 3 years after the date of enactment
of this Act an expedited program to examine all unpatented mining
claims, including those for which a patent application has been filed,
within the recreation area. Upon determination by the Secretary of
Agriculture that the elements of a contest are present, the Secretary of
the Interior shall immediately determine the validity of such claims. If
a claim is determined to be invalid, the Secretary shall promptly
declare the claim to be null and void.
(e) Public Purposes.--The Secretary may utilize mineral materials
from within the recreation area for public purposes such as maintenance
and construction of roads, trails, and facilities as long as such use is
compatible with the purposes of the recreation area.
SEC. 4. ADJOINING LANDS.
The Secretary may evaluate lands adjoining the recreation area for
possible inclusion in the recreation area and make recommendations to
Congress, including (but not limited to) that area authorized for study
by section 5 of Public Law 101-556 (104 Stat. 2764), known as the Baca
Location Number 1. The Secretary, in consultation with local tribal
leaders and the National Park Service, shall, no later than 2 years
after enactment of this Act, submit recommendations with respect to
future boundaries for the recreation area.
SEC. 5. ACQUISITION OF LAND.
(a) State Land.--Land and interests in land within the boundaries of
the recreation area that are owned by the State of New Mexico, or a
political subdivision of New Mexico, may be acquired only by donation or
exchange.
(b) Offers to Sell.--
(1) In general.--Subject to paragraph (2), the Secretary may
acquire land and interests in land within the boundaries of the
recreation area by donation, purchase with donated or appropriated
funds, or exchange.
(2) Limitation.--The Secretary may not acquire lands within the
recreation area without the consent of the owner thereof unless the
Secretary has determined that such lands will be put to a use
different from their use as of the date of enactment of this Act and
that such new use would be incompatible with the protection of the
natural and cultural resources of the recreation area.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be necessary
to carry out the purposes of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Establishes the Jemez National Recreational Area in New Mexico.
Directs the Secretary of Agriculture to develop a management plan for the Area. Requires the Secretary, in consultation with local tribal leaders, to: (1) protect religious and cultural sites in the Area; and (2) provide access to such sites by Indian peoples for traditional cultural and customary uses.
Authorizes the Secretary to permit timber harvesting for commercial purposes as long as it is compatible with the Area's purposes.
Requires preparation of a transportation plan to provide for the most efficient use of existing roads and trails, including a system for dispersed recreation which minimizes its impact on significant archaeological and religious sites. Provides for recreational facilities within the Area and a visitor center.
Authorizes the Secretary to permit a utility corridor for high power electric transmission lines and scientific investigations.
Allows the Secretary to designate zones where, and establish periods when, activities otherwise permitted in the recreation area will not be permitted for reasons of public safety, administration, fish and wildlife management, protection of archaeological or cultural resources, or public use.
Prohibits the issuance of any mining location or claim patents after May 30, 1991, with respect to the Area. Permits any party deprived of property rights by such prohibition to file a compensation claim against the United States in the U.S. Claims Court. Withdraws lands within the Area from U.S. mining, mineral leasing, and related laws.
Directs the Secretary to expedite a program to determine the validity of all unpatented mining claims within the Area.
Authorizes the Secretary to: (1) use mineral materials from within the Area for public purposes; and (2) evaluate adjoining lands for possible inclusion in the Area.
Directs the Secretary, in consultation with local tribal leaders and the National Park Service, to submit recommendations to the Congress with respect to future boundaries for the Area.
Permits lands within the recreation area that are owned by the State of New Mexico or a political subdivision to be acquired only by donation or exchange.
Authorizes appropriations. | {"src": "billsum_train", "title": "To establish the Jemez National Recreation Area in the State of New Mexico, and for other purposes."} | 2,786 | 442 | 0.552078 | 1.830897 | 0.775967 | 3.771357 | 6.577889 | 0.922111 |
SECTION 1. FAIRNESS AND ACCURACY IN HIGH STAKES EDUCATIONAL DECISIONS
FOR STUDENTS.
(a) Findings.--Congress makes the following findings:
(1) The use of large-scale achievement tests in education
has grown significantly in recent years. States and local
school districts have increasingly used these tests in such
contexts as raising student academic standards to make high-
stakes decisions with important consequences for individual
students, such as tracking (assigning students to schools,
programs, or classes based on achievement level), promotion of
students to the next grade, and graduation of students from
secondary school.
(2) The serious and often adverse consequences resulting
from the sole reliance on large-scale tests have increasingly
resulted in questions and significant concerns by students,
parents, teachers, and school administrators about how to
ensure that such tests are used appropriately and in a manner
that is fair.
(3) In 1997, Congress directed the National Academy of
Sciences to ``conduct a study and make written recommendations
on appropriate methods, practices, and safeguards to ensure
that, among other things,...existing and new tests that are
used to assess student performance are not used in a
discriminatory manner or inappropriately for student promotion,
tracking, or graduation.''.
(4) In 1999, the National Academy of Sciences, through its
National Research Council, completed its study and issued a
report entitled ``High Stakes: Testing for Tracking, Promotion
and Graduation''. Guided by principles of measurement validity,
attribution of cause, and effectiveness of treatment, the
National Research Council made key findings for appropriate
test use in educational settings, including the following:
(A) When tests are used in ways that meet relevant
psychometric, legal, and educational standards,
students' scores provide important information, that
combined with information from other sources, can lead
to decisions that promote student learning and equality
of opportunity.
(B) Tests are not perfect. Test questions are a
sample of possible questions that could be asked in a
given area. Moreover, a test score is not an exact
measure of a student's knowledge or skills.
(C) To the extent that all students are expected to
meet world-class standards, there is a need to provide
world-class curricula and instruction to all students.
However, in most of the Nation, much needs to be done
before a world-class curriculum and world-class
instruction will be in place. At present, curriculum
does not usually place sufficient emphasis on student
understanding and application of concepts, as opposed
to memorization and skill mastery. In addition,
instruction in core subjects typically has been and
remains highly stratified. What teachers teach and what
students learn vary widely by track, with those in
lower tracks receiving far less than a world-class
curriculum.
(D) It is a mistake to begin educational reform by
introducing tests with high stakes for individual
students. If tests are to be used for high stakes
decisions about individual mastery, such use should
follow implementation of changes in teaching and
curriculum that ensure that students have been taught
the knowledge and skills on which the students will be
tested.
(E) Problems of test validity are greatest among
young children, and there is a greater risk of error
when such tests are employed to make high stakes
decisions about children who are less than 8 years old
or below grade 3, or about their schools. However,
well-designed assessments may be useful in monitoring trends in the
educational development of populations of students who have reached age
5.
(5) The National Research Council made the following
recommendations:
(A) If parents, educators, public officials, and
others who share responsibility for educational
outcomes are to discharge their responsibility
effectively, they should have access to information
about the nature and interpretation of tests and test
scores. Such information should be made available to
the public and should be incorporated into teacher
education and into educational programs for principals,
administrators, public officials, and others.
(B) A test may appropriately be used to lead
curricular reform, but it should not also be used to
make high-stakes decisions about individual students
until test users can show that the test measures what
they have been taught.
(C) High-stakes decisions such as tracking,
promotion, and graduation should not automatically be
made on the basis of a single test score but should be
buttressed by other relevant information about the
student's knowledge and skill, such as grades, teacher
recommendations, and extenuating circumstances.
(D) In general, large-scale assessments should not
be used to make high-stakes decisions about students
who are less than 8 years old or enrolled below grade
3.
(E) High-stakes testing programs should routinely
include a well-designed evaluation component.
Policymakers should monitor both the intended and
unintended consequences of high-stake assessments on
all students and on significant subgroups of students,
including minorities, English-language learners, and
students with disabilities.
(6) These principles and findings of the National Academy
of Sciences are supported in significant measure by the
Standards for Educational and Psychological Testing, adopted
and approved in December of 1999, by the leading experts and
professional organizations on testing, including the American
Educational Research Association, American Psychological
Association, and the National Council on Measurement in
Education.
(b) Test Performance.--If performance on a single large-scale test
is considered as part of any decision about the retention, graduation,
tracking, or within-class ability grouping of an individual student by
a State educational agency or local educational agency that receives
funds under the Elementary and Secondary Education Act of 1965, such
test performance shall not be the sole criterion in such decision and
may be considered in making such decision only if--
(1) the test, including any cut score or performance
standard set or established for use on the test, meets
professional standards of validity and reliability for the
purpose for which the test's results are being used;
(2) the test allows its users to make score interpretations
in relation to a functional performance level, as distinguished
from those interpretations that are made in relation to the
performance of others;
(3) the test is based on State or local content and
performance standards and is aligned with the curriculum and
classroom instruction;
(4) the test follows implementation of changes in teaching
and curriculum that ensure that students have been taught the
knowledge and skills on which the students will be tested;
(5) multiple measures of student achievement, including
grades and evaluations by teachers, are utilized to ensure that
scores from the test are never the only source of information
used, nor the sole criterion used, in making a high-stakes
decision about an individual student;
(6) students tested have been provided multiple
opportunities to demonstrate proficiency in the academic
subject covered by the test;
(7) the test is administered in accordance with the written
guidance from the test developer or publisher;
(8) the State educational agency or local educational
agency involved has evidence that the test is of adequate
technical quality for each purpose for which the test is used;
(9) the State educational agency or local educational
agency provides appropriate accommodations and alternate
assessments for students with disabilities that provide the
students with a valid opportunity to show what the students
know and can do;
(10) the State educational agency or local educational
agency provides appropriate accommodations and alternative
assessments for students with limited English proficiency (if
the agency involved determines that the students have not
achieved sufficient English proficiency to ensure that the test
will validly and reliably measure the subject matter knowledge
and skills of the students), including--
(A) the use of a test other than an English-only
test;
(B) the use of alternate assessments (consisting of
psychometrically equivalent tests in the students'
native language) in order to provide such students with
a valid and reliable opportunity to demonstrate what
the students know and can do; and
(C) in a case in which the Secretary of Education
determines that more than 5 percent of the students
enrolled in kindergarten through grade 12 in a State
are members of a single language minority group and are
limited English proficient--
(i) the assessment of the students in that
group using tests developed in the language of
that group, if the State or local educational
agency determines that such tests are more likely than English-only
tests to yield accurate and reliable information regarding what those
students know and can do; or
(ii) if the language of the group is oral
or unwritten or, in the case of Alaska Natives
and other American Indians, if the predominant
language of the group is historically
unwritten, the furnishing of oral instructions,
assistance, and other necessary information to
such students relating to the English-only
test; and
(11) the test is not used for a decision about promotion or
placement in special education for a child below the age of 8
or third grade.
(c) Evaluations.--
(1) State educational agencies.--Each State educational
agency that receives funds under the Elementary and Secondary
Education Act of 1965 and uses a large-scale test as part of a
high stakes decision described in subsection (b), shall
periodically conduct a comprehensive evaluation of the impact
of high stakes decisions on students' education and educational
outcomes, with particular consideration given to the impact on
individual students and subgroups of students disaggregated by
socioeconomic status, race, ethnicity, limited English
proficiency, disability, and gender. The State educational
agency shall make the results of the evaluation available to
the public and shall provide clear and comprehensible
information about the nature, use, and interpretation of the
test and the scores the test generate.
(2) Local educational agency.--Each local educational
agency that receives funds under the Elementary and Secondary
Education Act of 1965, uses a large-scale test as part of a
high stakes decision described in subsection (b), and is
located in a State that does not conduct an evaluation under
paragraph (1), shall periodically conduct a comprehensive
evaluation of the impact of high stakes decisions on students'
education and educational outcomes, with particular
consideration given to the impact on individual students and
subgroups of students disaggregated by socioeconomic status,
race, ethnicity, limited English proficiency, disability, and
gender. The local educational agency shall make the results of
the evaluation available to the public and shall provide clear
and comprehensible information about the nature, use, and
interpretation of the test and the scores the test generate.
(3) Department of education.--The Secretary shall--
(A) conduct an evaluation similar to the evaluation
described in paragraph (1) among a representative
sample of States and local educational agencies;
(B) report the results of such evaluation to
Congress; and
(C) make the results of the evaluation available to
the public.
(d) Definitions.--In this section:
(1) In general.--The terms used in this section have the
meanings given the terms in section 14101 of the Elementary and
Secondary Education Act of 1965.
(2) Large-scale test.--The term ``large-scale test'' means
a test that is administered and scored under conditions uniform
to all students so that the test scores are comparable across
individuals.
(3) Sole criterion.--The term ``sole criterion'' means the
only one standard (such as a test score) used to make a
judgment or a decision, including a step-wise decisionmaking
procedure where students must reach or exceed one criterion
(such as a cut score of a test) independent of or before other
criteria can be considered. | Establishes certain requirements relating to the use of large-scale standardized tests by State and local educational agencies (SEAs and LEAs) that receive funds under the Elementary and Secondary Education Act of 1965 (ESEA).Prohibits performance on a large-scale test from being the sole determinant of any decision about an individual student's retention, graduation, tracking, or within-class ability grouping. Allows such test performance to be considered in making such decision only if specified criteria are met.Requires evaluations of the impact of standardized tests used in high stakes decisions on students' education and educational outcomes, particularly on individuals and subgroups disaggregated by socioeconomic status, race, ethnicity, limited English proficiency, disability, and gender, to be carried out by: (1) SEAs receiving ESEA funds; (2) LEAs receiving ESEA funds located in States that do not do such evaluations; and (3) the Secretary of Education. | {"src": "billsum_train", "title": "To provide for fairness and accuracy in high stakes educational decisions for students."} | 2,420 | 208 | 0.484694 | 1.505624 | 0.897718 | 3.913295 | 14.092486 | 0.884393 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Year 2000 Readiness Act''.
SEC. 2. FINDINGS.
The Congress hereby finds the following:
(1) Congressional hearings have documented that there are
enormous national interest economic implications of the Year
2000 technology challenge for critical national
infrastructures, including banking and finance, energy,
telecommunications, transportation, and vital human services.
(2) The private sector costs of year 2000 remediation are
likely to be significant with the Board of Governors of the
Federal Reserve System estimating, in recent congressional
testimony, such costs at roughly $50,000,000,000.
(3) Although critical national infrastructures are
interdependent, with domestic and international banking
operations heavily dependent on telecommunications and power
infrastructures, there is neither a national nor an
international framework for ensuring that all such
infrastructures will be ready for the Year 2000.
(4) In an April 1998 report to Congress entitled, ``Year
2000 Computing Crisis: Potential for Widespread Disruption
Calls for Strong Leadership and Partnerships,'' the General
Accounting Office recommended that the President's Council on
Year 2000 Conversion quickly formulate a comprehensive picture
of the Nation's Year 2000 readiness and establish an effective
approach to promote public-private partnerships to resolve the
Nation's Year 2000 crisis.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Year 2000 computer problem.--The term ``Year 2000
computer problem'' means, with respect to information
technology, any problem which prevents such technology from
accurately processing, calculating, comparing, or sequencing
date or time data--
(A) from, into, or between--
(i) the 20th and 21st centuries; or
(ii) the years 1999 and 2000; or
(B) with regard to leap year calculations.
(2) Year 2000 Conversion Council.--The term ``Year 2000
Conversion Council'' means the President's Council on Year 2000
Conversion established under section 2 of Executive Order No.
13073, issued on February 4, 1998.
SEC. 4. NATIONAL ASSESSMENT OF YEAR 2000 COMPUTER PROBLEM.
Before the end of the 90-day period beginning on the date of the
enactment of this Act, the Chairperson of the Year 2000 Conversion
Council shall submit to the Congress a national assessment of the Year
2000 computer problem covering all critical national infrastructures
and key sectors of the economy, including banking and finance, energy,
telecommunications, transportation, and vital human services which
protect the public health and safety, water supply, and environment.
SEC. 5. NATIONAL STRATEGY TO ADDRESS YEAR 2000 COMPUTER PROBLEM.
(a) In General.--Consistent with the spirit of the Government
Performance and Results Act of 1993, the Chairperson of the Year 2000
Conversion Council shall prepare, and submit to the Congress with the
assessment required under section 4, a national strategy to ensure that
the most critical services provided by Federal, State, and local
governments as well as key sectors of the economy will be prepared for
the Year 2000 date change, including the sectors involved in the
provision of banking and financial services (especially financial
services involving Federal and State payments to individuals and access
to individual transaction accounts at financial institutions), the
provision and distribution of power and fuel, the provision of
telecommunication and transportation services, and the sectors which
are involved in or have an impact on the public health and safety,
water supply, and environment.
(b) Personnel.--
(1) In general.--In preparing the strategy, the Chairperson
of the Year 2000 Conversion Council shall include a plan for
ensuring the availability of an adequate supply of technical
personnel to remedy the Year 2000 computer problem in the
private sector as well as the Federal Government before
December 31, 1999, and, in formulating such plan, shall make
recommendations relating to any need to raise immigrant visa
ceilings under the Immigration and Nationality Act for such
purpose.
(2) Consideration of need for federal technology
information service.--In preparing the plan under paragraph
(1), the Chairperson of the Year 2000 Conversion Council
shall--
(A) make recommendations relating to the capacity
of the Federal Government to attract and retain
individuals of high-quality technology competence;
(B) consider whether a Federal technology
information service should be established in a form
similar to the Senior Executive Service; and
(C) submit a report on the findings and conclusions
of the Chairperson to the Congress before the end of
the 6-month period beginning on the date of the
enactment of this Act.
(c) Efforts at International Financial Institutions to Solve Year
2000 Computer Problem.--In preparing the strategy, the Chairperson of
the Year 2000 Conversion Council, in consultation with the Chairman of
the Board of Governors of the Federal Reserve System and the Secretary
of the Treasury, shall include--
(1) the goals and strategies the United States will pursue
at the Bank for International Settlements, the Group of Ten
Industrialized Nations, the European Union, and elsewhere to
encourage an international effort to ensure readiness for the
Year 2000 at banks and other financial institutions; and
(2) the initiatives which the representatives of the United
States to the International Monetary Fund, International Bank
for Development and Reconstruction, and other international
development banks are taking to engage such institutions in
providing funding or technical assistance to developing
countries for remedying the Year 2000 computer problem in such
countries.
SEC. 6. QUARTERLY PROGRESS REPORTS REQUIRED.
(a) In General.--Beginning after the submission of the report on
the national assessment and strategy under sections 4 and 5, the
Chairperson of the Year 2000 Conversion Council shall submit a
quarterly report to the Congress on the progress that has been made
since the submission of the prior report in solving the Year 2000
computer problem in all critical infrastructures and key sectors of the
economy and in developing a contingency plan.
(b) Final Report.--The final report submitted under subsection (a)
shall assess the ongoing Year 2000 and other date-related problems that
will occur in the future as temporary Year 2000 renovations lapse or
other fail dates occur in computer systems.
(c) Sunset.--No reports shall be required under subsection (a)
after December 31, 2001.
SEC. 7. REVISION OF FEDERAL ACQUISITION REGULATION TO PROVIDE FOR
CERTAIN PENALTIES FOR CONTRACTORS THAT VIOLATE YEAR 2000
REQUIREMENT.
In the case of any person who enters into a contract with a Federal
agency, and who knowingly provides goods or services to the agency
under the contract that are not Year 2000 compliant (as that term is
defined in section 39.002 of the Federal Acquisition Regulation, as
adopted on August 22, 1997), the Federal Acquisition Regulation may be
revised to provide for an appropriate period for which such person
shall not be eligible for award of any contract by any Federal agency.
Any restrictions developed pursuant to this section may, at the
discretion of the applicable Federal agency, be waived if the new goods
or services are Year 2000 compliant. | National Year 2000 Readiness Act - Directs the Chairperson of the Year 2000 Conversion Council to submit to the Congress: (1) a national assessment of the Year 2000 computer problem covering all critical national infrastructures and key sectors of the economy; and (2) a national strategy to ensure that the most critical services provided by the Federal, State, and local governments as well as key sectors of the economy will be prepared for the Year 2000 date change.
Requires the Chairperson, in preparing the strategy, to: (1) include a plan for ensuring the availability of an adequate supply of technical personnel to remedy the Year 2000 computer problem in the private sector as well as the Federal Government before December 31, 1999; and (2) in formulating such plan, make recommendations relating to any need to raise immigrant visa ceilings under the Immigration and Nationality Act for such purpose. Requires the Chairperson, in preparing such plan, to: (1) make recommendations relating to the capacity of the Federal Government to attract and retain individuals of high-quality technology competence; and (2) consider whether a Federal technology information service should be established in a form similar to the Senior Executive Service. Directs the Chairperson, in preparing the strategy, to include: (1) the goals and strategies the United States will pursue at the Bank for International Settlements, the Group of Ten Industrialized Nations, the European Union, and elsewhere to encourage an international effort to ensure readiness for the Year 2000 at banks and other financial institutions; and (2) the initiatives which U.S. representatives to the International Monetary Fund, the International Bank for Development and Reconstruction, and other international development banks are taking to engage such institutions in providing funding or technical assistance to developing countries for remedying the Year 2000 computer problem.
Requires the submission of quarterly progress reports after the submission of the report on the national assessment and strategy.
Permits the revision of the Federal Acquisition Regulation to provide for an appropriate period for which contractors who knowingly provide goods or services to Federal agencies that are not Year 2000 compliant shall be ineligible for award of any Federal contract. Permits waiver of any restrictions developed pursuant to the revision of such Regulation, at the discretion of the applicable Federal agency, if the new goods or services are Year 2000 compliant. | {"src": "billsum_train", "title": "National Year 2000 Readiness Act"} | 1,523 | 478 | 0.638837 | 2.522687 | 0.734895 | 6.06264 | 3.205817 | 0.961969 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Superior National
Forest Land Exchange Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose and need for NorthMet Land Exchange.
Sec. 3. Definitions.
Sec. 4. NorthMet Land Exchange.
Sec. 5. Valuation of NorthMet Land Exchange.
Sec. 6. Maps and legal descriptions.
Sec. 7. Post-exchange land management.
Sec. 8. Miscellaneous provisions.
SEC. 2. PURPOSE AND NEED FOR NORTHMET LAND EXCHANGE.
(a) Purpose.--It is the purpose of this Act to further the public
interest by consummating the NorthMet Land Exchange as specifically set
forth in this Act.
(b) Need.--According to the Final Record of Decision, the NorthMet
Land Exchange is advisable and needed because the NorthMet Land
Exchange will--
(1) result in a 40-acre net gain in National Forest System
lands;
(2) improve the spatial arrangement of National Forest
System lands by reducing the amount of ownership boundaries to
be managed by 33 miles;
(3) improve management effectiveness by exchanging isolated
Federal lands with no public overland access for non-Federal
lands that will have public overland access and be accessible
and open to public use and enjoyment;
(4) result in Federal cost savings by eliminating certain
easements and their associated administration costs;
(5) meet several of the priorities identified in the land
and resource management plan for Superior National Forest to
protect and manage administratively or congressionally
designated, unique, proposed, or recommended areas, including
acquisition of 307 acres of land to the administratively
proposed candidate Research Natural Areas, which are managed by
preserving and maintaining areas for ecological research,
observation, genetic conservation, monitoring, and educational
activities;
(6) promote more effective land management that would meet
specific National Forest needs for management, including
acquisition of over 6,500 acres of land for new public access,
watershed protection, ecologically rare habitats, wetlands,
water frontage, and improved ownership patterns;
(7) convey Federal land generally not needed for other
Forest resource management objectives, because such land is
adjacent to intensively developed private land including
ferrous mining areas, where abundant mining infrastructure and
transportation are already in place, including--
(A) a large, intensively developed open pit mine
lying directly to the north of the Federal land;
(B) a private mine railroad, powerlines, and roads
lying directly to the south of the Federal land; and
(C) already existing ore processing, milling, and
tailings facilities located approximately 5 miles to
the west of the Federal land; and
(8) provide a practical resolution to complex issues
pertaining to the development of private mineral rights
underlying the Federal land surface, and thereby avoid
potential litigation which could adversely impact the status
and management of the Federal land and other National Forest
System land acquired under the authority of section 6 of the
Act of March 1, 1911 (commonly known as the Weeks Law; 16
U.S.C. 515).
SEC. 3. DEFINITIONS.
In this Act:
(1) Collection agreements.--The term ``Collection
Agreements'' means the following agreements between the
Secretary and Poly Met pertaining to the NorthMet Land
Exchange:
(A) The agreement dated August 25, 2015.
(B) The agreement dated January 15, 2016.
(2) Federal land parcel.--The term ``Federal land parcel''
means all right, title, and interest of the United States in
and to approximately 6,650 acres of National Forest System
land, as identified in the Final Record of Decision, within the
Superior National Forest in St. Louis County, Minnesota, as
generally depicted on the map entitled ``Federal Land Parcel-
NorthMet Land Exchange'', and dated June 2017.
(3) Non-federal land.--The term ``non-Federal land'' means
all right, title, and interest of Poly Met in and to
approximately 6,690 acres of land in four separate tracts
(comprising 10 separate land parcels in total) within the
Superior National Forest to be conveyed to the United States by
Poly Met in the land exchange as generally depicted on an
overview map entitled ``Non-Federal Land Parcels-NorthMet Land
Exchange'' and dated June 2017, and further depicted on
separate tract maps as follows:
(A) Tract 1.--Approximately 4,650 acres of land in
St. Louis County, Minnesota, generally depicted on the
map entitled ``Non-Federal Land Parcels-NorthMet Land
Exchange-Hay Lake Tract'', and dated June 2017.
(B) Tract 2.--Approximately 320 acres of land in 4
separate parcels in Lake County, Minnesota, generally
depicted on the map entitled ``Non-Federal Land
Parcels-NorthMet Land Exchange-Lake County Lands'', and
dated June 2017.
(C) Tract 3.--Approximately 1,560 acres of land in
4 separate parcels in Lake County, Minnesota, generally
depicted on the map entitled ``Non-Federal Land
Parcels-NorthMet Land Exchange-Wolf Lands'', and dated
June 2017.
(D) Tract 4.--Approximately 160 acres of land in
St. Louis County, Minnesota, generally depicted on the
map entitled ``Non-Federal Land Parcel-NorthMet Land
Exchange-Hunting Club Lands'', dated June 2017.
(4) Northmet land exchange.--The term ``NorthMet Land
Exchange'' means the land exchange specifically authorized and
directed by section 4 of this Act.
(5) Poly met.--The term ``Poly Met'' means Poly Met Mining
Corporation, Inc., a Minnesota Corporation with executive
offices in St. Paul, Minnesota, and headquarters in Hoyt Lakes,
Minnesota.
(6) Record of decision.--The term ``Record of Decision''
means the Final Record of Decision of the Forest Service issued
on January 9, 2017, approving the NorthMet Land exchange
between the United States and PolyMet Mining, Inc., a Minnesota
Corporation, involving National Forest System land in the
Superior National Forest in Minnesota.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(8) State.--The term ``State'' means the State of
Minnesota.
SEC. 4. NORTHMET LAND EXCHANGE.
(a) Exchange Authorized and Directed.--
(1) In general.--Subject to section 5(c)(1) and other
conditions imposed by this Act, if Poly Met offers to convey to
the United States all right, title, and interest of Poly Met in
and to the non-Federal land, the Secretary shall accept the
offer and convey to Poly Met all right, title, and interest of
the United States in and to the Federal land parcel.
(2) Land exchange expedited.--Subject to the conditions
imposed by this Act, the NorthMet Land Exchange directed by
this Act shall be consummated not later than 90 days after the
date of enactment of this Act.
(b) Form of Conveyance.--
(1) Non-federal land.--Title to the non-Federal land
conveyed by Poly Met to the United States shall be by general
warranty deed subject to existing rights of record, and
otherwise conform to the title approval regulations of the
Attorney General of the United States.
(2) Federal land parcel.--The Federal land parcel shall be
quitclaimed by the Secretary to Poly Met by an exchange deed.
(c) Exchange Costs.--
(1) Reimbursement required.--Poly Met shall pay or
reimburse the Secretary, either directly or through the
Collection Agreements, for all land survey, appraisal, land
title, deed preparation, and other costs incurred by the
Secretary in processing and consummating the NorthMet Land
Exchange. The Collection Agreements, as in effect on the date
of the enactment of this Act, may be modified through the
mutual consent of the parties.
(2) Deposit of funds.--All funds paid or reimbursed to the
Secretary under paragraph (1)--
(A) shall be deposited and credited to the accounts
in accordance with the Collection Agreements;
(B) shall be used for the purposes specified for
the accounts; and
(C) shall remain available to the Secretary until
expended without further appropriation.
(d) Conditions on Land Exchange.--
(1) Reservation of certain mineral rights.--Notwithstanding
subsection (a), the United States shall reserve the mineral
rights on approximately 181 acres of the Federal land parcel as
generally identified on the map entitled ``Federal Land Parcel-
NorthMet Land Exchange'', and dated June 2017.
(2) Third-party authorizations.--As set forth in the Final
Record of Decision, Poly Met shall honor existing road and
transmission line authorizations on the Federal land parcel.
Upon relinquishment of the authorizations by the holders or
upon revocation of the authorizations by the Forest Service,
Poly Met shall offer replacement authorizations to the holders
on at least equivalent terms.
SEC. 5. VALUATION OF NORTHMET LAND EXCHANGE.
(a) Appraisals.--The Congress makes the following new findings:
(1) Appraisals of the Federal and non-Federal lands to be
exchanged in the NorthMet Land Exchange were formally prepared
in accordance with the Uniform Appraisal Standards for Federal
Land Acquisitions, and were approved by the Secretary in
conjunction with preparation of the November 2015 Draft Record
of Decision on the NorthMet Land Exchange.
(2) The appraisals referred to in paragraph (1) determined
that the value of the non-Federal lands exceeded the value of
the Federal land parcel by approximately $425,000.
(3) Based on the appraisals referred to in paragraph (1),
the United States would ordinarily be required to make a
$425,000 cash equalization payment to Poly Met to equalize
exchange values under the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.), unless such an
equalization payment is waived by Poly Met.
(b) Values for Consummation of Land Exchange.--The appraised values
of the Federal and non-Federal land determined and approved by the
Secretary in November 2015, and referenced in subsection (a)--
(1) shall be the values utilized to consummate the NorthMet
Land Exchange; and
(2) shall not be subject to reappraisal.
(c) Waiver of Equalization Payment.--
(1) Condition on land exchange.--Notwithstanding section
206(b) of the Federal Land Policy and Management Act (43 U.S.C.
1716(b)), and as part of its offer to exchange the non-Federal
lands as provided in section 4(a)(1) of this Act, Poly Met
shall waive any payment to it of any monies owed by the United
States to equalize land values.
(2) Treatment of waiver.--A waiver of the equalization
payment under paragraph (1) shall be considered as a voluntary
donation to the United States by Poly Met for all purposes of
law.
SEC. 6. MAPS AND LEGAL DESCRIPTIONS.
(a) Minor Adjustments.--By mutual agreement, the Secretary and Poly
Met may correct minor or typographical errors in any map, acreage
estimate, or description of the Federal land parcel or non-Federal land
to be exchanged in the NorthMet Land Exchange.
(b) Conflict.--If there is a conflict between a map, an acreage
estimate, or a description of land under this Act, the map shall
control unless the Secretary and Poly Met mutually agree otherwise.
(c) Exchange Maps.--The maps referred to in section 3 depicting the
Federal and non-Federal lands to be exchanged in the NorthMet Land
Exchange, and dated June 2017, depict the identical lands identified in
the Final Record of Decision, which are on file in the Office of the
Supervisor, Superior National Forest.
SEC. 7. POST-EXCHANGE LAND MANAGEMENT.
(a) Non-Federal Land.--Upon conveyance of the non-Federal land to
the United States in the NorthMet Land Exchange, the non-Federal land
shall become part of the Superior National Forest and be managed in
accordance with--
(1) the Act of March 1, 1911 (commonly known as the Weeks
Law; 16 U.S.C. 500 et seq.); and
(2) the laws and regulations applicable to the Superior
National Forest and the National Forest System.
(b) Planning.--Upon acquisition by the United States in the
NorthMet Land Exchange, the non-Federal lands shall be managed in a
manner consistent with the land and resource management plan applicable
to adjacent federally owned lands in the Superior National Forest. An
amendment or supplement to the land and resource management plan shall
not be required solely because of the acquisition of the non-Federal
lands.
(c) Federal Land.--Upon conveyance of the Federal land parcel to
Poly Met in the NorthMet Land Exchange, the Federal land parcel shall
become private land and available for any lawful use in accordance with
applicable Federal, State, and local laws and regulations pertaining to
mining and other uses of land in private ownership.
SEC. 8. MISCELLANEOUS PROVISIONS.
(a) Withdrawal of Acquired Non-Federal Land.--The non-Federal lands
acquired by the United States in the NorthMet Land Exchange shall be
withdrawn, without further action by the Secretary, from appropriation
and disposal under public land laws and under laws relating to mineral
and geothermal leasing.
(b) Withdrawal Revocation.--Any public land order that withdraws
the Federal land parcel from appropriation or disposal under a public
land law shall be revoked without further action by the Secretary to
the extent necessary to permit conveyance of the Federal land parcel to
Poly Met.
(c) Withdrawal of Federal Land Pending Conveyance.--The Federal
land parcel to be conveyed to Poly Met in the NorthMet Land Exchange,
if not already withdrawn or segregated from appropriation or disposal
under the mineral leasing and geothermal or other public land laws upon
enactment of this Act, is hereby so withdrawn, subject to valid
existing rights, until the date of conveyance of the Federal land
parcel to Poly Met.
(d) Act Controls.--In the event any provision of the Record of
Decision conflicts with a provision of this Act, the provision of this
Act shall control.
Passed the House of Representatives November 28, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Superior National Forest Land Exchange Act of 2017 (Sec. 4) This bill directs the Department of Agriculture (USDA) to convey specified National Forest System land within the Superior National Forest in St. Louis County, Minnesota, to Poly Met Mining Corporation, Inc., in exchange for specified nonfederal lands within the forest in St. Louis and Lake Counties, Minnesota. Poly Met shall pay or reimburse all land survey, appraisal, land title, deed preparation, and other costs incurred by USDA in completing such exchange. All of the funds paid or reimbursed to USDA must be deposited into accounts and used for the purposes specified in certain collection agreements pertaining to such exchange. The United States shall reserve the mineral rights on a specified portion of the federal land exchanged. As set forth in the Final Record of Decision of January 9, 2017, approving such exchange, Poly Met shall honor existing road and transmission line authorizations on the federal land exchanged. (Sec. 5) The appraised values of the federal and nonfederal lands that were determined and approved by USDA in November 2015 shall be the values used to complete the exchange and shall not be subject to reappraisal. Poly Met shall waive any payment otherwise owed to it by the United States to equalize the values of the exchanged lands. Such waiver shall be considered as a voluntary donation to the United States by Poly Met for all purposes of law. (Sec. 7) Upon conveyance, the non-federal lands shall become part of the Superior National Forest and shall be managed in accordance with the Weeks Law and in a manner consistent with the land and resource management plan applicable to adjacent federally owned lands in the forest. Upon conveyance, the federal land shall: (1) become private land and shall be made available for any lawful use in accordance with applicable federal, state, and local laws and regulations that pertain to mining and other uses of land in private ownership; and (2) be withdrawn from appropriation and disposal under public land laws and under laws relating to mineral and geothermal leasing. | {"src": "billsum_train", "title": "Superior National Forest Land Exchange Act of 2017"} | 3,293 | 447 | 0.544706 | 2.146743 | 0.694566 | 4.80303 | 7.320707 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bipartisan Commission on Social
Security Reform Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The 2000 Report of the Social Security Board of
Trustees projects that the receipts financing the Social
Security trust funds will fall below its outgo in 2015 and the
trust funds will be depleted in 2037. At that time only 72
percent of Social Security benefits would be payable then with
incoming receipts.
(2) The primary reason is demographic: the post-World War
II baby boomers will begin retiring in less than a decade and
life expectancy is rising. By 2025 the number of people age 65
and older is predicted to grow by 75 percent. In contrast, the
number of workers supporting the system would grow by 13
percent.
(3) If there are no other surplus governmental receipts,
policymakers would have 3 choices: raise taxes or other income,
cut spending, or borrow the money. Mirroring this adverse
outlook are public opinion polls showing that fewer than 50
percent of respondents are confident that Social Security can
meet its long-term commitments. There also is a widespread
perception that Social Security may not be as good a value in
the future as it is today.
(4) While it is accepted that Social Security reform is
needed without undue delay, there clearly is no consensus on
how this should be accomplished. This was evident by the Report
of the 1994-1996 Social Security Advisory Council, which
provided 3 very different plans but none of which received a
majority's endorsement. It also is reflected by the many bills
introduced in the 105th Congress and the 106th Congress and
proposals by the administration that represent a diversity of
approaches to Social Security reform. As a result of
differences within Congress and with the administration, there
has been no movement on Social Security reform.
(5) This state of affairs shows the need to develop
consensus legislation between Congress and the administration
that can be enacted into law without undue delay. To accomplish
this there is to be established a Bipartisan Commission on
Social Security Reform charged with developing a unified
proposal to ensure the long-term retirement security of
Americans.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch a Bipartisan
Commission on Social Security Reform (in this Act referred to as the
``Commission'').
SEC. 4. DUTIES OF THE COMMISSION.
The Commission shall design a single set of legislative and
administrative recommendations for long-range reforms for restoring the
solvency of the Social Security system, and maintaining retirement
income security in the United States.
SEC. 5. COMPOSITION OF THE COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of 17
members, of whom--
(1) 3 members shall be selected by the Speaker of the House
of Representatives, 1 from among Members of the House, and 2
from among private citizens;
(2) 3 members shall be selected by the majority leader of
the Senate, 1 from among Members of the Senate, and 2 from
among private citizens;
(3) 3 members shall be selected by the minority leader of
the House of Representatives, 1 from among Members of the
House, and 2 from among private citizens;
(4) 3 members shall be selected by the minority leader of
the Senate, 1 from among Members of the Senate, and 2 from
among private citizens; and
(5) 5 members shall be selected by the President, 2 from
among officers of the executive branch of the United States
Government, and 3 from among private citizens.
The Commissioner of Social Security shall be an ex officio, nonvoting
member of the Commission.
(b) Qualifications.--The members of the Commission shall consist of
individuals who are of recognized standing and distinction who can
represent the multiple generations who have a stake in the viability of
the Social Security system, and who possess a demonstrated capacity to
discharge the duties imposed on the Commission. At least 1 of the
members shall be appointed from individuals representing the interests
of employees, and at least 1 of the members shall be appointed from
individuals representing the interests of employers.
(c) Chair.--The officials referred to in paragraphs (1) through (5)
of subsection (a) shall designate a member of the Commission to serve
as Chair of the Commission (or 2 of the members of the Commission to
serve as Co-Chairs of the Commission) who shall chair (or jointly
chair) the Commission, determine its duties, and supervise its staff.
(d) Terms of Appointment.--The members of the Commission shall be
appointed not more than 30 days after the date of the enactment of this
Act. The members of the Commission shall serve for the life of the
Commission.
(e) Vacancies.--A vacancy in the Commission shall not affect the
power of the remaining members to execute the duties of the Commission
but any such vacancy shall be filled in the same manner in which the
original appointment was made.
SEC. 6. PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of its Chair
(or Co-Chairs) or a majority of its members. If after 30 days after the
date of the enactment of this Act, 9 or more members of the Commission
have been appointed, members who have been appointed may meet and
select the Chair (or Co-Chairs) who thereafter shall have the authority
to begin the operations of the Commission, including the hiring of
staff.
(b) Quorum.--A quorum shall consist of nine members of the
Commission, except that a lesser number may conduct a hearing under
subsection (c).
(c) Hearings and Other Activities.--For the purpose of carrying out
its duties, the Commission may hold such hearings and undertake such
other activities as the Commission determines necessary to carry out
its duties.
(d) Obtaining Information.--Upon request of the Commission, the
Commissioner of Social Security and the head of any other agency or
instrumentality of the Federal Government shall furnish information
deemed necessary by the panel to enable it to carry out its duties.
SEC. 7. ADMINISTRATION.
(a) Compensation.--Except as provided in subsection (b), members of
the Commission shall receive no additional pay, allowances, or benefits
by reason of their service on the Commission.
(b) Travel Expenses and Per Diem.--Each member of the Commission
who is not a present Member of the Congress and who is not otherwise an
officer or employee of the Federal Government shall receive travel
expenses and per diem in lieu of subsistence in accordance with
sections 5702 and 5703 of title 5, United States Code.
(c) Staff and Support Services.--
(1) Staff director.--
(A) Appointment.--The Chair (or Co-Chairs) in
accordance with the rules agreed upon by the Commission
shall appoint a staff director for the Commission.
(B) Compensation.--The staff director shall be paid
at a rate not to exceed the rate established for level
V of the Executive Schedule under section 5315 of title
5, United States Code.
(2) Staff.--The Chair (or Co-Chairs) in accordance with the
rules agreed upon by the Commission shall appoint such
additional personnel as the Commission determines to be
necessary.
(3) Applicability of civil service laws.--The staff
director and other members of the staff of the Commission shall
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and shall be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates.
(4) Experts and consultants.--With the approval of the
Commission, the staff director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(d) Physical Facilities.--The Architect of the Capitol, in
consultation with the appropriate entities in the legislative branch,
shall locate and provide suitable office space for the operation of the
Commission on a nonreimbursable basis. The facilities shall serve as
the headquarters of the Commission and shall include all necessary
equipment and incidentals required for the proper functioning of the
Commission.
(e) Administrative Support Services and Other Assistance.--
(1) Upon the request of the Commission, the Architect of
the Capitol, the Commissioner of Social Security, and the
Administrator of General Services shall provide to the
Commission on a nonreimbursable basis such administrative
support services as the Commission may request.
(2) In addition to the assistance set forth in paragraphs
(1) and (2), departments and agencies of the United States may
provide the Commission such services, funds, facilities, staff,
and other support services as the Commission may deem advisable
and as may be authorized by law.
(g) Use of Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as Federal agencies
and shall, for purposes of the frank, be considered a commission of
Congress as described in section 3215 of title 39, United States Code.
(h) Printing.--For purposes of costs relating to printing and
binding, including the cost of personnel detailed from the Government
Printing Office, the Commission shall be deemed to be a committee of
the Congress.
SEC. 8. REPORT.
Not later than 6 months after the date of the first meeting of the
Commission, the Commission shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate a report which shall contain a detailed statement of the
findings and conclusions of the Commission, including the set of
recommendations required under section 4. The report shall be approved
by at least nine members of the Commission.
SEC. 9. TERMINATION.
The Commission shall terminate 30 days after submitting its final
report.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for the activities of the Commission. Until such time as
funds are otherwise specifically appropriated for such activities,
$2,000,000 shall be available for the activities of the Commission from
funds otherwise currently appropriated for administrative expenses of
the Social Security Administration pursuant to section 201(g)(1)(A) of
the Social Security Act. | Bipartisan Commission on Social Security Reform Act of 2001 - Establishes in the legislative branch a Bipartisan Commission on Social Security Reform to design a single set of legislative and administrative recommendations for long-range reforms for: (1) restoring the solvency of the Social Security system; and (2) maintaining retirement income security in the United States. | {"src": "billsum_train", "title": "To establish a Bipartisan Commission on Social Security Reform."} | 2,224 | 71 | 0.492346 | 1.27111 | 0.888137 | 5.203125 | 33.09375 | 0.984375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Delaware River Basin Conservation
Act of 2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Delaware River Basin is a national treasure of
great cultural, environmental, and ecological importance;
(2) the Basin contains over 12,500 square miles of land in
the States of Delaware, New Jersey, New York, and Pennsylvania,
including nearly 800 square miles of bay and more than 2,000
tributary rivers and streams;
(3) the Basin is home to more than 8,000,000 people who
depend on the Delaware River and the Delaware Bay as an
economic engine, a place of recreation, and a vital habitat for
fish and wildlife;
(4) the Basin provides clean drinking water to more than
15,000,000 people, including New York City, which relies on the
Basin for approximately half of the drinking water supply of
the city, and Philadelphia, whose most significant threat to
the drinking water supply of the city is forest clearing in the
Upper Basin, according to a study conducted by the Philadelphia
Water Department;
(5) almost 180 species of fish and wildlife are considered
special status species in the Basin due to habitat loss and
degradation, particularly sturgeon, eastern oyster, and red
knots, which have been identified as unique species in need of
habitat improvement;
(6) the Basin provides habitat for over 200 resident and
migrant fish species, includes significant recreational
fisheries, and is a prolific source of eastern oyster, blue
crab, and the largest population of the American horseshoe
crab;
(7) as of the date of enactment of this Act, oyster
landings in the Delaware Bay are at 100,000 bushels, down from
the 500,000 bushels that were harvested in the 1980s, due, in
part, to water pollution and disease;
(8) the Delaware Bay has the second largest concentration
of shorebirds in North America and is designated as one of the
four most important shorebird migration sites in the world;
(9) the Basin, 50 percent of which is forested, also has
1,000,000 acres of wetland, more than 126,000 acres of which
are recognized as internationally important, resulting in a
landscape that provides essential ecosystem services, including
recreation, commercial, and water-quality benefits;
(10) much of the remaining exemplary natural landscape in
the Basin is vulnerable to further degradation, as the Basin
gains approximately 14 square miles of developed land annually,
and with new development, urban watersheds are increasingly
covered by impervious surfaces, amplifying the quantity of
polluted runoff into rivers and streams;
(11) the Delaware River is the longest undammed river east
of the Mississippi, and a critical component of the National
Wild and Scenic Rivers System in the Northeast;
(12) management of water volume in the Basin is critical to
flood mitigation and habitat for fish and wildlife, and
following 3 major floods along the Delaware River since 2004,
the Governors of the States of Delaware, New Jersey, New York,
and Pennsylvania have called for natural flood damage reduction
measures to combat the problem, including restoring the
function of riparian corridors;
(13) the Delaware River Port Complex (including docking
facilities in the States of Delaware, New Jersey, and
Pennsylvania) is the largest freshwater port in the world, the
Port of Philadelphia handles the largest volume of
international tonnage and 70 percent of the oil shipped to the
East Coast, and the Port of Wilmington, a full-service
deepwater port and marine terminal, is the busiest terminal on
the Delaware River, handling more than 400 vessels per year
with an annual import/export cargo tonnage of more than
4,000,000 tons;
(14) the Delaware Estuary, where freshwater from the
Delaware River mixes with saltwater from the Atlantic Ocean, is
one of the largest and most complex of the 28 estuaries in the
National Estuary Program, and the Partnership for the Delaware
Estuary works to improve the environmental health of the
Delaware Estuary;
(15) the Delaware River Basin Commission is a Federal-
interstate compact government agency charged with overseeing a
unified approach to managing the river system and implementing
important water resources management projects and activities
throughout the Basin that are in the national interest; and
(16) restoration activities in the Basin are supported
through several Federal and State agency programs, and funding
for those important programs should continue and complement the
establishment of the Delaware River Basin Restoration Program,
which is intended to build on and help coordinate restoration
and protection funding mechanisms at the Federal, State,
regional, and local levels.
SEC. 3. DEFINITIONS.
In this Act:
(1) Basin.--The term ``Basin'' means the 4-State Delaware
Basin region, including all of Delaware Bay and portions of the
States of Delaware, New Jersey, New York, and Pennsylvania
located in the Delaware River watershed.
(2) Basin state.--The term ``Basin State'' means each of
the States of Delaware, New Jersey, New York, and Pennsylvania.
(3) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(4) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation, a congressionally chartered
foundation established by section 2 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701).
(5) Grant program.--The term ``grant program'' means the
Delaware River Basin restoration grant program established
under section 5.
(6) Program.--The term ``program'' means the Delaware River
Basin restoration program established under section 4.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director.
(8) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
SEC. 4. PROGRAM ESTABLISHMENT.
(a) Establishment.--Not later than 180 days after amounts are made
available to carry out this Act, the Secretary shall establish a
program to be known as the ``Delaware River Basin restoration
program''.
(b) Duties.--In carrying out the program, the Secretary shall--
(1) draw on existing and new management plans for the Basin
and work in consultation with applicable management entities,
including representatives of the Partnership for the Delaware
Estuary, the Delaware River Basin Commission, the Federal
Government, and other State and local governments, and regional
and nonprofit organizations, as appropriate, to identify,
prioritize, and implement restoration and protection activities
within the Basin;
(2) adopt an investment strategy that--
(A) supports the implementation of a shared set of
restoration and protection activities developed in
accordance with paragraph (1);
(B) targets cost-effective conservation projects;
and
(C) supports measurable conservation efforts;
(3) establish the grant program in accordance with section
5; and
(4) provide for technical assistance in accordance with
this Act.
(c) Coordination.--In establishing the program, the Secretary shall
consult, as appropriate, with--
(1) the heads of Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Administrator of the National Oceanic
Atmospheric Administration;
(C) the Chief of the Natural Resource Conservation
Service;
(D) the Chief of Engineers of the United States
Army Corps of Engineers;
(E) the Director of the National Park Service; and
(F) the head of any other applicable agency;
(2) the Governors of the Basin States;
(3) the Partnership for the Delaware Estuary;
(4) the Delaware River Basin Commission;
(5) fish and wildlife joint venture partnerships; and
(6) other public agencies and organizations with authority
for the planning and implementation of conservation strategies
in the Basin.
(d) Purposes.--The purposes of the program include--
(1) coordinating restoration and protection activities
among Federal, State, local, and regional entities and
conservation partners throughout the Basin;
(2) carrying out coordinated restoration and protection
activities throughout the Basin and Basin States--
(A) to sustain and enhance habitat restoration and
protection activities;
(B) to sustain and enhance water-quality
improvements, including drinking water quality;
(C) to sustain and enhance water management and
flood damage mitigation improvements to benefit fish
and wildlife habitat;
(D) to improve opportunities for public access and
recreation in the Basin;
(E) to encourage environmentally sensitive land use
planning and development;
(F) to increase the capacity to implement
coordinated restoration and protection activities in
the Basin by conducting public outreach and education
and promoting citizen involvement; and
(G) to coordinate, conduct, and support the
planning, monitoring, and research activities necessary
to carry out coordinated restoration and protection
activities; and
(3) providing competitive grants for technical assistance
to carry out restoration and protection activities in the
Basin, with priority given to activities with multiple
benefits, including habitat, water quality, and flood
protection.
SEC. 5. GRANTS AND ASSISTANCE.
(a) Delaware River Basin Restoration Program.--To the extent that
funds are available to carry out this section, the Secretary shall
establish a grant program to be known as the ``Delaware River Basin
restoration grant program'' to provide competitive matching grants of
varying amounts to State and local governments, nonprofit
organizations, community organizations, institutions of higher
education, and other eligible entities to carry out activities
described in section 4(d).
(b) Criteria.--The Secretary, in consultation with the
organizations described in section 4(c), shall develop criteria for the
grant program to help ensure that activities funded under this section
accomplish one or more of the following:
(1) Restoration or protection of fish and wildlife species
and the habitats of those species.
(2) Improvement or protection of water quality by reducing
nonpoint and point source pollutants.
(3) Reduction or improvement of the management of water
volume and flooding.
(4) Inclusion of priority needs or actions identified in
the single investment strategy adopted under section 4(b)(2).
(5) Inclusion of restoration and protection activities with
multiple benefits in the Basin, including habitat, water
quality, and flood damage reduction.
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of a
project funded under the grant program shall not exceed 75
percent of the total cost of the activity, as determined by the
Secretary.
(2) Non-federal share.--The non-Federal share of the cost
of a project funded under the grant program may be provided in
cash or in the form of an in-kind contribution of services or
materials.
(d) Administration.--
(1) In general.--The Secretary may enter into an agreement
to manage the grant program with the National Fish and Wildlife
Foundation or a similar organization with applicable expertise.
(2) Funding.--If the Secretary enters into an agreement
under paragraph (1), the organization selected shall--
(A) for each fiscal year, receive amounts to carry
out this section in an advance payment of the entire
amount on October 1, or as soon as practicable
thereafter, of that fiscal year;
(B) invest and reinvest those amounts for the
benefit of the grant program; and
(C) otherwise administer the grant program to
support partnerships between the public and private
sectors in accordance with this Act.
(3) Requirements.--If the Secretary enters into an
agreement with the Foundation under paragraph (1), any amounts
received by the Foundation under this section shall be subject
to the National Fish and Wildlife Foundation Establishment Act
(16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act
(16 U.S.C. 3709(a)).
(e) Technical Assistance.--The Secretary may provide, or provide
for, technical assistance to carry out this section, on a
nonreimbursable basis, to--
(1) other Federal agencies;
(2) State and local governments;
(3) nonprofit organizations;
(4) community organizations;
(5) institutions of higher education; or
(6) other entities, as the Secretary determines to be
appropriate.
SEC. 6. ANNUAL REPORTS.
Not later than 180 days after the date of enactment of this Act and
annually thereafter, the Secretary shall submit to Congress a report on
the implementation of this Act, including a description of each project
that has received funding under this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The U.S. Fish and Wildlife Service shall use funds
within its existing budgetary authority to carry out this Act.
(b) Use.--Of any amount made available for each fiscal year, the
Secretary shall use at least 75 percent to carry out the grant program
and to provide, or provide for, technical assistance under section
5(e). | Delaware River Basin Conservation Act of 2011 - Requires the Director of the United States Fish and Wildlife Service to establish a Delaware River Basin restoration program, under which the Director shall: (1) draw on management plans for the four-state Delaware Basin region (defined as including all of Delaware Bay and portions of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed) and work in consultation with applicable management entities, including representatives of the Partnership for the Delaware Estuary, the Delaware River Basin Commission, the federal government, other state and local governments, and regional and nonprofit organizations to identify, prioritize, and implement restoration and protection activities within the Basin; and (2) adopt an investment strategy that supports the implementation of such activities, targets cost-effective conservation projects, and supports measurable conservation efforts.
Requires the Director to: (1) provide technical assistance to carry out the restoration program; and (2) establish the Delaware River Basin restoration grant program to provide competitive matching grants to carry out the restoration program. Requires the Director to develop criteria to ensure that funded activities: (1) restore or protect fish and wildlife species and their habitats; (2) improve or protect water quality by reducing nonpoint and point source pollutants; (3) reduce or improve management of water volume and flooding; (4) include priority needs or actions identified in the investment strategy; and/or (5) include restoration and protection activities with multiple benefits in the Basin, including habitat, water quality, and flood damage reduction. Limits the federal share of the total cost of a funded project to 75%. Authorizes the Director to contract with the National Fish and Wildlife Foundation or another organization with applicable expertise to manage the grant program. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to establish a program to build on and help coordinate funding for restoration and protection efforts of the 4-State Delaware River Basin region, and for other purposes."} | 2,728 | 355 | 0.53171 | 1.616341 | 0.730745 | 4.558824 | 7.823529 | 0.947059 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Victims of Anthrax
Tax Relief Act of 2001''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; etc.
Sec. 2. Income and employment taxes of victims of terrorist attacks.
Sec. 3. Estate tax reduction.
Sec. 4. Payments by charitable organizations treated as exempt
payments.
Sec. 5. Exclusion of certain cancellations of indebtedness.
Sec. 6. No impact on social security trust funds.
SEC. 2. INCOME AND EMPLOYMENT TAXES OF VICTIMS OF ANTHRAX.
(a) In General.--Section 692 (relating to income taxes of members
of Armed Forces on death) is amended by adding at the end the following
new subsection:
``(d) Individuals Dying as a Result of Anthrax Attacks.--
``(1) In general.--In the case of any individual who dies
as a result of illness incurred as a result of a terrorist
attack involving anthrax occurring on or after September 11,
2001, and before January 1, 2002, any tax imposed by this
subtitle shall not apply--
``(A) with respect to the taxable year in which
falls the date of such individual's death, and
``(B) with respect to any prior taxable year in the
period beginning with the last taxable year ending
before the taxable year in which the wounds, injury, or
illness were incurred.
``(2) Exceptions.--
``(A) Taxation of certain benefits.--Subject to
such rules as the Secretary may prescribe, paragraph
(1) shall not apply to the amount of any tax imposed by
this subtitle which would be computed by only taking
into account the items of income, gain, or other
amounts attributable to--
``(i) amounts payable in the taxable year
by reason of the death of an individual
described in paragraph (1) which would have
been payable in such taxable year if the death
had occurred by reason of an event other than
an event described in paragraph (1), or
``(ii) amounts payable in the taxable year
which would not have been payable in such
taxable year but for an action taken after the
date of the applicable terrorist attack.
``(B) No relief for perpetrators.--Paragraph (1)
shall not apply with respect to any individual
identified by the Attorney General to have been a
participant or conspirator in any event described in
paragraph (1), or a representative of such
individual.''.
(b) Refund of Other Taxes Paid.--Section 692, as amended by
subsection (a), is amended by adding at the end the following new
subsection:
``(e) Refund of Other Taxes Paid.--In determining the amount of tax
under this section to be credited or refunded as an overpayment with
respect to any individual for any period, such amount shall be
increased by an amount equal to the amount of taxes imposed and
collected under chapter 21 and sections 3201(a), 3211(a)(1), and
3221(a) with respect to such individual for such period.''.
(c) Conforming Amendments.--
(1) Section 5(b)(1) is amended by inserting ``and victims
of certain terrorist attacks'' before ``on death''.
(2) Section 6013(f)(2)(B) is amended by inserting ``and
victims of certain terrorist attacks'' before ``on death''.
(d) Clerical Amendments.--
(1) The heading of section 692 is amended to read as
follows:
``SEC. 692. INCOME AND EMPLOYMENT TAXES OF MEMBERS OF ARMED FORCES AND
VICTIMS OF CERTAIN TERRORIST ATTACKS ON DEATH.''.
(2) The item relating to section 692 in the table of
sections for part II of subchapter J of chapter 1 is amended to
read as follows:
``Sec. 692. Income and employment taxes
of members of Armed Forces and
victims of certain terrorist
attacks on death.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after September 11, 2001.
SEC. 3. ESTATE TAX REDUCTION.
(a) In General.--Section 2201 is amended to read as follows:
``SEC. 2201. COMBAT ZONE-RELATED DEATHS OF MEMBERS OF THE ARMED FORCES
AND DEATHS OF VICTIMS OF CERTAIN TERRORIST ATTACKS.
``(a) In General.--Unless the executor elects not to have this
section apply, in applying section 2001 to the estate of a qualified
decedent, the rate schedule set forth in subsection (c) shall be deemed
to be the rate schedule set forth in section 2001(c).
``(b) Qualified Decedent.--For purposes of this section, the term
`qualified decedent' means--
``(1) any citizen or resident of the United States dying
while in active service of the Armed Forces of the United
States, if such decedent--
``(A) was killed in action while serving in a
combat zone, as determined under section 112(c), or
``(B) died as a result of wounds, disease, or
injury suffered while serving in a combat zone (as
determined under section 112(c)), and while in the line
of duty, by reason of a hazard to which such decedent
was subjected as an incident of such service, or
``(2) any individual who died as a result of illness
incurred as a result of a terrorist attack involving anthrax
occurring on or after September 11, 2001, and before January 1,
2002.
Paragraph (2) shall not apply with respect to any individual identified
by the Attorney General to have been a participant or conspirator in
any such terrorist attack, or a representative of such individual.
``(c) Rate Schedule.--
``If the amount with respect to The tentative tax is:
which the tentative tax to
be computed is:
Not over $150,000..............
1 percent of the amount by
which such amount
exceeds $100,000.
Over $150,000 but not over
$200,000.
$500 plus 2 percent of the
excess over $150,000.
Over $200,000 but not over
$300,000.
$1,500 plus 3 percent of the
excess over $200,000.
Over $300,000 but not over
$500,000.
$4,500 plus 4 percent of the
excess over $300,000.
Over $500,000 but not over
$700,000.
$12,500 plus 5 percent of the
excess over $500,000.
Over $700,000 but not over
$900,000.
$22,500 plus 6 percent of the
excess over $700,000.
Over $900,000 but not over
$1,100,000.
$34,500 plus 7 percent of the
excess over $900,000.
Over $1,100,000 but not over
$1,600,000.
$48,500 plus 8 percent of the
excess over $1,100,000.
Over $1,600,000 but not over
$2,100,000.
$88,500 plus 9 percent of the
excess over $1,600,000.
Over $2,100,000 but not over
$2,600,000.
$133,500 plus 10 percent of the
excess over $2,100,000.
Over $2,600,000 but not over
$3,100,000.
$183,500 plus 11 percent of the
excess over $2,600,000.
Over $3,100,000 but not over
$3,600,000.
$238,500 plus 12 percent of the
excess over $3,100,000.
Over $3,600,000 but not over
$4,100,000.
$298,500 plus 13 percent of the
excess over $3,600,000.
Over $4,100,000 but not over
$5,100,000.
$363,500 plus 14 percent of the
excess over $4,100,000.
Over $5,100,000 but not over
$6,100,000.
$503,500 plus 15 percent of the
excess over $5,100,000.
Over $6,100,000 but not over
$7,100,000.
$653,500 plus 16 percent of the
excess over $6,100,000.
Over $7,100,000 but not over
$8,100,000.
$813,500 plus 17 percent of the
excess over $7,100,000.
Over $8,100,000 but not over
$9,100,000.
$983,500 plus 18 percent of the
excess over $8,100,000.
Over $9,100,000 but not over
$10,100,000.
$1,163,500 plus 19 percent of
the excess over
$9,100,000.
Over $10,100,000...............
$1,353,500 plus 20 percent of
the excess over
$10,100,000.
``(d) Determination of Unified Credit.--In the case of an estate to
which this section applies, subsection (a) shall not apply in
determining the credit under section 2010.''.
(b) Conforming Amendments.--
(1) Section 2011 is amended by striking subsection (d) and
by redesignating subsections (e), (f), and (g) as subsections
(d), (e), and (f), respectively.
(2) Section 2053(d)(3)(B) is amended by striking ``section
2011(e)'' and inserting ``section 2011(d)''.
(3) Paragraph (9) of section 532(c) of the Economic Growth
and Tax Relief Reconciliation Act of 2001 is repealed.
(c) Clerical Amendment.--The item relating to section 2201 in the
table of sections for subchapter C of chapter 11 is amended to read as
follows:
``Sec. 2201. Combat zone-related deaths
of members of the Armed Forces
and deaths of victims of
certain terrorist attacks.''.
(d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying on or after September 11, 2001.
SEC. 4. PAYMENTS BY CHARITABLE ORGANIZATIONS TREATED AS EXEMPT
PAYMENTS.
(a) In General.--For purposes of the Internal Revenue Code of
1986--
(1) payments made by an organization described in section
501(c)(3) of such Code by reason of the death, injury,
wounding, or illness of an individual incurred as the result of
a terrorist attack involving anthrax occurring on or after
September 11, 2001, and before January 1, 2002, shall be
treated as related to the purpose or function constituting the
basis for such organization's exemption under section 501 of
such Code if such payments are made using an objective formula
which is consistently applied, and
(2) in the case of a private foundation (as defined in
section 509 of such Code), any payment described in paragraph
(1) shall not be treated as made to a disqualified person for
purposes of section 4941 of such Code.
(b) Effective Date.--This section shall apply to payments made on
or after September 11, 2001.
SEC. 5. EXCLUSION OF CERTAIN CANCELLATIONS OF INDEBTEDNESS.
(a) In General.--For purposes of the Internal Revenue Code of
1986--
(1) gross income shall not include any amount which (but
for this section) would be includible in gross income by reason
of the discharge (in whole or in part) of indebtedness of any
taxpayer if the discharge is by reason of the death of an
individual incurred as the result of a terrorist attack
involving anthrax occurring on or after September 11, 2001, and
before January 1, 2002, and
(2) return requirements under section 6050P of such Code
shall not apply to any discharge described in paragraph (1).
(b) Effective Date.--This section shall apply to discharges made on
or after September 11, 2001, and before January 1, 2002.
SEC. 6. NO IMPACT ON SOCIAL SECURITY TRUST FUND.
(a) In General.--Nothing in this Act (or an amendment made by this
Act) shall be construed to alter or amend title II of the Social
Security Act (or any regulation promulgated under that Act).
(b) Transfers.--
(1) Estimate of secretary.--The Secretary of the Treasury
shall annually estimate the impact that the enactment of this
Act has on the income and balances of the trust funds
established under section 201 of the Social Security Act (42
U.S.C. 401).
(2) Transfer of funds.--If, under paragraph (1), the
Secretary of the Treasury estimates that the enactment of this
Act has a negative impact on the income and balances of the
trust funds established under section 201 of the Social
Security Act (42 U.S.C. 401), the Secretary shall transfer, not
less frequently than quarterly, from the general revenues of
the Federal Government an amount sufficient so as to ensure
that the income and balances of such trust funds are not
reduced as a result of the enactment of this Act. | Victims of Anthrax Tax Relief Act of 2001 - Amends the Internal Revenue Code to modify the tax treatment of any individual who died as a result of the anthrax attacks on or after September 11, 2001, and before January 1, 2002 with regard to income, employment, and estate taxes.Treats as exempt payments made by charitable organizations by reason of such deaths.Excludes from gross income amounts from the discharge of indebtedness as a result of such deaths. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide tax relief for victims of the terrorist attacks against the United States involving anthrax."} | 2,915 | 107 | 0.622152 | 1.68572 | 1.090598 | 3.988506 | 30.218391 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Law Enforcement Enhancement
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is the obligation of the Federal Government of the
United States to adequately secure the Nation's borders and
prevent the flow of undocumented persons and illegal drugs into
the United States.
(2) Despite the fact that the United States Border Patrol
apprehends over 1,000,000 people each year trying to illegally
enter the United States, according to the Congressional
Research Service, the net growth in the number of unauthorized
aliens has increased by approximately 500,000 each year. The
southwest border accounts for approximately 94 percent of all
migrant apprehensions each year. Currently, there are an
estimated 11,000,000 unauthorized aliens in the United States.
(3) The border region is also a major corridor for the
shipment of drugs. According to the El Paso Intelligence
Center, 65 percent of the narcotics that are sold in the
markets of the United States enter the country through the
Southwest Border.
(4) Border communities continue to incur significant costs
due to the lack of adequate border security. A 2001 study by
the United States-Mexico Border Counties Coalition found that
law enforcement and criminal justice expenses associated with
illegal immigration exceed $89,000,000 annually for the
Southwest border counties.
(5) In August 2005, the States of New Mexico and Arizona
declared states of emergency in order to provide local law
enforcement immediate assistance in addressing criminal
activity along the Southwest border.
(6) While the Federal Government provides States and
localities assistance in covering costs related to the
detention of certain criminal aliens and the prosecution of
Federal drug cases, local law enforcement along the border are
provided no assistance in covering such expenses and must use
their limited resources to combat drug trafficking, human
smuggling, kidnappings, the destruction of private property,
and other border-related crimes.
(7) The United States shares 5,525 miles of border with
Canada and 1,989 miles with Mexico. Many of the local law
enforcement agencies located along the border are small, rural
departments charged with patrolling large areas of land.
Counties along the Southwest United States-Mexico border are
some of the poorest in the country and lack the financial
resources to cover the additional costs associated with illegal
immigration, drug trafficking, and other border-related crimes.
(8) Federal assistance is required to help local law
enforcement operating along the border address the unique
challenges that arise as a result of their proximity to an
international border and the lack of overall border security in
the region.
SEC. 3. BORDER RELIEF GRANT PROGRAM.
(a) In General.--From amounts made available under section 4, the
Secretary of Homeland Security may make grants to--
(1) sheriffs' offices of counties any part of which is
within 25 miles of the southern border of the United States;
and
(2) police departments serving a city, town, or other
political subdivision in a county any part of which is within
25 miles of the southern border of the United States (including
tribal police departments serving a community any part of which
is within 25 miles of such border).
(b) Use of Funds.--
(1) In general.--Grant funds received under subsection (a)
may be used for the following:
(A) To conduct law enforcement operations in order
to enforce criminal laws, prevent and punish criminal
activity, and protect the lives, property, and security
of the people within the jurisdiction of the grant
recipient.
(B) To transfer aliens detained or in the custody
of the grant recipient who are not lawfully present in
the United States to appropriate Federal law
enforcement officials.
(C) To enforce State and Federal laws relating to
controlled substance trafficking and enforce other
State and Federal criminal laws.
(2) Payment of costs.--Use of funds under paragraph (1)
shall include payment for costs of--
(A) hiring, equipping, training, and otherwise
controlling the operations and deployment of, law
enforcement officials engaged in duties described in
paragraph (1), as well as the costs of paying overtime
to such officials; and
(B) detaining, housing, and transporting aliens who
are not lawfully present in the United States, and who
are taken into custody by the grant recipient, until
the aliens are transferred to appropriate Federal law
enforcement officials.
(3) Detention facilities.--In accordance with paragraph
(2)(B), grant funds received under subsection (a) may be used
for the construction, maintenance, and operation of detention
facilities to detain aliens who are unlawfully present in the
United States, except that not more than 20 percent of such
funds may be used for the construction or renovation of
detention or similar facilities.
(c) Application.--
(1) In general.--Each eligible law enforcement agency
seeking a grant under this section shall submit an application
to the Secretary of Homeland Security at such time, in such
manner, and accompanied by such information as the Secretary of
Homeland Security may reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought; and
(B) provide such additional assurances as the
Secretary of Homeland Security determines to be
essential to ensure compliance with the requirements of
this section.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Homeland Security to carry out this Act $150,000,000 for fiscal year
2008 and each succeeding fiscal year.
SEC. 5. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
Nothing in this Act shall be construed to authorize State or local
law enforcement agencies or their officers to exercise Federal
immigration law enforcement authority.
SEC. 6. REGULATIONS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall issue regulations to carry out
this Act. | Border Law Enforcement Enhancement Act - Authorizes the Secretary of Homeland Security to make grants to sheriff's offices and local and tribal police departments in jurisdictions within 25 miles of the U.S. southern border for: (1) law enforcement operations; (2) detention (including construction and operation of detention facilities) and transfer of illegal aliens to federal authorities; (3) enforcement of substance trafficking laws and other state and federal criminal laws; and (4) hiring, equipping, training, and overtime.
States that nothing in this Act shall be construed to authorize state or local law enforcement agencies to exercise federal immigration law enforcement authority. | {"src": "billsum_train", "title": "To authorize the Secretary of Homeland Security to make grants to hire, train, and equip local law enforcement officials on and near the southern border of the United States, as well as to reimburse the costs of paying overtime to such officials, and for other purposes."} | 1,273 | 132 | 0.474981 | 1.301339 | 0.618653 | 3.785124 | 10.198347 | 0.958678 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) In the 1830s, members of the Cherokee Nation were
removed from their lands in the southeastern United States and
forced to migrate to Oklahoma along a route known as the Trail
of Tears. Among those persons forced to migrate were the Black
slaves of Cherokees, free Blacks married to Cherokees, and the
children of mixed-race families, known now as the ``Black
Cherokees''.
(2) In 1861, the Cherokee Nation executed a treaty with the
Confederate States of America, thereby severing its relations
with the United States Government. Members of the Cherokee
Nation held positions in the Congress and military of the
Confederate States of America and waged war against the United
States during the Civil War.
(3) Following the Civil War, the United States
reestablished relations with the Cherokee Nation through the
Treaty of 1866. The Treaty of 1866 declared that the Black
Cherokees, also known as ``Cherokee Freedmen'', were to be made
citizens of the Cherokee Nation and to have all the rights of
Cherokees.
(4) The Treaty of 1866 further guarantees the following:
(A) Laws ``shall be uniform throughout said
nation'' and that if ``any law, either in its
provisions or in the manner of its enforcement, in the
opinion of the President of the United States, operate
unjustly in [the Freedmen] district, he is hereby
authorized and empowered to correct such evil.''.
(B) The Cherokee Freedmen are given the right to
elect officials and to representation ``according to
numbers'' on the national council.
(5) Following the Treaty of 1866, the Cherokee National
Council amended its constitution to guarantee the Cherokee
Freedmen full rights as citizens of the Cherokee Nation.
(6) Also following the Treaty of 1866, the Courts upheld
the Cherokee Freedmen's treaty rights, including--
(A) in 1895, the Court of Claims held that the
Cherokee Freedmen were entitled to share in the tribe's
land sale proceeds and the Cherokee Nation's
sovereignty could not be exercised in a manner that
breached the nation's treaty obligations to the United
States (Whitmire, Trustee for the Cherokee Freedmen v.
Cherokee Nation, 30 CT Cl. 138, 180 (CT Cl. 1895); and
(B) in 1906, the Supreme Court noted that the
Cherokee Freedmen are citizens of the Cherokee Nation
entitled to the same property rights as other members
of the Cherokee Nation under the Treaty of 1866 (Red
Bird v. United States, 203 U.S. 76, 84).
(7) In a December 19, 2006, ruling in Vann v. Kempthorne,
the United States District Court for the District of Columbia
found that in 1906, the Dawes Commission registered members of
the Cherokee Nation under separate categories: the ``Freedmen
Roll'' for the Black Cherokees and the ``Blood Roll'' for other
Cherokees. Individuals possessing African blood were placed on
the Freedmen Roll, where no levels of Indian blood were
recorded. Those possessing no African blood were placed on the
Blood Roll, where levels of Indian blood were recorded. The
Dawes Commission declared that persons recorded on the Freedmen
Roll were on equal footing with those on the Blood Roll.
(8) In 1970, Congress passed the ``Principal Chiefs Act''
requiring the Chickasaw, Choctaw, Creek, Seminole, and Cherokee
Nations to obtain approval for their voting laws for selection
of the principal chief. The Department of the Interior drafted
a policy stating that it was not necessary that each of these
groups have identical or similar regulations, but that three
conditions are deemed fundamental to the democratic selection
of a principal tribal official. One of the three conditions
stipulated by the Department is that voter qualifications of
the Cherokees must be broad enough to include the enrolled
Cherokee Freedmen citizens.
(9) In May 2003, the Cherokee Nation held an election for
its officers and ratification of a new constitution. The vote
proposed to amend the 1999 constitution of the Cherokee Nation
by removing the requirement that the United States Department
of the Interior and Bureau of Indian Affairs approve amendments
to the Cherokee Nation Constitution. The Cherokee Freedmen were
not permitted to vote or run for office. The election violated
the Treaty of 1866, the 13th Amendment to the United States
Constitution, the Principal Chiefs Act of 1970, and the
Department of the Interior's guidance on the ratification of a
new constitution.
(10) In May 2003, the Cherokee Nation held an election for
its officers and the ratification of a new constitution. The
new constitution removed the requirement that the United States
Department of the Interior and the Bureau of Indian Affairs
approve amendments to the Cherokee Nation constitution. The
Cherokee Freedmen were not permitted to vote in this election.
The election violated the Treaty of 1866, the 13th Amendment to
the United States Constitution, and the Principal Chiefs Act of
1970.
(11) The Department of the Interior has not recognized the
May 2003 vote to amend the Cherokee Nation's constitution. The
Cherokee Nation has subsequently removed its request for
approval from the Department of the Interior.
(12) Currently, the Cherokee Nation operates under a
Principal Chief elected in violation to the 1970 Principal
Chiefs Act and Treaty of 1866, a National Council constituted
without Cherokee Freedmen representatives in violation of the
Treaty of 1866, and a Constitution not approved by the United
States pursuant to Article XV, Section 10 of the 1975 Cherokee
Nation Constitution.
(13) In May 2003, the Cherokee Nation renamed its highest
court, formerly named the Judicial Appeals Tribunal and newly
renamed the Supreme Court, after the Judicial Appeals Tribunal
ruled in a 2-1 decision that the Cherokee Freedmen were
entitled to citizenship pursuant to the 1975 Cherokee Nation
constitution. Pursuant to the new May 2003 constitution, which
still has not been approved by the Department of the Interior,
the illegally elected Principal Chief appointed two additional
judges to the Supreme Court. The panel of five Supreme Court
judges ruled in a 3-2 decision that the Cherokee Nation could
hold a vote on the tribal status of the Cherokee Freedmen.
(14) Operating under the unapproved Constitution, the
Cherokee Nation held an election in March 2007, to remove the
Cherokee Freedmen from the Cherokee Nation. In a vote of less
than 4 percent of the total Cherokee Nation population, the
voters elected to remove Cherokee Freedmen not on the Dawes
blood rolls from the Nation.
(15) In May 2007, the Cherokee Nation leadership determined
that it would allow registered Freedmen to vote in the June 23,
2007 election for tribal officers. Despite the Cherokee
Nation's decision to allow Freedmen to vote, Freedmen's rights
as members of the Cherokee Nation are severely restricted:
Freedmen are not allowed to run for office in the June 2007
election in violation of the Treaty of 1866; the registration
of Freedmen entitled to Cherokee citizenship under the 1906
Dawes Rolls has been halted; and the election is to be held
under provisions of an unapproved constitution and in violation
of the 1970 Principal Chiefs Act that requires the Cherokee
leadership to submit its voting requirements for the election
to the Secretary of the Interior for his approval. Further, the
actions of the Cherokee Nation in halting citizenship
application processing and voter registration of Freedmen have
disproportionately reduced the number of Freedmen voters that
can participate in the election.
(16) The manner in which the Cherokee Nation is conducting
the relationship between the United States and the tribal
entity is not in the best interest of the United States
Government, citizens of the Cherokee Nation, and violates
existing treaties and laws governing the relationship between
the United States Government and the Cherokee Nation.
(17) Current efforts of the Cherokee Nation to expel
members of the Cherokee Freedmen from the tribal rolls and
abolish Department of the Interior oversight are being pursued
in violation of the treaty rights extended to the Cherokee
Freedmen in a treaty agreement between the United States and
Cherokee Nation in the 1866 Treaty and in violation of Freedmen
citizenship under the federally approved Cherokee Nation
constitution of 1975.
(18) The Department of the Interior has failed to uphold
its fiduciary responsibility by recognizing the May 2003
Cherokee Nation election for Principal Chief in which Freedmen
were not allowed to vote in violation of the Principal Chiefs
Act and the Treaty of 1866 and by failing to take any
administrative action against the Cherokee Nation leadership
for its decision to sanction a referendum in March 2007 in
which the Freedmen were expelled from the Cherokee Nation.
SEC. 2. SEVERANCE OF RELATIONS WITH THE CHEROKEE NATION.
(a) In General.--The United States hereby severs all relations with
the Cherokee Nation, including all financial obligations or otherwise,
until such time as the Cherokee Nation is meeting all of its treaty
obligations and other federal statutory obligations (including all
obligations of the Treaty of 1866, the Principal Chiefs Act, holding
elections for tribal leaders that are in compliance with the Act, and
has restored the rights of all Cherokee Freedmen disenfranchised from
the Cherokee Nation in the March 3, 2007, Cherokee Nation vote), as
determined by a final certification under section 2(d).
(b) Compliance With the Requirements of the Act.--The Secretary
shall coordinate with all departments and agencies of the United States
Government to ensure that every effort is being made by the United
States Government to comply with this Act.
(c) Reports.--
(1) Federal agencies.--Not later than 30 days after the
date of the enactment of this Act, and continuing annually
until the final certification as determined under section 2(d),
all departments and agencies under the jurisdiction of the
United States Government shall submit a report to the Secretary
describing--
(A) all Federal programs under their jurisdiction
that provide financial assistance and other services to
the Cherokee Nation; and
(B) the efforts that are being undertaken comply
with all requirements of this Act.
(2) Status reports.--Until the Secretary certifies to
Congress that the Cherokee Nation is in compliance with its
treaty obligations, the Secretary shall submit monthly public
reports to Congress on the status of the United States
Government's efforts to ensure that all departments and
agencies of the Federal Government are in compliance with the
requirements of this Act.
(3) Other freedman indians.--Not later than 6 months after
the date of the enactment of this Act, the Secretary shall
issue a public report to Congress on the status of freedmen in
the Cherokee, Choctaw, Chickasaw, Muscogee (Creek), and
Seminole Nations of Oklahoma. The report shall address whether
each of those Indian tribes is complying with all treaty
obligations and Federal laws with respect to its freedmen
members, the level of participation of freedmen in tribal
leadership positions, tribal benefits received by the freedmen,
and previous or current efforts on the part of those Indian
tribes to disenfranchise its freedmen members.
(d) Congressional Certification.--After the Secretary has certified
to Congress that the Cherokee Nation is in full compliance with all its
treaty obligations and Congress approves the Secretary's certification
by a vote taken on a resolution introduced in both chambers of Congress
certifying that the Cherokee Nation is in full compliance with its
treaty obligations, the final certification of the Cherokee Nation's
treaty compliance shall take effect.
SEC. 3. SUSPENSION OF RIGHT TO CONDUCT GAMING OPERATIONS.
(a) In General.--The Cherokee Nation's authority to conduct gaming
regulated under the Indian Gaming Regulatory Act and to administer any
funds from such gaming are suspended until such time that the Cherokee
Nation is in compliance with all treaty and other obligations with the
United States, as determined by a final certification under section
2(d).
(b) Report.--Not later than 30 days after the date of the enactment
of this Act, the National Indian Gaming Commission shall submit a
report to Congress detailing the actions that have been taken to
enforce subsection (a).
SEC. 4. DEFINITIONS.
(a) ``Cherokee''and ``Cherokee Nation''.--The terms ``Cherokee''
and ``Cherokee Nation'' mean the Cherokee Nation of Oklahoma.
(b) ``Cherokee Freedmen'', ``Freedmen'', and ``Black Cherokees''.--
The terms ``Cherokee Freedmen'', ``Freedmen'', and ``Black Cherokees''
refer to individuals who can trace their ancestry to individuals listed
on the 1906 Dawes Commission Roles for the Cherokee Freedmen.
(c) ``Other Freedman Indians''.--The term ``Other Freedmen
Indians'' refers to individuals who can trace their ancestry to the
1906 Dawes Commission Rolls who are members of the Choctaw, Chickasaw,
Muscogee (Creek), and Seminole Nations.
(d) Secretary.--The term ``Secretary'' means the Secretary of the
Interior.
SEC. 5. NONCOMPLIANCE.
(a) Effective Date.--Notwithstanding any decision by Congress under
section 2(d) of this Act, the provisions of this Act shall again take
effect if at any future date the Secretary certifies to Congress that
the Cherokee Nation of Oklahoma is not in full compliance with its
treaty obligations or Federal statutes that govern its relations with
the United States Government.
(b) Private Action.--Any Cherokee Freedmen shall have a private
right to bring actions for injunctive relief, declaratory relief, or
monetary damages against the Cherokee Nation of Oklahoma, officials of
the Cherokee Nation of Oklahoma, or Federal officials for noncompliance
with this Act or for violations of the terms of the Treaty of 1866, the
13th Amendment to the United States Constitution, or the Indian Civil
Rights Act of 1968. The appropriate Federal courts shall have exclusive
jurisdiction over actions brought under this subsection.
SEC. 6. DEPARTMENT OF JUSTICE.
The Attorney General shall issue a finding on whether the Federal
civil rights of the Cherokee Freedmen have been violated by either the
Cherokee Nation of Oklahoma or the Department of the Interior, or both.
Individual Freedmen shall also have a private right of action to compel
the Attorney General to investigate federal civil rights violations and
provide a determination of whether a violation has occurred within 180
days of submitting a complaint describing the violation in writing.
SEC. 7. GAO REPORT ON EXPENDITURE OF FEDERAL FUNDS.
The Government Accountability Office shall issue a public report to
Congress detailing for each of the 5 years ending immediately before
the report was completed the Cherokee Nation's expenditure of all
Federal funds. The report shall include an analysis of Federal funds
allocated by the Cherokee Nation's leadership for its member benefits
and services and for administrative and other purposes. The report
shall determine whether or not the Cherokee Nation is in full
compliance with all Federal regulations and laws regarding the
management and disbursement of Federal funds. | Severs the United States relations with the Cherokee Nation of Oklahoma until the Cherokee Nation is meeting all of its treaty obligations and other federal statutory obligations, including all obligations with the Treaty of 1866 and has restored the rights of Cherokee Freedmen disenfranchised from the Cherokee Nation in the March 3, 2007, Cherokee Nation vote to remove them from the Cherokee Nation.
Requires a report from the Government Accountability Office (GAO) on the Cherokee Nation's expenditure of federal funds, as well as other specified reports from federal agencies, the Secretary of the Interior, and the National Indian Gaming Commission.
Suspends the Cherokee Nation's authority to conduct gaming operations until it is in compliance with all treaty and other obligations with the United States.
Grants any Cherokee Freedman a private right to bring actions for injunctive relief, declaratory relief, or monetary damages against the Cherokee Nation, officials of the Cherokee Nation, or federal officials.
Directs the Attorney General to issue a finding on whether the federal civil rights of the Cherokee Freedmen have been violated by the Cherokee Nation and/or the Department of the Interior. | {"src": "billsum_train", "title": "To sever United States' government relations with the Cherokee Nation of Oklahoma until such time as the Cherokee Nation of Oklahoma restores full tribal citizenship to the Cherokee Freedmen disenfranchised in the March 3, 2007, Cherokee Nation vote and fulfills all its treaty obligations with the Government of the United States, and for other purposes."} | 3,338 | 241 | 0.539971 | 1.549901 | 0.686744 | 5.399038 | 14.432692 | 0.966346 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clay Hunt Suicide Prevention for
American Veterans Act'' or the ``Clay Hunt SAV Act''.
SEC. 2. EVALUATIONS OF MENTAL HEALTH CARE AND SUICIDE PREVENTION
PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Evaluations.--
(1) In general.--Not less frequently than once each year,
the Secretary of Veterans Affairs shall provide for the conduct
of an evaluation of the mental health care and suicide
prevention programs carried out under the laws administered by
the Secretary.
(2) Elements.--Each evaluation conducted under paragraph
(1) shall--
(A) use metrics that are common among and useful
for practitioners in the field of mental health care
and suicide prevention;
(B) identify the most effective mental health care
and suicide prevention programs conducted by the
Secretary, including such programs conducted at a
Center of Excellence;
(C) identify the cost-effectiveness of each program
identified under subparagraph (B);
(D) measure the satisfaction of patients with
respect to the care provided under each such program;
and
(E) propose best practices for caring for
individuals who suffer from mental health disorders or
are at risk of suicide, including such practices
conducted or suggested by other departments or agencies
of the Federal Government, including the Substance
Abuse and Mental Health Services Administration of the
Department of Health and Human Services.
(3) Third party.--Each evaluation conducted under paragraph
(1) shall be conducted by an independent third party
unaffiliated with the Department of Veterans Affairs. Such
third party shall submit to the Secretary each such evaluation.
(b) Annual Submission.--Not later than December 1 of each year,
beginning in 2015, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report that contains the following:
(1) The most recent evaluations submitted to the Secretary
under subsection (a)(3) that the Secretary has not previously
submitted to such Committees.
(2) Any recommendations the Secretary considers
appropriate.
SEC. 3. PUBLICATION OF INTERNET WEBSITE TO PROVIDE INFORMATION
REGARDING MENTAL HEALTH CARE SERVICES.
(a) In General.--Using funds made available to the Secretary of
Veterans Affairs to publish the Internet websites of the Department of
Veterans Affairs, the Secretary shall survey the existing Internet
websites and information resources of the Department to publish an
Internet website that serves as a centralized source to provide
veterans with information regarding all of the mental health care
services provided by the Secretary.
(b) Elements.--The Internet website published under subsection (a)
shall provide to veterans information regarding all of the mental
health care services available in the Veteran Integrated Service
Network that the veteran is seeking such services, including, with
respect to each medical center, Vet Center (as defined in section 1712A
of title 38, United States Code), and community-based outpatient center
in the Veterans Integrated Service Network--
(1) the name and contact information of each social work
office;
(2) the name and contact information of each mental health
clinic;
(3) a list of appropriate staff; and
(4) any other information the Secretary determines
appropriate.
(c) Updated Information.--The Secretary shall ensure that the
information described in subsection (b) that is published on the
Internet website under subsection (a) is updated not less than once
every 90 days.
(d) Outreach.--In carrying out this section, the Secretary shall
ensure that the outreach conducted under section 1720F(i) of title 38,
United States Code, includes information regarding the Internet website
published under subsection (a).
SEC. 4. PILOT PROGRAM FOR REPAYMENT OF EDUCATIONAL LOANS FOR CERTAIN
PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION.
(a) Establishment.--The Secretary of Veterans Affairs shall carry
out a pilot program to repay loans of individuals described in
subsection (b) that--
(1) were used by such individuals to finance education
relating to psychiatric medicine, including education leading
to--
(A) a degree of doctor of medicine; or
(B) a degree of doctor of osteopathy; and
(2) were obtained from any of the following:
(A) A governmental entity.
(B) A private financial institution.
(C) A school.
(D) Any other authorized entity as determined by
the Secretary.
(b) Eligible Individuals.--
(1) In general.--Subject to paragraph (2), an individual
eligible for participation in the pilot program is an
individual who--
(A) either--
(i) is licensed or eligible for licensure
to practice psychiatric medicine in the
Veterans Health Administration of the
Department of Veterans Affairs; or
(ii) is enrolled in the final year of a
residency program leading to a specialty
qualification in psychiatric medicine that is
approved by the Accreditation Council for
Graduate Medical Education; and
(B) demonstrates a commitment to a long-term career
as a psychiatrist in the Veterans Health
Administration, as determined by the Secretary.
(2) Prohibition on simultaneous eligibility.--An individual
who is participating in any other program of the Federal
Government that repays the educational loans of the individual
is not eligible to participate in the pilot program.
(c) Selection.--The Secretary shall select not less than 10
individuals described in subsection (b) to participate in the pilot
program for each year in which the Secretary carries out the pilot
program.
(d) Period of Obligated Service.--The Secretary shall enter into an
agreement with each individual selected under subsection (c) in which
such individual agrees to serve a period of 2 or more years of
obligated service for the Veterans Health Administration in the field
of psychiatric medicine, as determined by the Secretary.
(e) Loan Repayments.--
(1) Amounts.--Subject to paragraph (2), a loan repayment
under this section may consist of payment of the principal,
interest, and related expenses of a loan obtained by an
individual who is participating in the pilot program for all
educational expenses (including tuition, fees, books, and
laboratory expenses) of such individual relating to education
described in subsection (a)(1).
(2) Limit.--For each year of obligated service that an
individual who is participating in the pilot program agrees to
serve under subsection (d), the Secretary may pay not more than
$30,000 in loan repayment on behalf of such individual.
(f) Breach.--
(1) Liability.--An individual who participates in the pilot
program and fails to satisfy the period of obligated service
under subsection (d) shall be liable to the United States, in
lieu of such obligated service, for the amount that has been
paid or is payable to or on behalf of the individual under the
pilot program, reduced by the proportion that the number of
days served for completion of the period of obligated service
bears to the total number of days in the period of obligated
service of such individual.
(2) Repayment period.--Any amount of damages that the
United States is entitled to recover under this subsection
shall be paid to the United States not later than 1 year after
the date of the breach of the agreement.
(g) Report.--
(1) Initial report.--Not later than 2 years after the date
on which the pilot program under subsection (a) commences, the
Secretary shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives a report on the pilot program.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The number of individuals who participated in
the pilot program, including the number of new hires.
(B) The locations in which such individuals were
employed by the Department, including how many such
locations were rural or urban locations.
(C) An assessment of the quality of the work
performed by such individuals in the course of such
employment, including the performance reviews of such
individuals.
(D) The number of psychiatrists the Secretary
determines is needed by the Department in the future.
(3) Final report.--Not later than 90 days before the date
on which the pilot program terminates under subsection (i), the
Secretary shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives an update to the report submitted under
paragraph (1) and any recommendations that the Secretary
considers appropriate.
(h) Regulations.--The Secretary shall prescribe regulations to
carry out this section, including standards for qualified loans and
authorized payees and other terms and conditions for the making of loan
repayments.
(i) Termination.--The authority to carry out the pilot program
shall expire on the date that is 3 years after the date on which the
Secretary commences the pilot program.
SEC. 5. PILOT PROGRAM ON COMMUNITY OUTREACH.
(a) In General.--The Secretary of Veterans Affairs shall establish
a pilot program to assist veterans transitioning from serving on active
duty and to improve the access of veterans to mental health services.
(b) Locations.--The Secretary shall carry out the pilot program
under subsection (a) at not less than five Veterans Integrated Service
Networks that have a large population of veterans who--
(1) served in the reserve components of the Armed Forces;
or
(2) are transitioning into communities with an established
population of veterans after having recently separated from the
Armed Forces.
(c) Functions.--The pilot program at each Veterans Integrated
Service Network described in subsection (b) shall include the
following:
(1) A community oriented veteran peer support network,
carried out in partnership with an appropriate entity with
experience in peer support programs, that--
(A) establishes peer support training guidelines;
(B) develops a network of veteran peer support
counselors to meet the demands of the communities in
the Veterans Integrated Service Network;
(C) conducts training of veteran peer support
counselors;
(D) with respect to one medical center selected by
the Secretary in each such Veterans Integrated Service
Network, has--
(i) a designated peer support specialist
who acts as a liaison to the community oriented
veteran peer network; and
(ii) a certified mental health professional
designated as the community oriented veteran
peer network mentor; and
(E) is readily available to veterans, including
pursuant to the Veterans Integrated Service Network
cooperating and working with State and local
governments and appropriate entities.
(2) A community outreach team for each medical center
selected by the Secretary pursuant to paragraph (1)(D) that--
(A) assists veterans transitioning into
communities;
(B) establishes a veteran transition advisory group
to facilitate outreach activities;
(C) includes the participation of appropriate
community organizations, State and local governments,
colleges and universities, chambers of commerce and
other local business organizations, and organizations
that provide legal aid or advice; and
(D) coordinates with the Veterans Integrated
Service Network regarding the Veterans Integrated
Service Network carrying out an annual mental health
summit to assess the status of veteran mental health
care in the community and to develop new or innovative
means to provide mental health services to veterans.
(d) Reports.--
(1) Initial report.--Not later than 18 months after the
date on which the pilot program under subsection (a) commences,
the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of
the House of Representatives a report on the pilot program.
With respect to each Veterans Integrated Service Network
described in subsection (b), the report shall include--
(A) a full description of the peer support model
implemented under the pilot program, participation
data, and data pertaining to past and current mental
health related hospitalizations and fatalities;
(B) recommendations on implementing peer support
networks throughout the Department;
(C) whether the mental health resources made
available under the pilot program for members of the
reserve components of the Armed Forces is effective;
and
(D) a full description of the activities and
effectiveness of community outreach coordinating teams
under the pilot program, including partnerships that
have been established with appropriate entities.
(2) Final report.--Not later than 90 days before the date
on which the pilot program terminates under subsection (e), the
Secretary shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives an update to the report submitted under
paragraph (1).
(e) Construction.--This section may not be construed to authorize
the Secretary to hire additional employees of the Department to carry
out the pilot program under subsection (a).
(f) Termination.--The authority of the Secretary to carry out the
pilot program under subsection (a) shall terminate on the date that is
3 years after the date on which the pilot program commences.
SEC. 6. COLLABORATION ON SUICIDE PREVENTION EFFORTS BETWEEN DEPARTMENT
OF VETERANS AFFAIRS AND NON-PROFIT MENTAL HEALTH
ORGANIZATIONS.
(a) Collaboration.--The Secretary of Veterans Affairs may
collaborate with non-profit mental health organizations to prevent
suicide among veterans as follows:
(1) To improve the efficiency and effectiveness of suicide
prevention efforts carried out by the Secretary and non-profit
mental health organizations.
(2) To assist non-profit mental health organizations with
the suicide prevention efforts of such organizations through
the use of the expertise of employees of the Department of
Veterans Affairs.
(3) To jointly carry out suicide prevention efforts.
(b) Exchange of Resources.--In carrying out any collaboration under
subsection (a), the Secretary and any non-profit mental health
organization with which the Secretary is collaborating under such
subsection shall exchange training sessions and best practices to help
with the suicide prevention efforts of the Department and such
organization.
(c) Director of Suicide Prevention Coordination.--The Secretary
shall select within the Department a Director of Suicide Prevention
Coordination to undertake any collaboration with non-profit mental
health organizations under this section or any other provision of law.
SEC. 7. ADDITIONAL PERIOD OF ELIGIBILITY FOR HEALTH CARE FOR CERTAIN
VETERANS OF COMBAT SERVICE DURING CERTAIN PERIODS OF
HOSTILITIES AND WAR.
Paragraph (3) of section 1710(e) of title 38, United States Code,
is amended to read as follows:
``(3) In the case of care for a veteran described in paragraph
(1)(D), hospital care, medical services, and nursing home care may be
provided under or by virtue of subsection (a)(2)(F) only during the
following periods:
``(A) Except as provided by subparagraph (B), with respect
to a veteran described in paragraph (1)(D) who is discharged or
released from the active military, naval, or air service after
January 27, 2003, the five-year period beginning on the date of
such discharge or release.
``(B) With respect to a veteran described in paragraph
(1)(D) who is discharged or released from the active military,
naval, or air service after January 1, 2009, and before January
1, 2011, but did not enroll to receive such hospital care,
medical services, or nursing home care pursuant to such
paragraph during the five-year period described in subparagraph
(A), the one-year period beginning on January 1, 2015.
``(C) With respect to a veteran described in paragraph
(1)(D) who is discharged or released from the active military,
naval, or air service on or before January 27, 2003, and did
not enroll in the patient enrollment system under section 1705
of this title on or before such date, the three-year period
beginning on January 27, 2008.''.
SEC. 8. PROHIBITION ON NEW APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this Act and the amendments made by this Act, and this Act and such
amendments shall be carried out using amounts otherwise made available
for such purposes.
Passed the House of Representatives December 9, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Clay Hunt Suicide Prevention for American Veterans Act or the Clay Hunt SAV Act - (Sec. 2) Requires the Secretary of Veterans Affairs (VA) to: (1) arrange for an independent third party evaluation, at least annually, of the VA's mental health care and suicide prevention programs; and (2) submit a report to Congress, by December 1 of each year, containing the most recent evaluations not yet submitted to Congress and any recommendations the Secretary considers appropriate. (Sec. 3) Directs the Secretary to survey the VA's existing Internet websites and information resources to publish an Internet website that serves as a centralized source to provide veterans with information, updated at least once every 90 days, regarding all of the VA's mental health care services. (Sec. 4) Requires the Secretary to carry out a three-year pilot program to repay the education loans relating to psychiatric medicine that are incurred by individuals who: are eligible to practice psychiatric medicine in the Veterans Health Administration (VHA) or are enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine; demonstrate a commitment to a long-term career as a psychiatrist in the VHA; and agree to a period of two or more years of obligated service with the VHA in the field of psychiatric medicine, as determined by the Secretary. Limits the loan repayment to no more than $30,000 for each year an individual performs such obligated service. Directs the Secretary to submit interim and final reports to Congress on such pilot program. (Sec. 5) Directs the Secretary to establish a three-year pilot program at not less than five Veterans Integrated Service Networks (VISNs) to assist veterans transitioning from active duty and to improve the access of veterans to mental health services. Requires the pilot program at each VISN to include: (1) a community oriented veteran peer support network, carried out in partnership with an entity that has experience in peer support programs; and (2) a community outreach team for each medical center in such VISN. Directs the Secretary to submit interim and final reports to Congress on such pilot program. (Sec. 6) Authorizes the Secretary to collaborate with nonprofit mental health organizations to prevent suicide among veterans. Requires the Secretary and any such organization with which the Secretary is collaborating to exchange training sessions and best practices. Directs the Secretary to select a VA Director of Suicide Prevention Coordination to undertake any collaboration with nonprofit mental health organizations. (Sec. 7) Extends, for the one-year period beginning on January 1, 2015, combat veterans' eligibility for VA hospital care, medical services, and nursing home care for illnesses which have not been medically proven to be attributable to their service, provided: (1) they were discharged or released from active duty between January 1, 2009, and January 1, 2011, and (2) did not enroll to receive such care during the five-year period of eligibility following their discharge. (Sec. 8) Prohibits the authorization of any additional appropriations to carry out this Act's provisions. | {"src": "billsum_train", "title": "Clay Hunt SAV Act"} | 3,472 | 686 | 0.663278 | 2.128447 | 0.67738 | 3.884422 | 5.566164 | 0.892797 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International and Parental Child
Abduction Remedies Assistance Act''.
SEC. 2. INVESTIGATIVE ASSISTANCE TO LAW ENFORCEMENT AGENCIES TO LOCATE
ALIEN CHILDREN MISSING IN THE UNITED STATES.
The Attorney General shall make available to State and local law
enforcement agencies, information describing the methods and procedures
available to them to institute or assist an investigative search for an
alien child who is believed to be in the United States and who is the
subject of--
(1) an application under the Hague Convention on the Civil
Aspects of International Parental Child Abduction, or
(2) an Interpol yellow notice.
SEC. 3. STATE REQUIREMENTS.
Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is
amended--
(1) in paragraph (2) by striking ``and'' at the end, and
(2) in paragraph (3)--
(A) in subparagraph (B) by striking ``and'' at the
end,
(B) in subparagraph (C) by striking the period at
the end and inserting ``; and'', and
(C) by inserting after subparagraph (C) the
following:
``(D) a statement specifying whether the child is
believed to have been taken outside of the United
States;''.
SEC. 4. AMENDMENTS TO INTERNATIONAL CHILD ABDUCTION REMEDIES ACT.
(a) Legal Assistance, Technical Assistance, and Training.--Section
7 of the International Child Abduction Remedies Act (42 U.S.C. 11606)
is amended by adding at the end the following new subsections:
``(g) Legal Assistance for Victims of Parental Kidnapping Grants.--
``(1) Funding to legal services providers.--The United
States Central Authority shall establish a program to provide
funding to legal services providers, including private
attorneys, public officials acting pursuant to the Uniform
Child Custody Jurisdiction and Enforcement Act, legal aid
programs, and law school clinical programs, to provide direct
legal or advocacy services on behalf of persons seeking
remedies under the Convention, or other civil or criminal
remedies in interstate or international parental kidnapping
cases.
``(2) Training and technical assistance.--The United States
Central Authority, directly or through grants, shall provide
training and technical assistance to recipients of funds under
paragraph (1) to improve their capacity to offer legal
assistance described in paragraph (1).
``(h) Technical Assistance.--The United States Central Authority
shall encourage the Chief Justice of every State and the District of
Columbia to designate a single court, or a limited number of courts, in
which cases brought under the Convention may be heard. The United
States Central Authority may provide technical assistance (including
computers and Internet access) as necessary to foster consolidation of
jurisdiction and implementation of the Convention, consistent with the
purposes of the Convention.
``(i) Training.--The United States Central Authority shall provide
or promote training of State court judges, lawyers, and law students on
the civil and criminal laws pertaining to interstate and international
parental kidnapping. To carry out this subsection, the United States
Central Authority may make available funds under subsection (e) to
State judicial educators, national, State, and local bar associations,
and law schools. The United States Central Authority shall require
recipients of such funds to report on the training programs they
present, including the number of participants.''.
(b) Legal Services Corporation.--The Legal Services Corporation may
use funds made available to the Corporation for programs to represent
aliens in proceedings brought in the United States under the
Convention--
(1) if the individuals to whom the representation is
provided otherwise meet the criteria of the Corporation for
eligible clients under the Legal Services Corporation Act; and
(2) whether or not such individuals are resident in the
United States.
(c) Court Costs.--Section 8(b) of the International Child Abduction
Remedies Act (42 U.S.C. 11607(b)) is amended to read as follows:
``(b) Costs Incurred in Civil Actions.--
``(1) Payment of court costs by central
authority.--The Central Authority shall establish a
program under which it provides, directly to the court
or to petitioners and respondents, the funds necessary
to pay the court costs of petitioners and respondents
in actions brought under section 4, including court
fees and the cost of translation services, expert
witness testimony, and transcription services.
``(2) Costs of legal counsel and travel.--
Petitioners may be required to bear the costs of legal
counsel or advisors and travel costs for the return of
the child involved and any accompanying persons, except
as provided in paragraphs (3) and (4).
``(3) Payments from other sources.--Subject to
paragraph (4), legal fees incurred in connection with
an action brought under section 4 shall be borne by the
petitioner unless they are covered by payments from
Federal, State, or local legal assistance or other
programs.
``(4) Costs borne by petitioner.--Any court
ordering the return of a child pursuant to an action
brought under section 4 shall order the respondent to
pay necessary expenses incurred by or on behalf of the
petitioner (other than court costs for which the
Central Authority pays under paragraph (1)), including
legal fees, foster home or other care during the course
of proceedings in the action, and transportation costs
related to the return of the child, unless the
respondent establishes that such order would be clearly
inappropriate.''.
(d) Federal Judicial Center.--Section 620 of title 28, United
States Code, is amended by adding at the end the following:
``(c) Continuing Education and Training Programs.--The Center shall
include in its continuing education and training programs under
subsection (b)(3), including the training programs for newly appointed
judges, information on the Hague Convention on the Civil Aspects of
International Child Abduction, the International Child Abduction
Remedies Act, the International Parental Kidnapping Crime Act of 1993,
and other Federal statutes pertaining to parental kidnapping within the
jurisdiction of the Federal courts, and shall prepare materials
necessary to carry out this subsection.''.
SEC. 5. ADDITIONAL FUNDS FOR THE INVESTIGATION AND PROSECUTION OF
PARENTAL KIDNAPPING.
In addition to funds otherwise authorized to be appropriated for
the activities described in this section, there are authorized to be
appropriated to the Child Exploitation and Obscenity Section of the
Department of Justice for each of the fiscal years 2009 through 2012
such sums as may be necessary for the investigation and prosecution of
violations of section 1204 of title 18, United States Code.
SEC. 6. GRANTS FOR TRAVEL COSTS ASSOCIATED WITH THE SAFE RETURN OF
ABDUCTED CHILDREN.
(a) Program Authorized.--The Director of the Office of Victims of
Crime of the Department of Justice shall, subject to the availability
of appropriations, establish a Victim Travel in International
Reunification Cases program to award grants to the National Center for
Missing & Exploited Children to reimburse parents, guardians, law
enforcement, and other individuals, as appropriate, for travel costs
related to the safe return of children from the United States who have
been abducted and taken to foreign countries.
(b) Use of Grant Funds.--Travel costs under subsection (a) that are
reimbursed using funds under this section may include airfare and daily
subsistence costs, including lodging, meals, and ground transportation.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000 for each of the fiscal
years 2009 through 2012. | International and Parental Child Abduction Remedies Assistance Act - Directs the Attorney General to provide state and local law enforcement agencies information on instituting or assisting investigative searches for alien children believed to be in the United States who are the subject of an application under the Hague Convention on the Civil Aspects of International Parental Child Abduction (Convention) or an Interpol yellow notice.
Amends the Crime Control Act of 1990 to require missing child reports to include a statement specifying whether a missing child is believed to have been taken outside of the United States.
Amends the International Child Abduction Remedies Act to: (1) provide funding, technical assistance, and training to legal providers to assist victims of parental kidnappings; and (2) allow payment of costs incurred in civil actions to return abducted children.
Authorizes the Legal Services Corporation to use its funding to represent aliens in child abduction proceedings brought in the United States under the Convention.
Amends the federal judicial code to require the Federal Judicial Center to provide training programs for newly appointed judges on laws pertaining to parental kidnapping.
Authorizes additional funding for the investigation and prosecution of international parental kidnapping crimes.
Directs the Director of the Department of Justice Office of Victims of Crime to award grants to reimburse parents, guardians, law enforcement, and other appropriate individuals for travel costs related to the safe return of U.S. children who have been abducted and taken to foreign countries. | {"src": "billsum_train", "title": "To implement certain measures to increase the effectiveness of international child abduction remedies, and for other purposes."} | 1,710 | 318 | 0.686704 | 2.148343 | 0.878151 | 3.768657 | 5.738806 | 0.940299 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The United States, the People's Republic of China
(China), and the Republic of India (India) account for 35
percent of the world's demand for petroleum. All 3 countries
are negatively impacted by high and volatile oil and petroleum
prices and have a common interest in avoiding global supply
shocks, developing alternative fuel sources, and lessening
reliance on supplies of oil and petroleum from unstable regions
of the world.
(2) China, the United States, and India are respectively
the top 3 producers and consumers of coal in the world.
(3) The United States, China, and India respectively
represent the largest, second largest, and fifth largest
electricity generators in the world.
(4) China is likely the world's largest source of
anthropogenic greenhouse gas emissions, followed closely by the
United States, and India is the world's fifth largest
greenhouse gas emitter.
(5) According to the World Bank, 16 of the world's 20 most
polluted cities are in China. Ninety percent of all rivers in
China show signs of significant pollution, and 62 percent of
China's waterways are unsuitable for fish. Several areas in
India have heavy metal and chemical contamination in
concentrations many times higher than international health
standards.
(6) Given these shared energy challenges, the United
States, China, and India have a vested interest in partnering
on policies that could help avoid future tensions over limited
and geographically constrained energy resources.
(7) Mutually beneficial scientific, technological, and
trade partnerships between the United States, China, and India
can accelerate the transition to more sustainable and secure
energy supplies, such as wind, solar, biofuels, and clean coal,
and provide tremendous economic, environmental, and security
benefits for all 3 nations.
SEC. 2. POLICY.
It is the policy of the United States to develop an informed
dialogue with China and India regarding the sustainable use of energy
and the protection of the environment, the promotion of best practices
for clean energy and technology investments, and the development and
transfer of energy and environmental technologies based on fair and
robust international trading regimes.
SEC. 3. ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE COMMISSION TO
COORDINATE ENERGY AND ENVIRONMENTAL ISSUES RELATING TO
THE UNITED STATES, CHINA, AND INDIA.
(a) Establishment.--There is established a Congressional-Executive
Commission on Clean Energy Trade Between Key Consuming Nations (in this
Act referred to as the ``Commission'') to coordinate energy and
environmental issues relating to the United States, China, and India.
(b) Goal of the Commission.--
(1) In general.--The goal of the Commission is to establish
a dialogue among the United States, China, and India to promote
the policy described in section 2.
(2) Dialogue.--The Commission shall provide a cooperative
and collaborative dialogue in the following areas:
(A) Development and promotion of clean, efficient,
and secure electricity production and transmission.
(B) Development and promotion of clean water, water
quality management, and safe drinking water.
(C) Development and promotion of clean air and air
quality management.
(D) Development and promotion of clean and
efficient transportation.
(E) Conservation and management of forests and
wetlands, and the ecosystems of forests and wetlands.
(c) Membership of the Commission.--
(1) Selection and appointment of members.--The Commission
shall be composed of 17 members as follows:
(A) Five Members of the House of Representatives,
appointed by the Speaker of the House of
Representatives, of which--
(i) 3 members shall be selected from the
majority party; and
(ii) 2 members shall be selected, after
consultation with the minority leader of the
House, from the minority party.
(B) Five Members of the Senate, appointed by the
President of the Senate, of which--
(i) 3 members shall be selected, after
consultation with the majority leader of the
Senate, from the majority party; and
(ii) 2 members shall be selected, after
consultation with the minority leader of the
Senate, from the minority party.
(C) One representative of the Department of State,
appointed by the President from among officers and
employees of that Department.
(D) One representative of the Department of Energy,
appointed by the President from among officers and
employees of that Department.
(E) One representative of the Environmental
Protection Agency, appointed by the President from
among officers and employees of that Agency.
(F) One representative of the Department of
Commerce, appointed by the President from among
officers and employees of that Department.
(G) Three at-large representatives, appointed by
the President from among the officers and employees of
the executive branch of the Government.
(2) Chairperson and cochairperson.--
(A) Designation of chairperson.--At the beginning
of each odd-numbered Congress, the President of the
Senate, on the recommendation of the majority leader,
shall designate 1 of the members of the Commission from
the Senate as Chairperson of the Commission. At the
beginning of each even-numbered Congress, the Speaker
of the House of Representatives shall designate 1 of
the members of the Commission from the House as
Chairperson of the Commission.
(B) Designation of cochairperson.--At the beginning
of each odd-numbered Congress, the Speaker of the House
of Representatives shall designate 1 of the members of
the Commission from the House as Cochairperson of the
Commission. At the beginning of each even-numbered
Congress, the President of the Senate, on the
recommendation of the majority leader, shall designate
1 of the members of the Commission from the Senate as
Cochairperson of the Commission.
(3) Votes of the commission.--Decisions of the Commission,
including adoption of reports and recommendations, shall be
made by a majority vote of the members of the Commission
present and voting.
(4) Quorum.--Two-thirds of the members of the Commission
shall constitute a quorum for purposes of conducting business.
(d) Annual Report.--
(1) In general.--The Commission shall submit a report to
the President and the Congress not later than September 15,
2009, and annually thereafter, setting forth the assessments
and analyses described in paragraph (2), the recommendations
described in paragraph (3), and the assessment and accounting
described in paragraph (4). The Commission may submit to the
President and Congress reports that supplement annual reports
described in this subsection, as appropriate.
(2) Contents of annual report.--The report required by
paragraph (1) shall include the following for the 12-month
period preceding the report:
(A) A comprehensive assessment of China's and
India's efforts to initiate or implement programs
associated with the policy described in section 2.
(B) An analysis of the state of energy supply and
demand challenges and environmental protection issues
shared by China, India, and the United States, as well
as how those challenges and issues impact the greater
global community.
(C) An analysis of the funding levels and support
for research and development and commercial investment
in clean energy and environmental technologies,
products, and services by China and India.
(D) An analysis of the issues regarding technology
transfer and sharing, including the role that
intellectual property protection plays in limiting
trade in clean energy technologies among China, India,
and the United States.
(E) An analysis of export and import data regarding
trade among China, India, and the United States for
clean energy and environmental technologies, products,
and services.
(F) An analysis of the patterns of trade and
investment between China and India, and their major
trading partners (other than the United States) with
respect to clean energy and environmental technologies,
products, and services that appear to be substantively
different from trade and investment patterns between
China, India, and the United States and the impact
those differences have on commercial opportunities to
United States businesses.
(3) Recommendations.--The Commission shall include in the
report required by paragraph (1) recommendations for action by
Congress and the President on--
(A) how to maximize the development and deployment
of clean energy and environmental technologies,
products, and services in China, India, and the United
States; and
(B) how to ensure that trade in such technologies,
products, and services benefits the interests of the
United States.
(4) Expenditure of appropriations.--The report required by
paragraph (1) shall include an assessment and accounting of how
the Commission used any appropriations made to the Commission.
SEC. 4. TESTIMONY OF WITNESSES; PRODUCTION OF EVIDENCE; ISSUANCE OF
SUBPOENAS; ADMINISTRATION OF OATHS.
(a) In General.--In carrying out the provisions of this Act, the
Commission may require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books, records,
correspondence, memoranda, papers, documents, and electronically
recorded data as the Commission considers necessary.
(b) Subpoenas.--Subpoenas may be issued only pursuant to a \2/3\
vote of members of the Commission present and voting. Subpoenas may be
issued over the signature of the Chairperson of the Commission or any
member designated by the Chairperson, and may be served by any person
designated by the Chairperson or such member. The Chairperson of the
Commission, or any member designated by the Chairperson, may administer
oaths to any witnesses.
SEC. 5. STAFF OF THE COMMISSION.
(a) Personnel and Administration Committee.--The Commission shall
have a personnel and administration committee composed of the
Chairperson, the Cochairperson, the senior member of the Commission
from the minority party of the House of Representatives, and the senior
member of the Commission from the minority party of the Senate.
(b) Committee Functions.--
(1) In general.--All decisions pertaining to the hiring,
firing, and fixing of pay of personnel of the Commission shall
be by a majority vote of the personnel and administration
committee, except that--
(A) the Chairperson shall be entitled to appoint
and fix the pay of the staff director, and the
Cochairperson shall be entitled to appoint and fix the
pay of the Cochairperson's senior staff member; and
(B) the Chairperson and Cochairperson shall each
have the authority to appoint, with the approval of the
personnel and administration committee, at least 4
professional staff members who shall be responsible to
the Chairperson or the Cochairperson (as the case may
be) who appointed them.
(2) Appointment; pay.--The personnel and administration
committee may appoint and fix the pay of such other personnel
as the committee considers desirable.
(3) Staff appointments.--All staff appointments shall be
made without regard--
(A) to the provisions of title 5, United States
Code, governing appointments in the competitive
service; or
(B) to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to
classification and general schedule pay rates.
(4) Qualifications of professional staff.--The personnel
and administration committee shall ensure that the professional
staff of the Commission consists of persons with expertise in
the areas following:
(A) Energy.
(B) Environmental protection.
(C) Trade.
(D) Chinese and Indian politics, economics, and
language.
(5) Commission employees as congressional employees.--For
purposes of pay and other employment benefits, rights, and
privileges, and for all other purposes, any employee of the
Commission shall be considered to be a congressional employee
as defined in section 2107 of title 5, United States Code.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR THE COMMISSION.
(a) Authorization; Disbursements.--
(1) Authorization.--There are authorized to be appropriated
to the Commission $5,000,000 for each of the fiscal years 2009
through 2013 to carry out the provisions of this Act. Any sums
appropriated to the Commission shall remain available until
expended.
(2) Disbursements.--Appropriations to the Commission shall
be disbursed on vouchers approved--
(A) jointly by the Chairperson and the
Cochairperson; or
(B) by a majority of the members of the personnel
and administration committee established pursuant to
section 5(a).
(b) Foreign Travel for Official Purposes.--Foreign travel for
official purposes by members and staff of the Commission may be
authorized by either the Chairperson or the Cochairperson.
(c) Printing and Binding Costs.--For purposes of costs relating to
printing and binding, including the costs of personnel detailed from
the Government Printing Office, the Commission shall be deemed to be a
committee of Congress.
SEC. 7. SUNSET.
The Commission shall terminate on September 30, 2013. | Declares it to be the policy of the United States to develop an informed dialogue with China and India on the sustainable use of energy and the protection of the environment, the promotion of best practices for clean energy and technology investments, and the development and transfer of energy and environmental technologies.
Establishes a Congressional-Executive Commission on Clean Energy Trade Between Key Consuming Nations to coordinate energy and environmental issues relating to the United States, China, and India and to establish a dialogue among such nations on the development and promotion of clean energy production, clean air and water, clean and efficient transportation, and the conservation and management of forests and wetlands and their ecosystems. | {"src": "billsum_train", "title": "A bill to establish a framework for coordination and cooperation on energy and environmental issues among the United States, the People's Republic of China, and India, and for other purposes."} | 2,756 | 141 | 0.550019 | 1.634451 | 0.54683 | 6.559055 | 20.653543 | 0.984252 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Visa Integrity and Security Act of
2001''.
SEC. 2. SENSE OF THE CONGRESS REGARDING THE NEED TO EXPEDITE
IMPLEMENTATION OF INTEGRATED ENTRY AND EXIT DATA SYSTEM.
(a) Sense of Congress.--In light of the terrorist attacks
perpetrated against the United States on September 11, 2001, it is the
sense of the Congress that--
(1) the Attorney General should fully implement the
integrated entry and exit data system for airports, seaports,
and land border ports of entry, as specified in section 110 of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996, as amended by the Immigration and Naturalization
Service Data Management Improvement Act of 2000 (Public Law
106-215), with all deliberate speed and as expeditiously as
practicable; and
(2) the Attorney General, in consultation with the
Secretary of State, the Secretary of Commerce, and the
Secretary of the Treasury, should immediately begin
establishing the Integrated Entry and Exit Data System Task
Force, as described in section 3 of the Immigration and
Naturalization Service Data Management Improvement Act of 2000
(Public Law 106-215).
SEC. 3. ENTRY-EXIT TRACKING SYSTEM.
(a) Development of the System.--In the development of the entry-
exit tracking system, as described in the preceeding section, the
Attorney General shall particularly focus--
(1) on the utilization of biometric technology, including,
but not limited to, electronic fingerprinting, face
recognition, and retinal scan technology; and
(2) on developing a tamper-proof identification, readable
at ports of entry as a part of any nonimmigrant visa issued by
the Secretary of State.
(b) Integration With Law Enforcement Databases.--The entry and exit
data system described in this section shall be able to be integrated
with law enforcement databases for use by State and Federal law
enforcement to identify and detain individuals in the United States
after the expiration of their visa.
SEC. 4. ACCESS BY THE DEPARTMENT OF STATE TO CERTAIN IDENTIFYING
INFORMATION IN THE CRIMINAL HISTORY RECORDS OF VISA
APPLICANTS AND APPLICANTS FOR ADMISSION TO THE UNITED
STATES.
(a) Amendment of the Immigration and Nationality Act.--Section 105
of the Immigration and Nationality Act (8 U.S.C. 1105) is amended--
(1) in the section heading, by inserting ``; data
exchange'' after ``security officers'';
(2) by inserting ``(a)'' after ``Sec. 105.'';
(3) in subsection (a), by inserting ``and border'' after
``internal'' the second place it appears; and
(4) by adding at the end the following:
``(b) The Attorney General and the Director of the Federal Bureau
of Investigation shall provide the Department of State access to the
criminal history record information contained in the National Crime
Information Center's Interstate Identification Index (NCIC-III), Wanted
Persons File, and to any other files maintained by the National Crime
Information Center that may be mutually agreed upon by the Attorney
General and the Department of State, for the purpose of determining
whether or not a visa applicant or applicant for admission has a
criminal history record indexed in any such file. The Department of
State shall merge the information obtained under this subsection with
the information in the system currently accessed by consular officers
to determine the criminal history records of aliens applying for
visas.''.
(b) Regular Reporting.--The Director of Central Intelligence, the
Secretary of Defense, the Commissioner of Immigration and
Naturalization, and the Director of the Federal Bureau of Investigation
shall provide information to the Secretary of State on a regular basis
as agreed by the Secretary and the head of each of these agencies that
will assist the Secretary in determining if an applicant for a visa has
a criminal background or poses a threat to the national security of the
United States or is affiliated with a group that poses such a threat.
(c) Report on Screening Information.--Not later than 6 months after
the date of enactment of this Act, the Secretary of State shall submit
a report to Congress on the information that is needed from any United
States agency to best screen visa applicants to identify those
affiliated with terrorist organizations or those that pose any threat
to the safety or security of the United States, including the type of
information currently received by United States agencies and the
regularity with which such information is transmitted to the Secretary.
SEC. 5. STUDENT TRACKING SYSTEM.
(a) Integration With Port of Entry Information.--For each alien
with respect to whom information is collected under this section, the
Attorney General shall include information on the date of entry, port
of entry, and nonimmigrant classification.
(b) Expansion of System to Include Other Approved Educational
Institutions.--Section 641 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is amended--
(1) in subsection (a)(1), subsection (c)(4)(A), and
subsection (d)(1) (in the text above subparagraph (A)), by
inserting ``, other approved educational institutions,'' after
``higher education'' each place it appears;
(2) in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by
inserting ``, or other approved educational institution,''
after ``higher education'' each place it appears;
(3) in subsections (d)(2), (e)(1), and (e)(2), by inserting
``, other approved educational institution,'' after ``higher
education'' each place it appears; and
(4) in subsection (h), by adding at the end the following
new paragraph:
``(3) Other approved educational institution.--The term
`other approved educational institution' includes any air
flight school, language training school, vocational school, or
other school, approved by the Attorney General, in consultation
with the Secretary of Education, under subparagraph (F), (J),
or (M) of section 101(a)(15) of the Immigration and Nationality
Act.''.
(c) Expansion of System to Include Additional Information.--Section
641(b) of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1372(b)), as amended by subsection (a), is
further amended--
(1) by redesignating subparagraphs (B), (C), and (D) of
paragraph (1) as subparagraphs (C), (D), and (E), respectively;
(2) by inserting after subparagraph (A) the following:
``(B) the name of any dependant spouse, child, or
other family member accompanying the alien student to
the United States;''; and
(3) in paragraph (1)(D) (as so redesignated), by inserting
after ``maintaining status as a full-time student'' the
following: ``and, if the alien is not maintaining such status,
the date on which the alien has concluded the alien's course of
study and the reason therefor''; and
(4) by adding at the end the following new paragraph:
``(5) Information on failure to commence studies.--Each
approved institution of higher education, other approved
educational institution, or designated exchange visitor program
shall inform the Attorney General within 30 days if an alien
described in subsection (a)(1) who is scheduled to attend the
institution or program fails to do so. The Attorney General
shall ensure that information received under this paragraph is
included in the National Crime Information Center's Interstate
Identification Index.''.
SEC. 6. STRENGTHENING VISA WAIVER PILOT PROGRAM.
Section 217(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1187(c)(2)) is amended by adding at the end the following:
``(D) Tamper proof passport.--The country employs a
tamper-proof passport, has established a program to
reduce the theft of passports, and has experienced
during the preceding two-year period a low rate of
theft of passports, as determined by the Secretary of
State.''.
SEC. 7. REPORTING REQUIREMENT REGARDING H-1B NONIMMIGRANT ALIENS.
(a) Requirement.--Not later than 14 days after the employment of a
nonimmigrant alien described in section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act is terminated by an employer, the
employer shall so report to the Attorney General, together with the
reasons for the termination.
(b) Penalty.--Any employer who fails to make a report required
under subsection (a) shall be ineligible to employ any nonimmigrant
alien described in that subsection for a period of one year. | Visa Integrity and Security Act of 2001 - Expresses the sense of Congress, in light of the September 11, 2001, terrorist attacks against the United States, that the Attorney General should: (1) implement the integrated entry and exit data system; and (2) establish the Integrated Entry and Exit Data System Task Force, which shall focus on biometric technology and tamper-proof identification, and integration with law enforcement databases.Amends the Immigration and Nationality Act to: (1) direct the Attorney General and the Federal Bureau of Investigation to provide the Department of State with access to specified criminal history records in order to determine whether or not a visa or admissions applicant has a criminal history; and (2) include specified passport-related requirements as part of the visa waiver pilot program.Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to expand the foreign student tracking system to: (1) include "other approved educational institutions" (including flight and language schools); and (2) require university reporting of student failure to commence studies.Requires an employer who terminates the employment of specified aliens (H-1b visa) to so notify the Attorney General. | {"src": "billsum_train", "title": "A bill to improve procedures with respect to the admission to, and departure from, the United States of aliens."} | 2,016 | 240 | 0.597259 | 1.905079 | 0.902226 | 3.022222 | 7.853333 | 0.906667 |
SECTION 1. FREEDOM NATIONAL PARK.
(a) Purpose; Establishment.--In order to--
(1) preserve for the benefit of the American people certain
historic sites, structures, and properties of outstanding
national significance associated with the struggle for civil
rights by Americans of African descent and the effort to
promote international human rights associated with the Jimmy
Carter Library and Museum and the Carter Presidential Center;
(2) establish a historic and recreational corridor in the
form of a roadside park surrounding the State roadway known as
the Freedom Parkway, connecting the Martin Luther King, Jr.
Historic District with the Jimmy Carter Library and Museum, the
Carter Presidential Center, and various Civil War battle sites
associated with the Battle of Atlanta, including Copen Hill;
and
(3) provide educational, interpretive, and recreational
facilities to enhance the enjoyment of visitors to these sites,
there is established Freedom National Park (hereinafter in this Act
referred to as the ``park'').
(b) Description of Area.--The park shall consist of approximately
165 acres of lands and interests in lands as generally depicted on the
map entitled ``Freedom National Park Boundary Concept'', numbered
______ and dated ______ and shall include the area surrounding the
Jimmy Carter Library and Museum and Carter Presidential Center and the
corridor immediately adjacent to the right-of-way of the roadway known
as the Freedom Parkway which connects the Carter Presidential Center
with the Martin Luther King, Jr. Historic District. The map shall be on
file and available in the offices of the National Park Service,
Department of the Interior.
(c) Acquisition of Property; Authority of Secretary; Leasing of
State-Owned Lands.--The Secretary of the Interior (hereinafter in this
Act referred to as the ``Secretary'') is hereby authorized to acquire
lands and interests therein, including leasehold interests, within the
boundaries of the park as depicted on the map referenced in subsection
(b), by donation, purchase with donated or appropriated funds, or
exchange. All property owned by the State of Georgia or any political
subdivision thereof may be acquired only by donation or lease agreement
conditioned upon use of the land solely for purposes of a roadside
park.
SEC. 2. ADMINISTRATION.
(a) In General.--The Secretary shall administer the park in
accordance with the provisions of this Act and the provisions of law
generally applicable to the administration of units of the National
Park System, including the Act entitled ``An Act to establish a
National Park Service, and for other purposes'', approved August 25,
1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4), the Act of August 21,
1935 (49 Stat. 666; 16 U.S.C. 461-467), and the National Historic
Preservation Act (16 U.S.C. 470-470x-6).
(b) Road Construction or Use Restrictions.--The Secretary shall not
permit the construction or use of any road within the park which would
provide vehicular access for through traffic, other than the Freedom
Parkway and streets existing on the date of enactment of this Act nor
shall the Secretary permit construction of any roadways which would
have the effect of altering the design of the Freedom Parkway, except
for construction of such cul-de-sac driveways as may be reasonably
necessary to provide access between the Freedom Parkway and roadside
recreation facilities.
(c) Cooperative Agreements.--
(1) In general.--In furtherance of the purposes of
this Act, the Secretary is authorized to enter into
cooperative agreements with State and local governments
and with private owners of properties of natural,
historical, or cultural significance within or in the
immediate vicinity of the park, including (but not
limited to) the resources described in section 1(b),
pursuant to which the Secretary may--
(A) mark, interpret, restore, or provide
technical assistance for the preservation and
interpretation of such properties; and
(B) provide assistance, including
management services, program implementation,
and financial assistance consistent with
subsection (a).
(2) Access and property alterations.--Such
agreements may contain (but need not be limited to)
provisions that--
(A) the Secretary, through the National
Park Service, shall have the right of access at
all reasonable times to all public portions of
the property covered by such agreement for the
purpose of conducting visitors through such
properties and interpreting them to the public;
and
(B) no changes or alterations may be made
to the properties except by mutual agreement
between the Secretary and the other parties to
such agreements.
(3) Specific provisions.--An agreement entered into
under this subsection may contain specific provisions
which outline in detail the extent of the participation
by the Secretary in the restoration, preservation,
interpretation, and maintenance of such properties not
specifically provided for in paragraph (1).
SEC. 3. MANAGEMENT PLAN.
Within one year after the date on which funds are first made
available for the purposes of preparing a general management plan, the
Secretary, in consultation with the State of Georgia and the city of
Atlanta, shall develop and transmit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House of Representatives, a general management plan for the park
consistent with the purposes of this Act, including (but not limited
to)--
(1) a general visitor use and interpretive program which
fully considers the historic and cultural aspects of the park,
including the themes of individual freedom, civil rights, and
human rights;
(2) a statement on the number of visitors and types of
public uses within the park which can be reasonably
accommodated in accordance with the protection of its
resources; and
(3) a general development plan for the park, including the
estimated cost thereof.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act. | Establishes the Freedom National Park in Georgia.
Requires the Secretary of the Interior to develop and transmit to specified congressional committees a general management plan for the Park that provides for: (1) a general visitor use and interpretive program which fully considers the historic and cultural aspects of the Park, including the themes of individual freedom, civil rights, and human rights; (2) a statement on the number of visitors and types of public uses within the Park which can reasonably be accommodated in accordance with the protection of its resources; and (3) a general development plan for the Park and the estimated cost thereof. Authorizes appropriations. | {"src": "billsum_train", "title": "To establish the Freedom National Park in the State of Georgia, and for other purposes."} | 1,259 | 134 | 0.490071 | 1.374807 | 0.625357 | 7.104839 | 9.91129 | 0.91129 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Textile Trade Act of
2000''.
SEC. 2. EQUALIZATION OF TRADE IN TEXTILE AND APPAREL GOODS BETWEEN THE
UNITED STATES AND WTO MEMBER COUNTRIES.
(a) Statement of Policy.--It shall be the policy of the United
States to negotiate, within the WTO, reciprocal market access in trade
in textile and apparel goods with no concessions in addition to those
in effect on the date of the enactment of this Act, unless and until
the United States has negotiated substantially similar market access
with each WTO member country.
(b) Presidential Determinations on WTO Members.--Not later than
December 31 of each year, with respect to each WTO member country--
(1) the President shall determine whether that country
allows access in its markets to textile and apparel goods that
are products of the United States that is substantially similar
to the access provided in United States markets to textile and
apparel goods that are products of that country;
(2) if the determination under paragraph (1) is that the
access to a country's markets for textile and apparel goods
that are products of the United States is less favorable than
that provided by the United States to textile and apparel goods
that are products of that country, the President shall impose
quotas, tariffs, or other measures on the textile and apparel
products of that country in order to make access in the markets
of both countries substantially similar;
(3) the President shall seek to negotiate agreements with
any country described in paragraph (2) to remove the tariff and
nontariff barriers to trade in textile and apparel goods that
were the basis of the President's determination under paragraph
(1); and
(4) if agreements under paragraph (3) are reached, the
President shall adjust the measures imposed under paragraph (2)
so that the access in the markets of the country concerned to
textile and apparel goods that are products of the United
States and the access in United States markets to textile and
apparel goods that are products of that country are
substantially similar.
(c) Report to Congress.--Not later than June 30 of each year, the
President shall transmit to the Congress a report on actions taken
under subsection (a), including--
(1) each determination made under subsection (a)(1);
(2) measures implemented under subsection (a)(2);
(3) negotiations undertaken and agreements reached under
subsection (a)(3); and
(4) measures adjusted under subsection (a)(4).
The President shall include the rationale for each action addressed in
the report.
(d) Definitions.--As used in this section, the terms ``WTO'' and
``WTO member country'' have the meanings given those terms in section 2
of the Uruguay Round Agreements Act (19 U.S.C. 3501).
SEC. 3. CIVIL ACTIONS FOR DAMAGES ARISING FROM FRAUDULENT ACTS OF
IMPORTERS.
(a) Right of Action.--Any producer, distributor, or retailer of
textile or apparel goods who is injured by any violation of the customs
laws set forth in section 592A(a)(2) of the Tariff Act of 1930 (19
U.S.C. 1592a(a)(2) may bring a civil action in the appropriate Federal
court against the person or persons committing the violation for
damages incurred as a result of that violation.
(b) Burden of Proof.--In any action brought under subsection (a),
the violation of the customs laws concerned is established if the
plaintiff proves the violation by a preponderance of the evidence.
(c) Exclusivity of Remedy.--The remedy provided by this section is
not available to a person to the extent that person has recovered
damages under any other provision of law that were incurred as a result
of a violation of law referred to in subsection (a).
SEC. 4. EXTENSION OF BENEFIT PERIOD FOR TRADE READJUSTMENT ALLOWANCES
FOR ADVERSELY AFFECTED WORKERS ENROLLED IN TRAINING
PROGRAMS.
(a) Extension of Benefit Period.--Section 233(a)(3) of the Trade
Act of 1974 (19 U.S.C. 2293(a)(3)) is amended by striking ``26'' each
place it appears and inserting ``52''.
(b) Effective Date.--The amendments made by subsection (a) apply to
any worker covered by a certification of eligibility issued under
subchapter A or D of chapter 2 of title II of the Trade Act of 1974--
(1) if the certification is issued on or after the date of
the enactment of this Act; or
(2) if the certification is issued before such date of
enactment and the trade readjustment allowances payable with
respect to the period covered by the certification to that
worker have not exceeded the maximum allowable under section
233 of the Trade Act of 1974 on the day before such date of
enactment.
SEC. 5. CREDIT FOR HEALTH INSURANCE PREMIUMS PAID BY INDIVIDUALS
RECEIVING TRADE ADJUSTMENT ASSISTANCE.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. HEALTH INSURANCE COSTS OF INDIVIDUALS RECEIVING TRADE
ADJUSTMENT ASSISTANCE.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to 50 percent of the amount paid during
the taxable year for coverage for the taxpayer and the taxpayer's
spouse and dependents under qualified health insurance during a period
that the taxpayer or spouse is receiving trade adjustment assistance.
``(b) Qualified Health Insurance.--For purposes of this section--
``(1) In general.--The term `qualified health insurance'
means insurance which constitutes medical care, as defined in
section 213(d) without regard to--
``(A) paragraph (1)(C) thereof, and
``(B) so much of paragraph (1)(D) thereof as
relates to qualified long-term care insurance
contracts.
``(2) Exclusion of coverage provided under group health
plans, etc.--Such term shall not include insurance provided
through any group health plan of an employer or any other
entity.
``(c) Trade Adjustment Assistance.--For purposes of this section,
the term `trade adjustment assistance' means assistance provided under
subchapter A or D of chapter 2 of title II of the Trade Act of 1974.
``(d) Special Rules.--
``(1) Coordination with other deductions.--No deduction
shall be allowed under this chapter for any amount taken into
account in determining the credit under this section.
``(2) Denial of credit to dependents.--No credit shall be
allowed under this section to any individual with respect to
whom a deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar year in
which such individual's taxable year begins.''
(b) Clerical Amendment.--The table of sections for subpart A part
IV of subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 25A the following new item:
``Sec. 25B. Health insurance costs of
individuals receiving trade
adjustment assistance.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 6. TRADE ADJUSTMENT ASSISTANCE FOR TEXTILE AND APPAREL WORKERS.
Notwithstanding any other provision of law, workers in any firm
producing textile or apparel goods whose employment is terminated, or
threatened with termination, as a result of either--
(1) a decrease in the firm's sales or production, or
(2) a firm's plant or facility closure or relocation,
shall be certified by the Secretary of Labor as eligible to receive
adjustment assistance under chapter 2 of title II of the Trade Act of
1974 at the same level of benefits as workers certified under
subchapter D of chapter 2 of such title. The Secretary of Labor shall
make such certification not later than 30 days after the date a
petition for certification of eligibility for such assistance is filed
under such title II. | Directs the President to determine annually whether each WTO member country allows access in its markets to U.S. textile and apparel goods substantially similar to the access provided in U.S. markets to that country's textile and apparel goods. Requires the President to impose quotas, tariffs, or other measures on the textile and apparel products of any such country whose access allowance for U.S. textile and apparel goods is less favorable than that provided by the United States to that country's textile and apparel goods, in order to make access in the markets of both countries substantially similar.
Requires the President to: (1) seek to negotiate agreements with any such country to remove the tariff and nontariff barriers to trade in textile and apparel goods that were the basis of the less favorable access determination; and (2) adjust the measures imposed, if such agreements are reached, to make the reciprocal market access substantially similar.
Authorizes civil actions in Federal court by textile and apparel goods producers, distributors, or retailers for damages arising from the fraudulent acts of importers.
Amends the Trade Act of 1974 to extend from 26 to 52 weeks the benefit period (including any additional period) for trade readjustment allowances for adversely affected workers enrolled in training programs.
Amends the Internal Revenue Code to establish a tax credit equal to 50 percent of the amount paid for coverage for the taxpayer and family under qualified health insurance during a period that the taxpayer or spouse is receiving trade adjustment assistance. | {"src": "billsum_train", "title": "Fairness in Textile Trade Act of 2000"} | 1,891 | 317 | 0.689317 | 2.180206 | 0.81576 | 4.352518 | 5.902878 | 0.928058 |
SECTION 1. WAIVER OF SOVEREIGN IMMUNITY AND EXTENSION OF OTHERWISE
APPLICABLE STATUTE OF LIMITATIONS FOR CERTAIN ACTIONS
UNDER THE USEC PRIVATIZATION ACT.
Section 3110(a)(7) of the USEC Privatization Act (42 U.S.C. 2297h-
8(a)(7)) is amended by adding at the end the following new
subparagraph:
``(D)(i) Any individual who, as of immediately
before any transfer of plan assets and liabilities as
required by paragraph (2) to a pension plan sponsored
by the private corporation referred to in paragraph (2)
which occurred on or before December 31, 2000, was an
active or retired participant (or a beneficiary) under
a pension plan maintained by an operating contractor of
a gaseous diffusion plant referred to in paragraph (1)
and who is an active or retired participant (or a
beneficiary) under the pension plan to which such
transfer was made may bring an action in any district
court of the United States having jurisdiction over the
parties, without regard to the amount in controversy or
the citizenship of the parties, against the Department
of Energy for relief described in clause (ii) from any
grievance in connection with such a transfer.
``(ii) For purposes of clause (i), relief is a one-
time lump sum payment, payable to such individual from
the appropriation made by section 1304 of title 31,
United States Code (popularly known as the Judgment
Fund), in an amount equal to not more than the amount
which bears the same ratio to the total recoverable
amount described in clause (iii) as the actuarial
present value of the accrued benefits of the individual
under the pension plan from which the transfer was made
(as of immediately before the transfer) bears to the
actuarial present value of the accrued benefits of all
individuals described in this clause under the pension
plan from which the transfer was made (as of
immediately before the transfer).
``(iii) For purposes of clause (ii), the total
recoverable amount is an amount equal to the excess
of--
``(I) the actuarial present value of
benefits that would have been accrued by all
individuals described in clause (i) under the
pension plan from which the transfer was made
if the transfer had not occurred and if benefit
increases had occurred, in connection with the
transferred liabilities, under such plan
equivalent to benefit increases that have
occurred under such plan in connection with the
other liabilities under such plan, over
``(II) the actuarial present value of
benefits accrued by all such individuals under
the pension plan to which the transfer was
made.
``(iv) For purposes of clause (iii), in an action
authorized by this subparagraph, the court shall
consider, with respect to the pension plan from which
the transfer was made and the pension plan to which the
transfer was made, only benefits which have been
accrued (or would have been accrued) as of the date of
enactment of this subparagraph.
``(v) For purposes of this subparagraph, any
actuarial present value of benefits determined as of
any time shall take into account reasonably anticipated
subsequent adjustments to such benefits under plan
provisions (as in effect at such time) providing for
cost-of-living-adjustments.
``(vi) For purposes of clauses (iii) and (iv), any
reference to the pension plan from which the transfer
was made shall include a reference to any successor to
such plan (other than the pension plan to which the
transfer required under paragraph (2) was made) if such
successor plan received assets in excess of the
actuarial present value of accrued benefits under such
plan upon succession.
``(vii) Notwithstanding section 1658 of title 28,
United States Code, an action authorized by this
subparagraph may be brought on or before June 30, 2011.
``(viii) Notwithstanding section 3109(a)(4), the
United States consents to any action commenced under
this subparagraph.
``(ix) Nothing in this subparagraph shall authorize
an action against the Corporation or against any person
or entity other than the Department of Energy.''. | Amends the USEC Privatization Act with respect to certain actions in U.S. district court related to accrued, vested pension benefits of employees of an operating contractor of the United States Enrichment Corporation (USEC) at one or both of the two USEC gaseous diffusion plants following: (1) termination of or a change in contractor; and (2) consequent transfer of pension plan assets and liabilities.
Authorizes specified active or retired participants (or beneficiaries) under the contractor's pension plan to bring an action against the Department of Energy in U.S. district court for relief, in the form of a one-time lump sum payment, in connection with such a transfer of plan assets and liabilities.
Authorizes commencement of such an action on or before June 30, 2011.
Waives U.S. sovereign immunity to any such an action. | {"src": "billsum_train", "title": "To waive sovereign immunity and extend the otherwise applicable statute of limitations for certain actions under the USEC Privatization Act."} | 927 | 181 | 0.555068 | 1.662806 | 0.693739 | 2.339744 | 5.512821 | 0.814103 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surreptitious Video Surveillance Act
of 2010''.
SEC. 2. PROHIBITION ON USE OF VIDEO SURVEILLANCE.
(a) In General.--Chapter 119 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2523. Prohibition on use of video surveillance
``(a) Definition.--In this section, the term `video surveillance'
means the intentional acquisition, capture, or recording of a visual
image or images of any individual if--
``(1) the individual is in an area of a temporary or
permanent residence that is not readily observable from a
public location;
``(2) the individual has a reasonable expectation of
privacy in the area; and
``(3) the visual image or images--
``(A) are made without the consent of--
``(i) an individual present in the area; or
``(ii) a resident of the temporary or
permanent residence; and
``(B) are--
``(i) produced using a device, apparatus,
or other item that was mailed, shipped, or
transported in or affecting interstate or
foreign commerce by any means; or
``(ii) transported or transmitted, in or
affecting, or using any means or facility of,
interstate or foreign commerce, including by
computer.
``(b) Prohibition on Video Surveillance.--It shall be unlawful for
any person to engage in any video surveillance, except--
``(1) as provided in this section; or
``(2) as authorized under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
``(c) Treatment as Electronic Surveillance.--
``(1) In general.--Subject to paragraph (2)--
``(A) video surveillance shall be considered to be
an interception of an electronic communication for the
purposes of this chapter; and
``(B) it shall not be unlawful for a person to
engage in video surveillance if the video surveillance
is conducted in a manner or is of a type authorized
under this chapter for the interception of an
electronic communication.
``(2) Exception.--Sections 2511(2)(c), 2511(2)(d), 2512,
2513, and 2518(10)(c) shall not apply to video surveillance.
``(3) Prohibition of use as evidence of video
surveillance.--
``(A) In general.--No part of the contents of video
surveillance and no evidence derived from video
surveillance may be received in evidence in any trial,
hearing, or other proceeding in or before any court,
grand jury, department, officer, agency, regulatory
body, legislative committee, or other authority of the
United States, a State, or political subdivision
thereof if the disclosure of the video surveillance
would be in violation of this chapter.
``(B) Motion to suppress.--
``(i) In general.--Any aggrieved person in
any trial, hearing, or proceeding described in
subparagraph (A) may move to suppress the
contents of any video surveillance conducted
under this chapter, or any evidence derived
from the video surveillance, on the grounds
that--
``(I) the video surveillance was
unlawfully conducted;
``(II) the order of authorization
or approval under which the video
surveillance was conducted was
insufficient on its face; or
``(III) the video surveillance was
not conducted in conformity with the
order of authorization or approval.
``(ii) Timing of motion.--A motion made
under clause (i) shall be made before the
trial, hearing, or proceeding unless--
``(I) there was no opportunity to
make such motion; or
``(II) the aggrieved person
described in clause (i) was not aware
of the grounds of the motion.
``(iii) Remedy.--If the motion made under
clause (i) is granted, the contents of the
video surveillance, or evidence derived from
the video surveillance, shall be treated as
having been obtained in violation of this
chapter.
``(iv) Inspection of evidence.--The judge,
upon filing of a motion under clause (i), may,
in the discretion of the judge, make available
to the aggrieved person or counsel for the
aggrieved person for inspection such portions
of the video surveillance or evidence derived
from the video surveillance as the judge
determines to be in the interests of justice.
``(v) Right to appeal.--
``(I) In general.--In addition to
any other right to appeal, the United
States shall have the right to appeal
from an order granting a motion made
under clause (i), or the denial of an
application for an order of approval,
if the United States attorney certifies
to the judge or other official granting
the motion or denying the application
that the appeal is not taken for
purposes of delay.
``(II) Filing deadline.--An appeal
under subclause (I) shall--
``(aa) be taken within 30
days after the date the order
was entered; and
``(bb) be diligently
prosecuted.''.
(b) Chapter Analysis.--The table of sections for chapter 119 of
title 18, United States Code, is amended by adding at the end the
following:
``2523. Prohibition on use of video surveillance.''. | Surreptitious Video Surveillance Act of 2010 - Amends the federal criminal code to prohibit the unauthorized video surveillance of an individual who: (1) is in an area of a temporary or permanent residence that is not readily observable from a public location; and (2) has a reasonable expectation of privacy in the area. Prohibits (with exceptions) the use of such surveillance as evidence. | {"src": "billsum_train", "title": "A bill to prohibit any person from engaging in certain video surveillance except under the same conditions authorized under chapter 119 of title 18, United States Code, or as authorized by the Foreign Intelligence Surveillance Act of 1978."} | 1,235 | 90 | 0.561264 | 1.315483 | 1.184984 | 3.643836 | 15.493151 | 0.876712 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Trade Opportunities Act''.
SEC. 2. STATEMENT OF PURPOSE.
It is the purpose of this Act to enable the President to--
(1) remedy the actions or policies of countries that do not
accord adequate trade benefits to the United States, including
substantially equal competitive opportunities for the commerce
of the United States;
(2) negotiate more equitable tariff and other trade
benefits for the people of the United States;
(3) sanction non market economy countries that deny or
unduly restrict the right or opportunity of their citizens to
emigrate; and
(4) adjust and simplify the trade laws of the United States
to better respond to the realities of a post-Cold War world.
SEC. 3. REPEAL OF JACKSON-VANIK.
(a) Title IV of Trade Act of 1974.--Title IV of the Trade Act of
1974 (19 U.S.C. 2431 and following), and the items relating to title IV
in the table or contents of that Act, are repealed.
(b) Harmonized Tariff Schedule of the United States.--
General Note 3 of the Harmonized Tariff Schedule of the United
States is amended--
(1) in the matter that precedes subdivision (a)--
(A) by striking ``columns'' and inserting
``column''; and
(B) by striking ``and 2''; and
(2) by striking subdivision (b).
(c) Effective Date.--The provisions of subsection (a) and the
amendments made by subsection (b) apply to articles entered, or
withdrawn from warehouse for consumption, on or after the 15th day
after the date of the enactment of this Act.
SEC. 4. OUTSTANDING TRADE AGREEMENTS.
(a) In General.--Any trade agreement that--
(1) was entered into by the United States under title IV of
the Trade Act of 1974 (as such title is in effect on the day
before the date of the enactment of this Act), and
(2) is in effect on the day before such date of enactment,
shall remain in effect until such agreement expires or is terminated or
otherwise suspended.
(b) Other Agreements.--Nothing in this Act shall be deemed to
alter, amend, or otherwise affect the terms of any trade agreement
entered into by the United States pursuant to provisions other than
such title IV of the Trade Act of 1974.
SEC. 5. OTHER AUTHORITIES NOT AFFECTED.
Nothing in this Act shall affect--
(1) the authority of the United States Trade Representative
or the President to take action under section 301 of the Trade
Act of 1974; or
(2) the authorities of the President under other provisions
of law to increase duties on articles from other countries, or
to prohibit or impose other restrictions on imports of articles
from other countries, including section 111(c) of the Uruguay
Round Agreements Act (19 U.S.C. 3521(c)), section 5(b) of the
Trading with the Enemy Act (50 U.S.C. App. 5(b)), section 203
of the International Emergency Economic Powers Act (50 U.S.C.
1702), and sections 504(a) and 505(a) (22 U.S.C. 2349aa-9) of
the International Security and Development Cooperation Act of
1985.
SEC. 6. SNAP-BACK MECHANISM FOR NON-WTO MEMBERS.
(a) Determination With Respect To Non-WTO Members.--Within 180 days
after the date of the enactment of this Act, the President shall
consult with the appropriate congressional committees and determine
whether each foreign country that is not a WTO member is not according
adequate trade benefits to the United States, including substantially
equal competitive opportunities for the commerce of the United States.
(b) Tariff Increase.--
(1) Imposition of increase.--If the President determines
under subsection (a) that a foreign country is not according
adequate trade benefits to the United States, then the
President shall proclaim, within 180 days after the date of
that determination, an increase in the rate of duty with
respect to one or more products of that country to not more
than the column 1 rate of duty under the Harmonized Tariff
Schedule of the United States that applied to the article or
articles on December 31, 1994.
(2) Termination of increase.--The President shall terminate
any increase in the rate of duty imposed under paragraph (1)
with respect to a country on the earlier of--
(A) the date the country becomes a WTO member; or
(B) the date on which the President proclaims that
the country is according adequate trade benefits to the
United States, including substantially equal
competitive opportunities for the commerce of the
United States.
(c) Rate of Duty in Absence of Commercial Agreement.--In the case
of a country that is not a WTO member and is not a party to a
commercial agreement with the United States that substantially meets
the requirements of section 405 of the Trade Act of 1974 (as in effect
on the day before the date of the enactment of this Act), other than
the requirement that the agreement be limited to a period of not more
than 3 years, the column 2 rate of duty under the Harmonized Tariff
Schedule of the United States shall apply to the products of that
country.
(d) Definitions.--For purposes of this section--
(1) the term ``WTO member'' means a state, or separate
customs territory (within the meaning of Article XII of the WTO
Agreement), with respect to which the United States applies the
WTO Agreement; and
(2) the term ``WTO Agreement'' means the Agreement
Establishing the World Trade Organization entered into on April
15, 1994.
SEC. 7. OTHER AUTHORITY TO INCREASE TARIFFS.
(a) Authority.--Notwithstanding any other provision of law, the
President is authorized to increase the rate of duty on any product of
a non market economy country that is not a WTO member to not more than
the column 1 rate of duty under the Harmonized Tariff Schedule of the
United States that applied to that product on December 31, 1994, if
that country--
(1) denies its citizens the right or opportunity to
emigrate;
(2) imposes more than a nominal tax on emigration or on
visas or other documents required for emigration, for any
purpose or cause whatsoever; or
(3) imposes more than a nominal tax, levy, fine, fee, or
other charge on any citizen as a consequence of the desire of
such citizen to emigrate to the country of his or her choice.
SEC. 8. CONFORMING AMENDMENTS.
(a) Trade Act of 1974.--
(1) Section 151 of the Trade Act of 1974 (19 U.S.C. 2191)
is amended--
(A) in subsection (a)(1)--
(i) by striking ``approval resolutions
described in subsection (b)(3), and resolutions
described in subsections 152(a) and 153(a)''
and inserting ``and resolutions described in
section 152(a)'';
(B) in subsection (b), by striking paragraph (3);
(C) in subsection (c)--
(i) by striking ``(c) Introduction and
Referral.--'';
(ii) by moving the remaining text of
paragraph (1) 2 ems to the left;
(iii) by striking ``(1) On the day''
and inserting--
``(c) Introduction and Referral.--On the day''; and
(iv) by striking paragraph (2);
(D) in subsection (d), by striking ``or approval
resolution''; and
(E) in subsections (e), (f), and (g)--
(i) by striking ``or approval resolution''
each place it appears; and
(ii) by striking ``or resolution'' each
place it appears.
(2) Section 152 of the Trade Act of 1974 (19 U.S.C. 2192)
is amended--
(A) by amending subsection (a) to read as follows:
``(a) Contents of Resolution.--For purposes of this section, the
term `resolution' means only a joint resolution of the two Houses of
the Congress, the matter after the resolving clause of which is as
follows: `That the Congress does not approve the action taken by, or
the determination of, the President under section 203 of the Trade Act
of 1974 transmitted to the Congress on ________.', with the blank space
being filled with the appropriate date.''; and
(B) in subsection (f)--
(i) in paragraph (2), by striking ``or
153(a), whichever is applicable,''; and
(ii) in paragraph (3), by striking ``or
section 153(a)''.
(3) Section 153 of the Trade Act of 1974 (19 U.S.C. 2193),
and the item relating to that section in the table of contents
for that Act, are repealed.
(4) Section 154 of the Trade Act of 1974 (19 U.S.C. 2194)
is amended--
(A) in subsection (a), by striking ``203(b),
402(d), or 407(a) or (b)'' and inserting ``or 203(b)'';
and
(B) by striking ``sections 203(c), 407(c)(2), and
407(c)(3)'' and inserting ``section 203(c)''.
(b) Other Provisions of Law.--
(1) Section 330(d) of the Tariff Act of 1930 (19 U.S.C.
1330(d)) is amended--
(A) in paragraph (1), by striking ``to determine--
``(A) under''
and all that follows through ``and the commissioners''
and inserting ``to determine, under section 202 of the
Trade Act of 1974, whether increased imports of an
article are a substantial cause of serious injury, or
the threat thereof, as described in subsection (b)(1)
of that section (hereafter in this subsection referred
to as `serious injury'), and the commissioners'';
(B) in paragraph (2)--
(i) by striking ``or 406'';
(ii) by striking ``or market disruption
exists, respectively''; and
(iii) by striking ``or the finding under
section 406(a)(3) of such Act, as the case may
be''.
(2) Section 1102(b)(1) of the Trade Agreements Act of 1979
(19 U.S.C. 2581(b)(1)) is amended by striking ``301, or 406''
and ``2411, or 2436'' and inserting ``or 301'' and ``or 2411'',
respectively.
(3) Section 2(c)(11) of the Support for East European
Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(11)) is amended
to read as follows:
``(11) Most-favored-nation trade status.--The granting of
nondiscriminatory treatment (most-favored-nation treatment) to
the products of an East European country.''. | Fair Trade Opportunities Act - Amends the Trade Act of 1975 to repeal Title IV (Trade Relations with Countries not Currently Receiving Nondiscriminatory Treatment) (Jackson Vanick Act).
Directs the President to consult with the appropriate congressional committees and determine whether each foreign country that is not a member of the World Trade Organization (WTO) is not according adequate trade benefits or substantially equal competitive opportunities to U.S. commerce. Mandates an increase in the rate of duty with respect to the products of such a country.
Authorizes the President to increase such rate on any product of a non-market economy country that is not a WTO member if it: (1) denies its citizens the right or opportunity to emigrate; (2) imposes more than a nominal tax on emigration documents, for any purpose; or (3) imposes more than a nominal tax, fine, fee or other charge on any citizen as a consequence of such citizen's desire to emigrate to a country of his or her choice. | {"src": "billsum_train", "title": "Fair Trade Opportunities Act"} | 2,535 | 230 | 0.505918 | 1.449499 | 0.73433 | 4.880829 | 11.73057 | 0.932642 |
.
(a) Findings.--The Congress hereby makes the following findings:
(1) Congress has authorized 18 commemorative coin programs in
the 9 years since 1984.
(2) There are more meritorious causes, events, and people worthy
of commemoration than can be honored with commemorative coinage.
(3) Commemorative coin legislation has increased at a pace
beyond that which the numismatic community can reasonably be
expected to absorb.
(4) It is in the interests of all Members of Congress that a
policy be established to control the flow of commemorative coin
legislation.
(b) Declaration.--It is the sense of the Congress that the Committee
on Banking, Finance and Urban Affairs of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of the Senate
should not report or otherwise clear for consideration by the House of
Representatives or the Senate legislation providing for more than 2
commemorative coin programs for any year, unless the committee
determines, on the basis of a recommendation by the Citizens
Commemorative Coin Advisory Committee, that extraordinary merit exists
for an additional commemorative coin program.
SEC. 302. REPORTS BY RECIPIENTS OF COMMEMORATIVE COIN SURCHARGES.
(a) Quarterly Financial Report.--
(1) In general.--Each person who receives, after the date of the
enactment of this Act, any surcharge derived from the sale of
commemorative coins under any Act of Congress shall submit a
quarterly financial report to the Director of the United States Mint
and the Comptroller General of the United States describing in
detail the expenditures made by such person from the proceeds of the
surcharge.
(2) Information to be included.--The report under paragraph (1)
shall include information on the proportion of the surcharges
received during the period covered by the report to the total
revenue of such person during such period, expressed as a
percentage, and the percentage of total revenue during such period
which was spent on administrative expenses (including salaries,
travel, overhead, and fund raising).
(3) Due dates.--Quarterly reports under this subsection shall be
due at the end of the 30-day period beginning on the last day of any
calendar quarter during which any surcharge derived from the sale of
commemorative coins is received by any person.
(b) Final Report.--Each person who receives, after the date of the
enactment of this Act, any surcharge derived from the sale of
commemorative coins under any Act of Congress shall submit a final
report on the expenditures made by such person from the proceeds of all
surcharges received by such person, including information described in
subsection (a)(2), before the end of the 1-year period beginning on the
last day on which sales of such coins may be made.
SEC. 303. GAO REPORTS TO CONGRESS.
Before the end of the 1-year period beginning on the last day on
which sales of commemorative coins may be made under the Act of Congress
which authorized such coins, the Comptroller General of the United
States shall submit a financial accounting statement to the Congress on
the payment of any surcharges derived from the sale of such coins and
the use and expenditure of the proceeds of such surcharges by any
recipient (other than a recipient which is an agency or department of
the Federal Government) based on the reports filed by such recipient
with the Comptroller General in accordance with section 302 and any
audit of such recipient which is conducted by the Comptroller General
with respect to the use and expenditure of such proceeds.
TITLE IV--BICENTENNIAL OF THE UNITED STATES CAPITOL COMMEMORATIVE COIN
ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Bicentennial of the United States
Capitol Commemorative Coin Act''.
SEC. 402. SPECIFICATIONS OF COINS.
(a) One-Dollar Silver Coins.--
(1) Issuance.--The Secretary of the Treasury (hereinafter in
this title referred to as the ``Secretary'') shall mint and issue
not more than 500,000 one-dollar coins each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) be composed of 90 percent silver and 10 percent copper.
(2) Design.--The design of the one-dollar coins shall, in
accordance with section 404, be emblematic of the bicentennial of
the United States Capitol. Each one-dollar coin shall bear a
designation of the value of the coin, an inscription of the year
``1994'', and inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(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 5132(a)(1) of title
31, United States Code, all coins minted under this title shall be
considered to be numismatic items.
SEC. 403. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this title
only from stockpiles established under the Strategic and Critical
Minerals Stock Piling Act.
SEC. 404. DESIGN OF COINS.
The design for the coin authorized by this title shall be selected
by the Secretary after consultation with the Speaker of the House of
Representatives, the President pro tempore of the Senate, and the
Commission of Fine Arts.
SEC. 405. ISSUANCE OF COINS.
(a) One-Dollar Coins.--The one-dollar coins minted under this title
may be issued in uncirculated and proof qualities, except that not more
than 1 facility of the United States Mint may be used to strike any
particular quality.
(b) Commencement of Issuance.--The Secretary may issue the coins
minted under this title beginning May 1, 1994.
(c) Termination of Authority.--Coins may not be minted under this
title after April 30, 1995.
(d) Contracts.--Any contract to be made by the Secretary involving
the promotion, advertising, or marketing of any coins authorized under
this title shall be valid only upon approval by the United States
Capitol Preservation Commission.
SEC. 406. SALE OF COINS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary shall sell the coins minted under this title at a price equal
to the face value, plus the cost of designing and issuing the coins
(including labor, materials, dies, use of machinery, and overhead
expenses).
(b) Bulk Sales.--The Secretary shall make any bulk sales of the
coins minted under this title at a reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins minted under this title prior to the issuance of such coins.
Sale prices with respect to such prepaid orders shall be at a reasonable
discount.
(d) Surcharges.--All sales of coins minted under this title shall
include a surcharge of $15 per coin.
SEC. 407. 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.
SEC. 408. USE OF SURCHARGES.
(a) Use of Surcharges.--All surcharges that are received by the
Secretary from the sale of coins minted under this title shall be
deposited in the Capitol Preservation Fund and be available to the
United States Capitol Preservation Commission.
(b) Technical Amendment.--Section 8(b)(1) of Public Law 100-673 is
amended to read as follows:
``(2) Limitations on reimbursements.--No amount received by the
Commission from the Capitol Preservation Fund from the sale of coins
minted under this Act may be used to pay representational expenses
of the Commission.''.
SEC. 409. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Thomas Jefferson Commemorative Coin
Title II: U.S. Veterans Commemorative Coins
Title III: Reform of Commemorative Coin Programs
Title IV: Bicentennial of the United States Capitol
Commemorative Coin Act
Title I: Thomas Jefferson Commemorative Coin
- Jefferson Commemorative Coin Act of 1993 - Directs the Secretary of the Treasury to: (1) issue one-dollar coins emblematic of Thomas Jefferson and his home, Monticello; and (2) pay surcharges from coin sales to the Jefferson Endowment Fund and to the Corporation for Jefferson's Poplar Forest.
Title II: U.S. Veterans Commemorative Coins
- United States Veterans Commemorative Coin Act of 1993 - Directs the Secretary to issue the following three types of one-dollar commemorative coins: (1) emblematic of the experience of Americans who have been prisoners of war; (2) emblematic of the Vietnam Veterans Memorial; and (3) symbolic of women's service in the armed forces.
Requires the Secretary to pay specified amounts of surcharges received from coin sales to: (1) the Secretary of the Interior for construction of the Andersonville Prisoner-of-War Museum in Andersonville, Georgia; (2) an endowment fund to be established by this Act for the maintenance of the Museum; (3) the Secretary of Veterans Affairs to maintain national cemeteries; (4) the Vietnam Veterans Memorial Fund to help raise an endowment for the Memorial's maintenance and for the addition of names; and (5) the Women in Military Service for America Memorial Foundation, Inc., to create, endow, and dedicate the Women in Military Service for America Memorial.
Title III: Reform of Commemorative Coin Programs
- Declares that specified congressional committees should not report or otherwise clear legislation for consideration by the House of Representatives or the Senate that provides more than two commemorative coin programs for any year, unless the committees determine, on the basis of a recommendation by the Citizens Commemorative Coin Advisory Committee, that extraordinary merit exists for an additional commemorative coin program.
Requires: (1) recipients of commemorative coin surcharges to file quarterly and final expenditure reports with the Director of the United States Mint and the Comptroller General; and (2) the Comptroller General to report to the Congress on the payment and expenditure of any surcharges based on such reports.
Title IV: Bicentennial of the United States Capitol Commemorative Coin Act
- Bicentennial of the United States Capitol Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar coins emblematic of the bicentennial of the United States Capitol; and (2) deposit surcharges from coin sales into the Capitol Preservation Fund to be available to the United States Capitol Preservation Commission. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the 250th anniversary of the birth of Thomas Jefferson, Americans who have been prisoners of war, the Vietnam Veterans Memorial on the occasion of the 10th anniversary of the Memorial, and the Women in Military Service for America Memorial, and for other purposes."} | 2,041 | 603 | 0.590286 | 1.893392 | 0.626618 | 2.488806 | 3.317164 | 0.772388 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Pharmacy Fairness Act of
2007''.
SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES
NEGOTIATING WITH HEALTH PLANS.
(a) In General.--Any independent pharmacies who are engaged in
negotiations with a health plan regarding the terms of any contract
under which the pharmacies provide health care items or services for
which benefits are provided under such plan shall, in connection with
such negotiations, be entitled to the same treatment under the
antitrust laws as the treatment to which bargaining units which are
recognized under the National Labor Relations Act are entitled in
connection with activities described in section 7 of such Act. Such a
pharmacy shall, only in connection with such negotiations, be treated
as an employee engaged in concerted activities and shall not be
regarded as having the status of an employer, independent contractor,
managerial employee, or supervisor.
(b) Protection for Good Faith Actions.--Actions taken in good faith
reliance on subsection (a) shall not be the subject under the antitrust
laws of criminal sanctions nor of any civil damages, fees, or penalties
beyond actual damages incurred.
(c) No Change in National Labor Relations Act.--This section
applies only to independent pharmacies excluded from the National Labor
Relations Act. Nothing in this section shall be construed as changing
or amending any provision of the National Labor Relations Act, or as
affecting the status of any group of persons under that Act.
(d) Effective Date.--The exemption provided in subsection (a) shall
apply to conduct occurring beginning on the date of the enactment of
this Act.
(e) Limitations on Exemption.--Nothing in this section shall exempt
from the application of the antitrust laws any agreement or otherwise
unlawful conspiracy that--
(1) would have the effect of boycotting any independent
pharmacy or group of independent pharmacies, or would exclude,
limit the participation or reimbursement of, or otherwise limit
the scope of services to be provided by, any independent
pharmacy or group of independent pharmacies with respect to the
performance of services that are within the scope of practice
as defined or permitted by relevant law or regulation;
(2) allocates a market among competitors;
(3) unlawfully ties the sale or purchase of one product or
service to the sale or purchase of another product or service;
or
(4) monopolizes or attempts to monopolize a market.
(f) Limitation Based on Market Share of Group.--This section shall
not apply with respect to the negotiations of any group of independent
pharmacies with a health plan regarding the terms of any contract under
which such pharmacies provide health care items or services for which
benefits are provided under such plan in a PDP region (as defined in
subsection (j)(4)) if the number of pharmacy licenses of such
pharmacies within such group in such region exceeds 25 percent of the
total number of pharmacy licenses issued to all retail pharmacies
(including both independent and other pharmacies) in such region.
(g) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in
this section shall be construed to affect the application of title VI
of the Civil Rights Act of 1964.
(h) No Application to Specified Federal Programs.--Nothing in this
section shall apply to negotiations between independent pharmacies and
health plans pertaining to benefits provided under any of the
following:
(1) The Medicaid Program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(2) The State Children's Health Insurance Program (SHIP)
under title XXI of the Social Security Act (42 U.S.C. 1397aa et
seq.).
(3) Chapter 55 of title 10, United States Code (relating to
medical and dental care for members of the uniformed services).
(4) Chapter 17 of title 38, United States Code (relating to
Veterans' medical care).
(5) Chapter 89 of title 5, United States Code (relating to
the Federal employees' health benefits program).
(6) The Indian Health Care Improvement Act (25 U.S.C. 1601
et seq.).
(i) Definitions.--For purposes of this section:
(1) Antitrust laws.--The term ``antitrust laws''--
(A) 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; and
(B) includes any State law similar to the laws
referred to in subparagraph (A).
(2) Health plan and related terms.--
(A) In general.--The term ``health plan''--
(i) means a group health plan or a health
insurance issuer that is offering health
insurance coverage;
(ii) includes any entity that contracts
with such a plan or issuer for the
administering of services under the plan or
coverage; and
(iii) includes a prescription drug plan
offered under part D of title XVIII of the
Social Security Act and a Medicare Advantage
plan offered under part C of such title.
(B) Health insurance coverage; health insurance
issuer.--The terms ``health insurance coverage'' and
``health insurance issuer'' have the meanings given
such terms under paragraphs (1) and (2), respectively,
of section 733(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191b(b)).
(C) Group health plan.--The term ``group health
plan'' has the meaning given that term in section
733(a)(1) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1191b(a)(1)).
(3) Independent pharmacy.--The term ``independent
pharmacy'' means a pharmacy that has a market share of--
(A) less than 10 percent in any PDP region; and
(B) less than 1 percent in the United States.
For purposes of the preceding sentence, all pharmacies that are
members of the same controlled group of corporations (within
the meaning of section 267(f) of the Internal Revenue Code of
1986) and all pharmacies under common control (within the
meaning of section 52(b) of such Code but determined by
treating an interest of more than 50 percent as a controlling
interest) shall be treated as 1 pharmacy.
(4) PDP region.--The term ``PDP region'' has the meaning
given such term in section 1860D-11(a)(2) of the Social
Security Act (42 U.S.C. 1395w-111(a)(2)).
(j) 5-Year Sunset.--The exemption provided in subsection (a) shall
only apply to conduct occurring during the 5-year period beginning on
the date of the enactment of this Act and shall continue to apply for 1
year after the end of such period to contracts entered into before the
end of such period.
(k) General Accounting Office Study and Report.--The Comptroller
General of the United States shall conduct a study on the impact of
enactment of this section during the 6-month period beginning with the
5th year of the 5-year period described in subsection (j). Not later
than the end of such 6-month period, the Comptroller General shall
submit to Congress a report on such study and shall include in the
report such recommendations on the extension of this section (and
changes that should be made in making such extension) as the
Comptroller General deems appropriate.
(l) Oversight.--Nothing in this section shall preclude the Federal
Trade Commission or the Department of Justice from overseeing the
conduct of independent pharmacies covered under this section. | Community Pharmacy Fairness Act of 2007 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled. Treats such a pharmacy as an employee engaged in concerted activities in connection with such negotiations.
Exempts actions taken in good faith reliance on this Act from being subject to criminal sanctions or civil penalties beyond actual damages incurred.
Provides that this Act does not exempt from application of antitrust laws any agreement or unlawful conspiracy that: (1) would have the effect of boycotting any independent pharmacy; (2) would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation; (3) allocates a market among competitors; (4) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (5) monopolizes or attempts to monopolize a market.
Excludes from the application of this Act: (1) negotiations of any group of independent pharmacies with a health plan if the number of pharmacy licenses within such group in a PDP region (Medicare Part D prescription drug plan region) exceeds 25% of the total number of pharmacy licenses issued to all retail pharmacies in the region; and (2) negotiations between independent pharmacies and health plans pertaining to federal health benefits.
Requires the Comptroller General to study the impact of this Act after five years.
Provides that this Act does not preclude the Federal Trade Commission (FTC) or the Department of Justice (DOJ) from overseeing the conduct of independent pharmacies covered under this Act. | {"src": "billsum_train", "title": "To ensure and foster continued patient safety and quality of care by making the antitrust laws apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers (including health plans under parts C and D of the Medicare Program) in the same manner as such laws apply to protected activities under the National Labor Relations Act."} | 1,722 | 401 | 0.743432 | 2.301768 | 0.996999 | 5.247222 | 4.3 | 0.952778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal Ash Reclamation, Environment,
and Safety Act of 2009''.
SEC. 2. REQUIREMENTS FOR SURFACE STORAGE AND DISPOSAL OF COVERED WASTES
IN IMPOUNDMENTS.
(a) Regulations.--The Secretary of the Interior shall, within 180
days after the date of enactment of this Act, promulgate regulations
that establish design, engineering, and performance standards that
provide for safe storage and disposal of covered wastes in
impoundments.
(b) Impoundment Requirements.--The regulations under subsection (a)
shall require that an impoundment for the storage or disposal of
covered wastes shall be designed, constructed, and maintained in
accordance with requirements that are substantially similar to the
requirements that apply to impoundments under paragraphs (8), (11), and
(13) of section 515(b) and section 515(f) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1265(b), 1265(f)).
(c) Prohibition.--No person shall construct or operate any
impoundment for the storage or disposal of covered wastes on any land
in any State except in accordance with regulations promulgated under
subsection (a).
(d) Inspections, Penalties, and Enforcement.--For purposes of
sections 517, 518, and 521 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1267, 1268, 1271)--
(1) this section and permitting, design, performance, and
other requirements and prohibitions established by the
regulations and orders under this section shall be treated as
requirements and prohibitions under that Act; and
(2) an impoundment for the deposit and maintenance of
covered wastes in violation of this section, the regulations
this section, or any order under subsection (e) shall be
treated as a surface coal mining operation.
(e) Pre-Existing Impoundments.--
(1) Limitation on application.--Except as provided in an
order under this subsection, the regulations under subsection
(a) and subsections (c) and (d) shall not apply to an
impoundment for the deposit and maintenance of covered wastes
that is in existence on such date of enactment.
(2) Inventory.--The Secretary shall, within 12 months after
the date of enactment of this Act, complete an inventory of all
impoundments for the deposit and maintenance of covered wastes
in existence on such date of enactment. The inventory shall
include--
(A) an assessment of the design, stability, and
engineering of embankments and basin characterization
and design of each such impoundment;
(B) an assessment of risks to surface and
groundwater posed by each such impoundment; and
(C) a determination on the degree of risk each such
impoundment poses to human and environmental health.
(3) Orders.--Based on the assessments and determination of
degree of risk under paragraph (2), the Secretary may issue any
order necessary to ensure that any such impoundment complies
with requirements established by the regulations under this
section.
(4) Report to congress.--Not later than one year after the
date of completion of the inventory under paragraph (2), the
Secretary shall report to Congress on the findings and
determinations of the inventory.
(f) State Programs.--The Secretary shall implement the requirements
of this Act pursuant to the regulations promulgated pursuant to
subsection (a), except that any State with an approved State program
under section 503 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1253) may submit to the Secretary a revision to such
State program to incorporate the regulations under subsection (a)
subject to the terms and conditions of section 503 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1253).
(g) Relationship to Other Law.--
(1) Federal law.--Nothing in this section shall affect any
authority under any other Act of Congress to prohibit the
construction or operation of any impoundment for the storage or
disposal of covered wastes.
(2) State law.--Any reclamation, land use, environmental,
or public health protection standard or requirement in State
statute or regulation with respect to the regulation of
impoundments or of the storage or disposal of covered wastes
that meets or exceeds the requirements and prohibitions of this
section and the regulations issued under this section shall not
be construed to be inconsistent with this section or any
regulation under this section.
(h) In General.--In this section:
(1) Covered wastes.--The term ``covered wastes''--
(A) means material referred to as ``other wastes''
in section 515(b)(11) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1265(b)(11)); and
(B) includes coal ash, slag, and flue gas
desulfurization materials stored or disposed of in
liquid, semi-liquid, or solid form.
(2) Impoundment.--The term ``impoundment'' means any dam or
embankment used to retain covered wastes.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Coal Ash Reclamation, Environment, and Safety Act of 2009 - Directs the Secretary of the Interior to promulgate regulations that: (1) establish design, engineering, and performance standards that provide for safe storage and disposal of covered wastes in impoundments; and (2) contain requirements that are substantially similar to the requirements that apply to impoundments under provisions in the Surface Mining Control and Reclamation Act of 1977 concerning environmental protection performance standards for surface coal mining and reclamation operations and standards and criteria for coal mine waste piles. Prohibits persons from constructing or operating impoundments for the storage or disposal of covered wastes on any land in any state except as in accordance with such regulations.
Provides for the monitoring and enforcement of such requirements and prohibitions.
Requires the Secretary to complete an inventory of existing impoundments for the deposit and maintenance of covered wastes. Authorizes the Secretary to issue orders necessary to ensure that impoundments comply with requirements.
Defines the term "covered wastes" to mean wastes in areas other than the mine working or excavations, including coal ash, slag, and flue gas desulfurization materials stored or disposed of in liquid, semi-liquid, or solid form. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to promulgate regulations concerning the storage and disposal of matter referred to as \"other wastes\" in the Surface Mining Control and Reclamation Act of 1977, and for other purposes."} | 1,181 | 265 | 0.661525 | 1.917715 | 0.989024 | 4.364865 | 4.536036 | 0.869369 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Replacement of
President Obama's Energy-Restricting and Job-Limiting Offshore Drilling
Plan''.
SEC. 2. DEFINITIONS.
In this Act:
(1) OCS planning area.--Any reference to an ``OCS Planning
Area'' means such Outer Continental Shelf Planning Area as
specified by the Department of the Interior as of January 1,
2012.
(2) Proposed final outer continental shelf oil & gas
leasing program (2012-2017).--The term ``Proposed Final Outer
Continental Shelf Oil & Gas Leasing Program (2012-2017)'' means
such program as transmitted to the Speaker of the House and
President of the Senate on June 28, 2012.
SEC. 3. REQUIREMENT TO IMPLEMENT PROPOSED OIL AND GAS LEASING PROGRAM
(2012-2017).
(a) In General.--Except as otherwise provided in this Act, the
Secretary of the Interior shall implement the Proposed Final Outer
Continental Shelf Oil & Gas Leasing Program (2012-2017) in accordance
with the schedule for conducting oil and gas lease sales set forth in
such proposed program, the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.), and otherwise applicable law.
(b) Modified and Additional Lease Sales.--Notwithstanding the
schedule of lease sales in the Proposed Final Outer Continental Shelf
Oil & Gas Leasing Program (2012-2017), the Secretary shall conduct
under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
oil and gas lease sales in OCS Planning Areas as specified in the
following table, in the year specified in the table for each lease
sale:
----------------------------------------------------------------------------------------------------------------
Lease Sale No. OCS Planning Area Year
----------------------------------------------------------------------------------------------------------------
229 Western Gulf of Mexico....... 2012
220 Mid-Atlantic................. 2013
225 Eastern Gulf of Mexico....... 2013
227 Central Gulf of Mexico....... 2013
249 Southern California (existing 2013
infrastructure sale)........
233 Western Gulf of Mexico....... 2013
244 Cook Inlet................... 2013
212 Chukchi Sea.................. 2013
228 Southern California.......... 2014
230 Mid-Atlantic................. 2014
231 Central Gulf of Mexico....... 2014
238 Western Gulf of Mexico....... 2014
242 Beaufort Sea................. 2014
221 Chukchi Sea.................. 2014
245 Mid-Atlantic................. 2015
232 North Atlantic............... 2015
234 Eastern Gulf of Mexico....... 2015
235 Central Gulf of Mexico....... 2015
246 Western Gulf of Mexico....... 2015
237 Chukchi Sea.................. 2016
239 North Aleutian Basin......... 2016
248 Western Gulf of Mexico....... 2016
241 Central Gulf of Mexico....... 2016
226 Eastern Gulf of Mexico....... 2016
217 Beaufort Sea................. 2016
243 Southern California.......... 2017
250 Mid-Atlantic................. 2017
247 Central Gulf of Mexico....... 2017
255 South Atlantic-South Carolina 2015
----------------------------------------------------------------------------------------------------------------
(c) Lease Sales Described.--For purposes of subsection (b)--
(1) lease sale numbers 229, 227, 233, 244, 225, 231, 238,
235, 242, 246, 226, 241, 237, 248, and 247 are such sales
proposed in, and shall be conducted in accordance with, the
Proposed Final Outer Continental Shelf Oil & Gas Leasing
Program (2012-2017), except each such lease sale shall be
conducted in the year specified for such sale in the table in
subsection (b);
(2) lease sale numbers 220, 212, 228, 230, 221, 245, 232,
234, 239, 217, and 243 are such sales proposed in, and shall be
conducted in accordance with, the Draft Proposed Outer
Continental Shelf (OCS) Oil and Gas Leasing Program for 2010-
2015 as published in Federal Register on January 21, 2009 (74
Fed. Reg. 12), except each such lease sale shall be conducted
in the year specified for such sale in the table in subsection
(b); and
(3) lease sale numbers 249 and 250 shall be conducted--
(A) for lease tracts in the Southern California OCS
Planning Area and Mid-Atlantic OCS Planning Area,
respectively, as determined by and at the discretion of
the Secretary, subject to subparagraph (C);
(B) in the year specified for each such lease sale
in the table in subsection (b); and
(C) in accordance with the other provisions of this
Act.
SEC. 4. SOUTHERN CALIFORNIA EXISTING INFRASTRUCTURE LEASE SALE.
(a) In General.--In lease sale 249 under section 3, the Secretary
shall offer for sale leases of tracts in the Santa Maria and Santa
Barbara/Ventura Basins of the Southern California OCS Planning Area as
soon as practicable, but not later than December 31, 2013.
(b) Use of Existing Structures or Onshore-Based Drilling.--The
Secretary of the Interior shall include in leases offered for sale
under lease sale 249 such terms and conditions as are necessary to
require that development and production may occur only from offshore
infrastructure in existence on the date of the enactment of this Act or
from onshore-based drilling.
SEC. 5. NATIONAL DEFENSE.
(a) National Defense Areas.--This Act shall in no way affect the
existing authority of the Secretary of Defense, with the approval of
the President, to designate national defense areas on the outer
Continental Shelf pursuant to section 12(d) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1341(d)).
(b) Prohibition on Conflicts With Military Operations.--No person
may engage in any exploration, development, or production of oil or
natural gas on the Outer Continental Shelf under a lease issued under
this Act that would conflict with any military operation, as determined
in accordance with the Memorandum of Agreement between the Department
of Defense and the Department of the Interior on Mutual Concerns on the
Outer Continental Shelf signed July 20, 1983, and any revision or
replacement for that agreement that is agreed to by the Secretary of
Defense and the Secretary of the Interior after that date but before
the date of issuance of the lease under which such exploration,
development, or production is conducted.
SEC. 6. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.
(a) In General.--For the purposes of this Act and in order to
conduct lease sales in accordance with the lease sale schedule
established by this Act, the Secretary of the Interior shall prepare a
multisale environmental impact statement under section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332) for all
lease sales required under this Act that are not included in the
Proposed Final Outer Continental Shelf Oil & Gas Leasing Program (2012-
2017).
(b) Actions To Be Considered.--Notwithstanding section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332), in such
statement--
(1) the Secretary is not required to identify nonleasing
alternative courses of action or to analyze the environmental
effects of such alternative courses of action; and
(2) the Secretary shall only--
(A) identify a preferred action for leasing and not
more than one alternative leasing proposal; and
(B) analyze the environmental effects and potential
mitigation measures for such preferred action and such
alternative leasing proposal.
SEC. 7. EASTERN GULF OF MEXICO NOT INCLUDED.
Nothing in this Act affects restrictions on oil and gas leasing
under the Gulf of Mexico Energy Security Act of 2006 (title I of
division C of Public Law 109-432; 43 U.S.C. 1331 note).
SEC. 8. LEASE SALES OFF THE COASTS OF SOUTH CAROLINA AND CALIFORNIA.
In determining the areas off the coast of South Carolina and the
coast of California to be made available for leasing under this Act,
the Secretary of the Interior shall--
(1) consult with the Governor and legislature of each such
State; and
(2) focus on areas considered to have the most geologically
promising energy resources.
Passed the House of Representatives July 25, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Congressional Replacement of President Obama's Energy-Restricting and Job-Limiting Offshore Drilling Plan - (Sec. 3) Directs the Secretary of the Interior to implement the Proposed Final Outer Continental Shelf Oil & Gas Leasing Program (2012-2017) in accordance with the schedule for conducting oil and gas lease sales set forth in it and in the Outer Continental Shelf Lands Act.
Instructs the Secretary to conduct each of specified oil and gas lease sales in the Outer Continental Shelf (OCS) Planning Areas, including certain ones in the Draft Proposed Outer Continental Shelf (OCS) Oil and Gas Leasing Program (2010-2015), during its specified year.
(Sec. 4) Requires the Secretary to offer for sale, by December 31, 2013, leases of tracts in the Santa Maria and Santa Barbara/Ventura Basins of the Southern California OCS Planning Area.
Requires the Secretary to include in such leases any terms and conditions necessary to require that development and production may occur only from offshore infrastructure in existence on the date of the enactment of this Act or from onshore-based drilling.
(Sec. 5) Retains the authority of the Secretary of Defense (DOD) to designate national defense areas on the OCS.
Prohibits exploration, development, or production of oil or natural gas on the OCS under a lease issued under this Act that would conflict with any military operation determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, including any revision or replacement for that agreement agreed to after that date but before the issuance of the lease under which such exploration, development, or production is conducted.
(Sec. 6) Requires the Secretary to prepare a multisale environmental impact statement pursuant to the National Environmental Policy Act of 1969 for lease sales required under this Act that are not included in the Proposed Final Leasing Program (2012-2017).
States that the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such alternative courses of action. Requires the Secretary only to: (1) identify a preferred action for leasing and not more than one alternative leasing proposal, and (2) analyze the environmental effects and potential mitigation measures for such preferred action and such alternative leasing proposal.
(Sec. 7) Declares that nothing in this Act affects restrictions on oil and gas leasing under the Gulf of Mexico Energy Security Act of 2006.
(Sec. 8) Directs the Secretary, in determining the areas off the coasts of South Carolina and California to be made available for leasing under this Act, to: (1) consult with the governor and legislature of each state; and (2) focus on areas considered to have the most geologically promising energy resources. | {"src": "billsum_train", "title": "To officially replace, within the 60-day Congressional review period under the Outer Continental Shelf Lands Act, President Obama's Proposed Final Outer Continental Shelf Oil & Gas Leasing Program (2012-2017) with a congressional plan that will conduct additional oil and natural gas lease sales to promote offshore energy development, job creation, and increased domestic energy production to ensure a more secure energy future in the United States, and for other purposes."} | 1,942 | 623 | 0.63425 | 1.986341 | 0.734599 | 6.712454 | 3.056777 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Signature Act of 1999''.
SEC. 2. RECOGNITION OF DIGITAL SIGNATURES.
(a) Requirement.--To the extent that a Federal agency recognizes a
written signature as authenticating a document, the agency shall
recognize a digital signature as authenticating an equivalent
electronically formatted document.
(b) Effective Date.--Subsection (a) shall take effect 1 year after
the date of the enactment of this Act.
SEC. 3. DIGITAL SIGNATURE INFRASTRUCTURE.
(a) Guidelines and Standards.--Not later than 6 months after the
date of the enactment of this Act, the Director, in consultation with
industry, shall develop digital signature infrastructure guidelines and
standards for use by Federal agencies to enable those agencies to
effectively utilize digital signatures in a manner that is--
(1) sufficiently secure to meet the needs of those agencies
and the general public; and
(2) interoperable, to the maximum extent possible.
(b) Elements.--The guidelines and standards developed under
subsection (a) shall include--
(1) technical security requirements for digital signature
infrastructure products and services;
(2) validation criteria to enable Federal agencies to
select digital signature infrastructure products and services
appropriate to their needs; and
(3) minimum interoperability specifications for the Federal
acquisition of digital signature infrastructure products and
services.
(c) Coordination With National Policy Panel.--The Director shall
ensure that the development of guidelines and standards under this
section is carried out in coordination with the efforts of the National
Policy Panel for Digital Signatures under section 7.
(d) Revisions.--The Director shall periodically review the
guidelines and standards developed under subsection (a) and revise them
as appropriate.
SEC. 4. VALIDATION OF PRODUCTS.
Not later than 6 months after the date of the enactment of this
Act, and periodically thereafter as appropriate, the Director shall
make available to Federal agencies and to the public an evaluation of
the conformance with the guidelines and standards developed under
section 3 of commercially available digital signature infrastructure
products, and other such products used by Federal agencies.
SEC. 5. ELECTRONIC CERTIFICATION AND MANAGEMENT SYSTEMS.
(a) Criteria.--Not later than 6 months after the date of the
enactment of this Act, the Director shall establish minimum technical
criteria for the use by Federal agencies of electronic certification
and management systems.
(b) Evaluation.--The Director shall establish a program for
evaluating the conformance with the criteria established under
subsection (a) of electronic certification and management systems,
developed for use by Federal agencies or available for such use.
(c) Maintenance of List.--The Director shall maintain and make
available to Federal agencies a list of electronic certification and
management systems the Director has evaluated as conforming to the
criteria established under subsection (a).
SEC. 6. REPORTS.
Not later than 6 months after the date of the enactment of this
Act, and annually thereafter, the Director shall transmit to the
Congress a report that includes--
(1) a description and analysis of the utilization by
Federal agencies of digital signatures;
(2) an evaluation of the extent to which Federal agencies'
digital signature infrastructures conform to the guidelines and
standards developed under section 3(a);
(3) an evaluation of the extent to which Federal agencies'
electronic certification and management systems conform to the
criteria established under section 5(a);
(4) the list described in section 5(c); and
(5) evaluations made under section 4.
SEC. 7. NATIONAL POLICY PANEL FOR DIGITAL SIGNATURES.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary shall establish a National
Policy Panel for Digital Signatures. The Panel shall be composed of
government, academic, and industry technical and legal experts on the
implementation of digital signature technologies, State officials,
including officials from States which have enacted laws establishing
digital signature infrastructures, and representative individuals from
the interested public.
(b) Responsibilities.--The Panel shall serve as a forum for
exploring all relevant factors associated with the development of a
national digital signature infrastructure based on uniform standards to
enable the widespread availability and use of digital signature
systems. The Panel shall develop--
(1) model practices and procedures for certification
authorities to ensure the accuracy, reliability, and security
of operations associated with issuing and managing digital
certificates;
(2) standards to ensure consistency among jurisdictions
that license certification authorities; and
(3) audit standards for certification authorities.
(c) Coordination.--The Panel shall coordinate its efforts with
those of the Director under section 3.
(d) Administrative Support.--The Under Secretary shall provide
administrative support to enable the Panel to carry out its
responsibilities.
(e) Report.--Not later than 1 year after the date of the enactment
of this Act, the Under Secretary shall transmit to the Congress a
report containing the recommendations of the Panel.
SEC. 8. DEFINITIONS.
For purposes of this Act--
(1) the term ``certification authorities'' means issuers of
digital certificates;
(2) the term ``digital certificate'' means an electronic
document that binds an individual's identity to the
individual's digital signature;
(3) the term ``digital signature'' means a mathematically
generated mark utilizing asymmetric key cryptography techniques
that is unique to both the signatory and the information
signed;
(4) the term ``digital signature infrastructure'' means the
software, hardware, and personnel resources, and the
procedures, required to effectively utilize digital
certificates and digital signatures;
(5) the term ``Director'' means the Director of the
National Institute of Standards and Technology;
(6) the term ``electronic certification and management
systems'' means computer systems, including associated
personnel and procedures, that enable individuals to apply
unique digital signatures to electronic information; and
(7) the term ``Under Secretary'' means the Under Secretary
of Commerce for Technology. | Digital Signature Act of 1999 - Directs a Federal agency, to the extent that it recognizes a written signature as authenticating a document, to recognize a digital signature as authenticating an equivalent electronically formatted document.
Requires the Director of the National Institute of Standards and Technology to develop digital signature infrastructure guidelines and standards for use by Federal agencies to enable those agencies to utilize digital signatures in a manner that is: (1) sufficiently secure to meet the needs of those agencies and the public; and (2) interoperable to the maximum extent possible. Requires the Director to: (1) ensure the development of such guidelines and standards in coordination with the efforts of the National Policy Panel for Digital Signatures (established by this Act); and (2) make available to such agencies and the public an evaluation of the conformance of commercially available digital signature infrastructure products and other such products used by those agencies with such guidelines and standards.
Directs the Director to: (1) establish minimum technical criteria for use of electronic certification and management systems by Federal agencies; (2) establish a program for evaluating conformance of electronic certification and management systems developed for use by Federal agencies or available for such use with such criteria; and (3) maintain and make available to Federal agencies a list of those systems conforming to such criteria.
Directs the Panel to develop: (1) model practices and procedures for certification authorities for ensuring the accuracy, reliability, and security of operations associated with issuing and managing digital certificates; (2) standards for ensuring consistency among jurisdictions that license such authorities; and (3) audit standards for such authorities.
Directs the Under Secretary of Commerce for Technology to provide administrative support to the Panel and report to Congress on the Panel's recommendations. | {"src": "billsum_train", "title": "Digital Signature Act of 1999"} | 1,312 | 352 | 0.801182 | 2.632538 | 0.89351 | 4.705882 | 3.6 | 0.958824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Plan Colombia Trade Act''.
SEC. 2. TEMPORARY EXTENSION OF ADDITIONAL TRADE BENEFITS TO CERTAIN
ANDEAN COUNTRIES.
(a) In General.--Section 204(b) of the Andean Trade Preference Act
(19 U.S.C. 3203(b)) is amended to read as follows:
``(b) Exceptions to Duty-Free Treatment.--
``(1) In General.--Subject to paragraphs (2), the duty-free
treatment provided under this title shall not apply to--
``(A) textile and apparel articles which are subject
to textile agreements;
``(B) footwear not designated at the time of the
effective date of this Act as eligible for the purpose
of the generalized system of preferences under title V
of the Trade Act of 1974;
``(C) tuna, prepared or preserved in any manner, in
airtight containers;
``(D) petroleum, or any product derived from
petroleum, provided for in headings 2709 and 2710 of
the HTS;
``(E) watches and watch parts (including cases,
bracelets and straps), of whatever type including, but
not limited to, mechanical, quartz digital or quartz
analog, if such watches or watch parts contain any
material which is the product of any country with
respect to which HTS column 2 rates of duty apply;
``(F) articles to which reduced rates of duty apply
under subsection (c);
``(G) sugars, syrups, and molasses classified in
subheadings 1701.11.03, 1701.12.02, 1701.99.02,
1702.90.32, 1806.10.42, and 2106.90.12 of the HTS; or
``(H) rum and tafia classified in subheading
2208.40.00 of the HTS.
``(2) Transition period treatment of certain textile and
apparel articles.--
``(A) Articles covered.--During the transition
period, the preferential treatment described in
subparagraph (B) shall apply to the following articles:
``(i) Apparel articles assembled in one or
more beneficiary countries.--Apparel articles
assembled in one or more beneficiary countries
from fabrics wholly formed and cut in the
United States, from yarns wholly formed in the
United States, that are--
``(I) entered under subheading
9802.00.80 of the HTS; or
``(II) entered under chapter 61 or
62 of the HTS, if, after such assembly,
the articles would have qualified for
entry under subheading 9802.00.80 of
the HTS but for the fact that the
articles were embroidered or subjected
to stone-washing, enzyme-washing, acid
washing, perma-pressing, oven-baking,
bleaching, garment-dyeing, screen
printing, or other similar processes.
``(ii) Apparel articles cut and assembled
in one or more beneficiary countries.--Apparel
articles cut in one or more beneficiary
countries from fabric wholly formed in the
United States from yarns wholly formed in the
United States, if such articles are assembled
in one or more such countries with thread
formed in the United States.
``(iii) Special rules.--
``(I) Exception for findings and
trimmings.--(aa) An article otherwise
eligible for preferential treatment
under this paragraph shall not be
ineligible for such treatment because
the article contains findings or
trimmings of foreign origin, if such
findings and trimmings do not exceed 25
percent of the cost of the components
of the assembled product. Examples of
findings and trimmings are sewing
thread, hooks and eyes, snaps, buttons,
`bow buds', decorative lace, trim,
elastic strips, zippers, including
zipper tapes and labels, and other
similar products. Elastic strips are
considered findings or trimmings only
if they are each less than 1 inch in
width and are used in the production of
brassieres.
``(bb) In the case of an article
described in clause (ii) of this
subparagraph, sewing thread shall not
be treated as findings or trimmings
under this subclause.
``(II) Certain interlining.--(aa)
An article otherwise eligible for
preferential treatment under this
paragraph shall not be ineligible
for such treatment because the article contains certain interlinings of
foreign origin, if the value of such interlinings (and any findings and
trimmings) does not exceed 25 percent of the cost of the components of
the assembled article.
``(bb) Interlinings eligible for
the treatment described in division
(aa) include only a chest type plate,
`hymo' piece, or `sleeve header', of
woven or weft-inserted warp knit
construction and of coarse animal hair
or man-made filaments.
``(cc) The treatment described in
this subclause shall terminate if the
President makes a determination that
United States manufacturers are
producing such interlinings in the
United States in commercial quantities.
``(III) De minimis rule.--An
article that would otherwise be
ineligible for preferential treatment
under this paragraph because the
article contains fibers or yarns not
wholly formed in the United States or
in one or more beneficiary countries
shall not be ineligible for such
treatment if the total weight of all
such fibers or yarns is not more than 7
percent of the total weight of the
good. Notwithstanding the preceding
sentence, an apparel article containing
elastomeric yarns shall be eligible for
preferential treatment under this
paragraph only if such yarns are wholly
formed in the United States.
``(IV) Special origin rule.--An
article otherwise eligible for
preferential treatment under clause (i)
or (ii) of this subparagraph shall not
be ineligible for such treatment
because the article contains nylon
filament yarn (other than elastomeric
yarn) that is classifiable under
subheading 5402.10.30, 5402.10.60,
5402.31.30, 5402.31.60, 5402.32.30,
5402.32.60, 5402.41.10, 5402.41.90,
5402.51.00, or 5402.61.00 of the HTS
duty-free from a country that is a
party to an agreement with the United
States establishing a free trade area,
which entered into force before January
1, 1995.
``(iv) Special rule for fabrics not formed
from yarns.--
``(I) Application to clause (i).--
An article otherwise eligible for
preferential treatment under clause (i)
of this subparagraph shall not be
ineligible for such treatment because
the article is assembled in one or more
beneficiary countries from fabrics not
formed from yarns, if such fabrics are
classifiable under heading 5602 or 5603
of the HTS and are wholly formed and
cut in the United States.
``(II) Application to clause
(ii).--An article otherwise eligible
for preferential treatment under clause
(ii) of this subparagraph shall not be
ineligible for such treatment because
the article is assembled in one or more
beneficiary countries from fabrics not
formed from yarns, if such fabrics are
classifiable under heading 5602 or 5603
of the HTS and are wholly formed in the
United States.
``(B) Preferential treatment.--During the
transition period, the articles to which this paragraph
applies shall enter the United States free of duty and
free of any quantitative restrictions, limitations, or
consultation levels.
``(C) Transition period.--In this paragraph, the
term `transition period' means, with respect to a
beneficiary country, the period that begins on the date
of enactment of the Plan Colombia Trade Act or October
1, 2000, whichever is later, and ends on the date that
duty-free treatment ends under this title.''.
(b) Factors Affecting Designation.--
(1) In general.--Section 203(d) of the Andean Trade
Preference Act (19 U.S.C. 3202(d)) is amended--
(A) by striking ``and'' at the end of paragraph
(11);
(B) by striking the period at the end of paragraph
(12) and inserting ``; and''; and
(C) by adding at the end the following:
``(13) the extent to which such country adheres to
democratic principles and the rule of law.''.
(2) Effective date.--The amendments made by this subsection
take effect on the earlier of--
(A) October 1, 2000; or
(B) the date of enactment of the Plan Colombia
Trade Act. | Requires the President, in determining whether to designate a country a beneficiary country, to take into account, among other things, the extent to which such country adheres to democratic principles and the rule of law. | {"src": "billsum_train", "title": "Plan Colombia Trade Act"} | 1,961 | 49 | 0.316542 | 0.81547 | -0.024388 | 3.575 | 42.525 | 0.825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Bureau of Investigation
Appropriations Authorization Act, Fiscal Year 1994''.
SEC. 2. 1994 FISCAL YEAR AUTHORIZATION.
There is authorized to be appropriated for the fiscal year ending
September 30, 1994, to carry out the activities of the Federal Bureau
of Investigation $1,998,705,000 which shall include--
(1) funds for the purchase for police-type use of passenger
motor vehicles without regard to the general purchase price
limitation for the current fiscal year, and for the hire of
passenger motor vehicles, which funds may be expended for the
purchase or lease of such motor vehicles directly from the
manufacturer or lessor;
(2) funds for the acquisition, lease, maintenance and
operation of aircraft;
(3) not to exceed $70,000 to meet unforeseen emergencies of
a confidential character to be expended under the direction of
the Attorney General and to be accounted for solely on the
certificate of the Attorney General;
(4) not to exceed $10,000,000 for making payments or
advances for expenses arising out of contractual or
reimbursable agreements with State and local law enforcement
agencies while engaged in cooperative activities related to
violent crime, terrorism, organized crime, and drug
investigations;
(5) not to exceed $8,000,000 for research and development
relating to investigative activities, which shall remain
available until expended;
(6) not to exceed $25,000,000 for automated data processing
and telecommunications, which shall remain available until
September 30, 1995;
(7) not to exceed $1,000,000 for undercover operations,
which shall remain available until September 30, 1995;
(8) $50,400,000, to remain available until expended, to
defray expenses for the automation of fingerprint
identification services and related costs, except that current
fingerprint identification personnel who were employed in good
standing at the Federal Bureau of Investigation in May 1990
shall be afforded comparable scale and grade positions with the
Bureau in the Washington metropolitan area;
(9) $1,500,000 to maintain an independent program office
dedicated solely to the relocation of the Identification
Division and the automation of fingerprint identification
services;
(10) not less than $399,175,000 for the Bureau's white
collar crime and applicant program;
(11) $51,645,000 for the Bureau's training program,
including $2,000,000 to develop and implement a violence
reduction training program for State and local police officers;
(12) not less than $325,893,000 for the Bureau's violent
crime program;
(13) not less than $270,334,000 for the Bureau's organized
criminal enterprises program;
(14) not less than $4,500,000 for the Bureau's forensic DNA
analysis program, including research, training, casework, and
establishing and maintaining a national DNA index for law
enforcement identification purposes pursuant to quality control
and privacy safeguards; and
(15) not to exceed $45,000 for official reception and
representation expenses.
The Bureau shall fully support implementation of NCIC 2000 by the
States. None of the funds authorized by this Act may be used by the
Bureau to relocate management and administrative operations for the
National Crime Information Center or the Uniform Crime Reporting
Program.
SEC. 3. GENERAL AUTHORITIES.
The Attorney General may use funds authorized to be appropriated
for the Federal Bureau of Investigation to make payments for the
conduct of its activities. Such payments may not be used to pay the
compensation of any employee in the competitive service but may include
payments for--
(1) expenses necessary for the detection and prosecution of
crimes against the United States;
(2) protection of the person of the President of the United
States and the person of the Attorney General;
(3) investigations regarding official matters under the
control of the Department of Justice and the Department of
State, as may be directed by the Attorney General; and
(4) acquisition, collection, classification and
preservation of identification and other records and their
exchange with, and for the official use of, the duly authorized
officials of the Federal Government, of States, cities and
other institutions, such exchange to be subject to cancellation
if dissemination is made outside the receiving departments or
agencies. | Federal Bureau of Investigation Appropriations Authorization Act, Fiscal Year 1994 - Authorizes appropriations to carry out the activities of the Federal Bureau of Investigation (FBI) for FY 1994.
Directs the FBI to fully support implementation of NCIC 2000 by the States. Bars the use of funds authorized by this Act to relocate management and administrative operations for the National Crime Information Center or the Uniform Crime Reporting Program.
Authorizes the Attorney General to use funds authorized to be appropriated for the FBI to make payments for the conduct of its activities. Bars the use of such payments to pay the compensation of any employee in the competitive service, but permits payments for: (1) expenses necessary for the detection and prosecution of crimes against the United States; (2) protection of the President and the Attorney General; (3) investigations regarding official matters under the control of the Department of Justice and the Department of State; and (4) acquisition, collection, classification, and preservation of identification and other records and their exchange with, and for the official use of, authorized officials of the Federal Government, States, cities, and other institutions, with such exchange subject to cancellation if dissemination is made outside the receiving departments or agencies. | {"src": "billsum_train", "title": "Federal Bureau of Investigation Appropriations Authorization Act, Fiscal Year 1994"} | 841 | 246 | 0.531701 | 1.686671 | 0.860848 | 5.827004 | 3.611814 | 0.940928 |
SECTION 1. AUTHORITY TO ESTABLISH NONPROFIT CORPORATIONS.
(a) Chapter 17 of title 38, United States Code, is amended by
inserting after section 1718 the following new section:
``Sec. 1718A. Nonprofit corporations
``(a) The Secretary may authorize the establishment at any Veterans
Health Administration facility of a nonprofit corporation (1) to
arrange for therapeutic work for patients of such facility or patients
of other such Department facilities pursuant to section 1718(b) of this
title, and (2) to provide a flexible funding mechanism to achieve the
purposes of section 1718 of this title.
``(b) The Secretary shall provide for the appointment of a board of
directors for any corporation established under this section and shall
determine the number of directors and the composition of the board of
directors. The board of directors shall include--
``(1) the director of the facility and other officials or
employees of the facility; and
``(2) members appointed from among individuals who are not
officers or employees of the Department of Veterans Affairs.
``(c) Each such corporation shall have an executive director who
shall be appointed by the board of directors with concurrence of the
Under Secretary for Health of the Department. The executive director of
a corporation shall be responsible for the operations of the
corporation and shall have such specific duties and responsibilities as
the board may prescribe.
``(d) A corporation established under this section may--
``(1) arrange with the Department of Veterans Affairs under
section 1718(b)(2) of this title to provide for therapeutic
work for patients;
``(2) accept gifts and grants from, and enter into
contracts with, individuals and public and private entities
solely to carry out the purposes of this section; and
``(3) employ such employees as it considers necessary for
such purposes and fix the compensation of such employees.
``(e)(1) Except as provided in paragraph (2), any funds received by
a corporation established under this section through arrangements
authorized under subsection (d)(1) in excess of amounts reasonably
required to carry out obligations of the corporation authorized under
subsection (d)(3) shall be deposited in or credited to the Special
Therapeutic and Rehabilitation Activities Fund established under
section 1718(c) of this title.
``(2) The Secretary, in accordance with guidelines which the
Secretary shall prescribe, may authorize a corporation established
under this section to retain funds derived from arrangements authorized
under subsection (d)(1).
``(3) Any funds received by a corporation established under this
section through arrangements authorized under subsection (d)(2) may be
transferred to the Special Therapeutics and Rehabilitation Activities
Fund.
``(f) A corporation established under this section shall be
established in accordance with the nonprofit corporation laws of the
State in which the applicable medical facility is located and shall, to
the extent not inconsistent with Federal law, be subject to the laws of
such State.
``(g)(1)(A) The records of a corporation established under this
section shall be available to the Secretary.
``(B) For the purposes of sections 4(a)(1) and 6(a)(1) of the
Inspector General Act of 1978, the programs and operations of such a
corporation shall be considered to be programs and operations of the
Department with respect to which the Inspector General of the
Department has responsibilities under such Act.
``(2) Such a corporation shall be considered an agency for the
purposes of section 716 of title 31 (relating to availability of
information and inspection of records by the Comptroller General).
``(3) Each such corporation shall submit to the Secretary an annual
report providing a detailed statement of its operations, activities,
and accomplishments during that year. The corporation shall obtain a
report of independent auditors concerning the receipts and expenditures
of funds by the corporation during that year and shall include that
report in the corporation's report to the Secretary for that year.
``(4) Each member of the board of directors of a corporation
established under this section, each employee of such corporation, and
each employee of the Department who is involved in the functions of the
corporation during any year shall--
``(A) be subject to Federal laws and regulations applicable
to Federal employees with respect to conflicts of interest in
the performance of official functions; and
``(B) submit to the Secretary an annual statement signed by
the director or employee certifying that the director or
employee is aware of, and has complied with, such laws and
regulations in the same manner as Federal employees are
required to.
``(h) The Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives an annual report on
the number and location of corporations established and the amount of
the contributions made to each such corporation.
``(i) No corporation may be established under this section after
September 30, 1999.
``(j) If by the end of the four-year period beginning on the date
of the establishment of a corporation under this section the
corporation is not recognized as an entity the income of which is
exempt from taxation under the Internal Revenue Code of 1986, the
Secretary shall dissolve the corporation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1718 the following new item:
``1718A. Nonprofit corporations.''.
SEC. 2. EXTENSION OF DEMONSTRATION PROGRAM.
Section 7 of Public Law 102-54 (105 Stat. 269; 38 U.S.C. 618 note)
is amended--
(1) in subsection (a), by striking out ``1994'' and
inserting in lieu thereof ``1997'';
(2) in subsection (c)--
(A) by striking out ``no more than 50''; and
(B) by striking out ``of this subsection.'' and
inserting in lieu thereof ``of this subsection--
``(1) at no more than 55 sites during fiscal year 1994;
``(2) at no more than 60 sites during fiscal year 1995;
``(3) at no more than 65 sites during fiscal year 1996; and
``(4) at no more than 70 sites during fiscal year 1997.'';
and
(3) in subsection (k), by inserting after the second
sentence the following: ``During the period covering fiscal
years 1994 through 1997, the Secretary shall manage the costs
of acquisition, management, maintenance, and disposition of
real property acquired for such program after October 1, 1994,
in such manner as to assure that in any fiscal year the total
amount of such expenditures do not exceed $500,000.''. | Authorizes the Secretary of Veterans Affairs to establish at any Veterans Health Administration facility a nonprofit corporation to: (1) arrange for therapeutic work for patients of such facility or other Department of Veterans Affairs facilities; and (2) provide a funding mechanism to achieve such purposes. Requires the appointment of a board of directors for any such corporation. Requires excess funds received by a corporation to be deposited into the Special Therapeutic and Rehabilitation Activities Fund. Requires an annual corporation report to the Secretary concerning operations, accomplishments, and activities. Requires an annual report from the Secretary to the Congress. Prohibits the establishment of any such corporation after FY 1999. Requires a corporation to be dissolved if not recongized as tax-exempt by the Internal Revenue Service within four years of its establishment.
Extends through FY 1997 (currently 1994) the Department's compensated work therapy and therapeutic transitional housing demonstration program. Removes the 50-residence limit under the housing program, increasing such amount by five for each of FY 1994 through 1997. Limits the expenditures for each such fiscal year for the costs of acquisition, management, maintenance, and disposition of real property for program purposes. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to improve the ability of the Department of Veterans Affairs to provide continuity of care in the rehabilitation of chronically mentally ill veterans, and for other purposes."} | 1,393 | 260 | 0.584997 | 1.811697 | 0.862857 | 2.585903 | 6.185022 | 0.84141 |
SECTION 1. ELECTION TO RECEIVE RETIRED PAY FOR NON-REGULAR SERVICE UPON
RETIREMENT FOR SERVICE IN AN ACTIVE RESERVE STATUS
PERFORMED AFTER ATTAINING ELIGIBILITY FOR REGULAR
RETIREMENT.
(a) Election Authority; Requirements.--Subsection (a) of section
12741 of title 10, United States Code, is amended to read as follows:
``(a) Authority To Elect To Receive Reserve Retired Pay.--(1) A
person may elect to receive retired pay under this chapter, instead of
receiving retired or retainer pay under chapter 65, 367, 571, or 867 of
this title, if--
``(A) the person satisfies the requirements specified in
paragraphs (1) and (2) of section 12731(a) of this title for
entitlement to retired pay under this chapter;
``(B) the person served in an active status in the Selected
Reserve of the Ready Reserve after becoming eligible for
retirement under chapter 65, 367, 571, or 867 of this title
(without regard to whether the person actually retired or
received retired or retainer pay under one of those chapters);
``(C) the person completed not less than two years of
service in such active status (excluding any period of active
service); and
``(D) the service of the person in such active status is
determined by the Secretary concerned to have been
satisfactory.
``(2) The Secretary concerned may reduce the two-year service
requirement specified in paragraph (1)(C) in the case of a person who--
``(A) completed at least six months of service in a
position of adjutant general required under section 314 of
title 32 or in a position of assistant adjutant general
subordinate to such a position of adjutant general; and
``(B) failed to complete the minimum two years of service
solely because the appointment of the person to such position
was terminated or vacated as described in section 324(b) of
title 32.''.
(b) Actions To Effectuate Election.--Subsection (b) of such section
is amended by striking paragraph (1) and inserting the following new
paragraph:
``(1) terminate the eligibility of the person to retire
under chapter 65, 367, 571, or 867 of this title, if the person
is not already retired under one of those chapters, and
terminate entitlement of the person to retired or retainer pay
under one of those chapters, if the person was already
receiving retired or retainer pay under one of those chapters;
and''.
(c) Conforming Amendment To Reflect New Variable Age Requirement
for Retirement.--Subsection (d) of such section is amended--
(1) in paragraph (1), by striking ``attains 60 years of
age'' and inserting ``attains the eligibility age applicable to
the person under section 12731(f) of this title''; and
(2) in paragraph (2)(A), by striking ``attains 60 years of
age'' and inserting ``attains the eligibility age applicable to
the person under such section''.
(d) Repeal of Restriction on Election To Receive Reserve Retired
Pay.--Section 12731(a) of such title is amended--
(1) by inserting ``and'' at the end of paragraph (2);
(2) by striking ``; and'' at the end of paragraph (3) and
inserting a period; and
(3) by striking paragraph (4).
(e) Clerical Amendments.--
(1) Section heading.--The heading for section 12741 of such
title is amended to read as follows:
``Sec. 12741. Retirement for service in an active status performed in
the Selected Reserve of the Ready Reserve after
eligibility for regular retirement''.
(2) Table of sections.--The table of sections at the
beginning of chapter 1223 of such title is amended by striking
the item relating to section 12741 and inserting the following
new item:
``12741. Retirement for service in an active status performed in the
Selected Reserve of the Ready Reserve after
eligibility for regular retirement.''.
(f) Retroactive Applicability.--The amendments made by this section
shall take effect as of January 1, 2008.
SEC. 2. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF RETIRED GRADE OF
RESERVE RETIREES TO REFLECT SERVICE AFTER RETIREMENT.
(a) Recomputation.--Section 10145 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(e)(1) If a member of the Retired Reserve is recalled to an
active status under subsection (d) in the Selected Reserve of the Ready
Reserve and completes not less than two years of service in such active
status, the member is entitled to--
``(A) the recomputation of the retired pay of the member
determined under section 12739 of this title; and
``(B) in the case of a commissioned officer, an adjustment
in the retired grade of the member in the manner provided in
section 1370 of this title.
``(2) The Secretary concerned may reduce the two-year service
requirement specified in paragraph (1) in the case of a member who--
``(A) is recalled to serve in a position of adjutant
general required under section 314 of title 32 or in a position
of assistant adjutant general subordinate to such a position of
adjutant general;
``(B) completes at least six months of service in such
position; and
``(C) fails to complete the minimum two years of service
solely because the appointment of the member to such position
is terminated or vacated as described in section 324(b) of
title 32.''.
(b) Retroactive Applicability.--The amendment made by this section
shall take effect as of January 1, 2008. | Authorizes reserve personnel who serve in an active reserve status in the Selected Reserve for at least two years after becoming eligible for active-duty retirement to elect a non-regular retirement for which they are qualified.
Authorizes the Secretary of the military department concerned to reduce the two-year service requirement in certain cases.
Provides for the recomputation of retired pay and, if appropriate, the adjustment of the retired grade of reserve retirees to reflect the successful completion of at least two years of post-retirement service in an active reserve status. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to modify certain retirement pay and grade authorities for service performed after eligibility for retirement, and for other purposes."} | 1,325 | 119 | 0.552044 | 1.421341 | 0.467484 | 2.451923 | 11.298077 | 0.817308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Prosecutions of
International Espionage Schemes Act of 2007''.
SEC. 2. REVISION OF ESPIONAGE CRIMES.
(a) In General.--Chapter 37 of title 18, United States Code, is
amended to read as follows:
``CHAPTER 37--ESPIONAGE AND RELATED OFFENSES
``Sec.
``791. Gathering or transmitting information connected with the
national defense.
``792. Losing information connected with the national defense.
``793. Forfeiture.
``794. General provisions for chapter.
``Sec. 791. Gathering or transmitting information connected with the
national defense
``Whoever, with intent or reason to believe that the information
will be used to the injury of the United States, or to the advantage of
any foreign power, knowingly--
``(1) without authorization obtains information connected
with the national defense; or
``(2) provides information connected with the national
defense to any person not entitled to receive it;
or attempts or conspires to do so, shall be imprisoned for life or for
any term of years, and if death results, shall be subject to the death
penalty.
``Sec. 792. Losing information connected with the national defense
``Whoever, or having lawful possession or control of any
information connected with the national defense--
``(1) recklessly permits that information to be lost,
stolen, or destroyed; or
``(2) knowing that the information has been lost, or
stolen, or destroyed, fails to make prompt report of that fact
to an appropriate superior officer;
shall be fined under this title or imprisoned not more than 20 years,
or both.
``Sec. 793. Forfeiture
``(a) In General.--A person convicted of a violation of this
chapter shall forfeit to the United States--
``(1) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(2) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation.
``(b) Sentence of Forfeiture.--The court, in imposing sentence on a
defendant for a conviction of a violation of this section, shall order
that the defendant forfeit to the United States all property described
in subsection (a).
``(c) Procedure.--Subsections (b), (c), and (e) through (p) of
section 413 of the Comprehensive Drug Abuse Prevention and Control Act
of 1970 shall apply to--
``(1) property subject to forfeiture under this subsection;
``(2) any seizure or disposition of such property; and
``(3) any administrative or judicial proceeding in relation
to such property.
``Sec. 794. General provisions for chapter
``(a) Definitions.--In this chapter--
``(1) the term `foreign power' has the meaning given that
term in section 101(a) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801(a)); and
``(2) the term `information connected with the national
defense' means non-public information in whatever form, the
disclosure of which could reasonably harm national security.
``(b) Exclusion Relating to Lawful Demands of Congress.--Nothing in
this chapter prohibits the furnishing, upon lawful demand, of
information to any regularly constituted committee of the Senate or
House of Representatives of the United States of America, or joint
committee thereof.
``(c) Statute of Limitations.--No person shall be tried for an
offense under this chapter unless the indictment is found or the
information is instituted not later than 10 years after the date on
which the offense was committed.''.
(b) Clerical Amendment.--The item relating to chapter 37 in the
table of chapters for part I of title 18, United States Code, is
amended to read as follows:
``37. Espionage and related offenses........................ 791''.
SEC. 3. CHAPTER 115 PENALTIES.
(a) Misprision of Treason.--Section 2382 of title 18, United States
Code, is amended by striking ``seven'' and inserting ``20''.
(b) Rebellion.--Section 2383 of title 18, United States Code, is
amended by striking ``ten'' and inserting ``20''.
SEC. 4. COMPUTER ESPIONAGE.
Section 1030 of title 18, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``willfully'' each place it appears
and inserting ``knowingly''; and
(B) by striking ``foreign nation'' and inserting
``foreign power (as defined in 101(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(a))'';
(2) in subsection (c)(1)(A), by striking ``ten'' and
inserting ``20'' and
(3) in subsection (c)(1)(B), by striking ``twenty'' and
inserting ``30''.
SEC. 5. SIMPLIFICATION OF SECTION 831.
Section 831 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``, if one of the
circumstances described in subsection (c) occurs'' and
inserting ``in the United States, the special maritime and
territorial jurisdiction of the United States, or the special
aircraft jurisdiction of the United States (as defined in
section 46501 of title 49)''; and
(2) by amending subsection (c) to read as follows:
``(c) There is extraterritorial jurisdiction over an offense under
this section.''.
SEC. 6. DESTRUCTION OF OR DAMAGE TO NUCLEAR FACILITY.
(a) In General.--Chapter 65 of title 18, United States Code, is
amended by inserting after section 1366 the following:
``Sec. 1366A. Damage to nuclear facility and related crimes
``(a) Offense.--Whoever knowingly--
``(1) causes physical damage to a nuclear facility or to
nuclear fuel;
``(2) without authorization causes an interruption of
normal operation of a nuclear facility;
or attempts or conspires to do so, shall be fined under this title or
imprisoned not more than 30 years or both, and if death results to any
person, shall subject to the death penalty and the maximum term of
imprisonment shall be life or any term of years.
``(b) Definitions.--In this section--
``(1) the term `nuclear facility' means any production
facility or utilization facility, nuclear storage facility, or
any uranium enrichment facility, as defined for the purposes of
the Atomic Energy Act of 1954, that is licenced under the
Atomic Energy Act of 1954; and
``(2) the term `nuclear fuel' means any fuel for a nuclear
facility or any spent nuclear fuel from a nuclear facility.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 65 of title 18, United States Code, is amended by inserting
after the item relating to section 1366 the following new item:
``1366A. Destruction of or damage to nuclear facility.''.
SEC. 7. ELIMINATION OF OBSOLETE OR SUPERSEDED CRIMINAL PROVISIONS IN
THE ATOMIC ENERGY ACT OF 1954.
The Atomic Energy Act of 1954 is amended--
(1) by striking sections 91, 221, 224, 225, 226, 227, and
235;
(2) by striking subsections a. and b. of section 57;
(3) in section 222 a., by striking ``57 or''; and
(4) by striking subsection b. of section 222.
SEC. 8. EXPORT CONTROL VIOLATIONS.
(a) In General.--Chapter 27 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 555. Export control violations
``(a) Offense.--Whoever knowingly violates a requirement of section
38 or 39 of the Arms Export Control Act (22 U.S.C. 2778; 2779) or of
the Export Administration Act of 1979 (50 U.S.C. App 2401 et seq.) or a
rule made under either of those sections or that Act, or attempts or
conspires to do so, shall be fined not more than $1,000,000 or
imprisoned not more than 20 years, or both.
``(b) State of Mind Proof.--This section does not require proof
that the defendant knew the requirement existed if the defendant had
reason to know that such was the case.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 27 of title 18, United States Code, is amended by adding at the
end the following new item:
``555. Export control violations.''.
(c) Conforming Amendments.--
(1) Arms export control act.--Section 38 of the Arms Export
Control Act (22 U.S.C. 2778) is amended by striking subsection
(c).
(2) Export administration act.--Section 11 of the Export
Administration Act (50 U.S.C. App. 2410) is amended by striking
subsections (a) and (b).
SEC. 9. WIRETAPPING EQUIPMENT PROHIBITION CHANGE.
Section 2512(2)(b) of title 18, United States Code, is amended by
inserting ``or otherwise authorized by'' after ``under contract with''.
SEC. 10. IMPROVEMENT OF CRIMINAL CASE DISPOSITION REPORTING.
Not later than 180 days after the date of the enactment of this
Act, the Attorney General, in consultation with the Secretary of the
Department of Homeland Security, the Secretary of the State Department,
and the Secretary of the Department of Commerce, shall implement a
policy to notify appropriate officials at the Department of Homeland
Security, Department of State and Department of Commerce of any
indictments, convictions, or dispositions of any criminal investigation
or prosecution involving violations of the Arms Export Control Act or
the Export Administration Act.
SEC. 11. COMPREHENSIVE IMPORT AND EXPORT CONTROL DATABASE.
Not later than one year after the date of the enactment of this
Act, the Attorney General, in consultation with the Secretary of the
Department of Homeland Security, the Secretary of the State Department,
and the Secretary of the Department of Commerce, shall develop a
database, which shall be publicly accessible on the Internet, and
include an accurate and up to date import and export control database
for export control activities, including lists of products that require
licensing and that are otherwise prohibited under the Arms Export
Control Act or the Export Administration Act.
SEC. 12. TECHNICAL ASSISTANCE TO IMPROVE ENFORCEMENT OF EXPORT
CONTROLS.
The Attorney General, in consultation with the Secretary of the
Department of Homeland Security, the Secretary of the State Department,
and the Secretary of the Department of Commerce, shall provide
technical assistance to train investigators and prosecutors to improve
and increase enforcement and prosecution of export control laws. | Supporting Prosecutions of International Espionage Schemes Act of 2007 - Amends the federal criminal code to: (1) revise criminal prohibitions against unauthorized gathering and disclosure of national defense information and recklessly losing such information; (2) increase maximum prison terms for the crimes of misprision of treason, rebellion, and thefts of classified information and financial records by computer; (3) impose a fine and/or prison term of up to 30 years for damaging or impeding the operation of a nuclear facility or attempting or conspiring to do so; and (4) impose a fine and/or prison term of up to 20 years for violations of certain export control requirements.
Directs the Attorney General to: (1) notify appropriate officials at the Departments of Homeland Security (DHS), State, and Commerce of any indictments, convictions, or dispositions of any criminal investigations under the Arms Export Control Act or the Export Administration Act; (2) develop an Internet import and export control database; and (3) provide technical assistance to investigators and prosecutors to improve and increase enforcement and prosecution of export control laws. | {"src": "billsum_train", "title": "To amend title 18, with respect to certain crimes affecting national security, and for other purposes."} | 2,592 | 237 | 0.459478 | 1.345377 | 0.743261 | 2.971014 | 10.932367 | 0.845411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mortgage Servicing Asset Capital
Requirements Act of 2015''.
SEC. 2. STUDY OF MORTGAGE SERVICING ASSETS.
(a) Definitions.--In this section:
(1) Banking institution.--The term ``banking institution''
means an insured depository institution, Federal credit union,
State credit union, bank holding company, or savings and loan
holding company.
(2) Basel iii capital requirements.--The term ``Basel III
capital requirements'' means the Global Regulatory Framework
for More Resilient Banks and Banking Systems issued by the
Basel Committee on Banking Supervision on December 16, 2010, as
revised on June 1, 2011.
(3) Federal banking agencies.--The term ``Federal banking
agencies'' means the Board of Governors of the Federal Reserve
System, the Office of the Comptroller of the Currency, the
Federal Deposit Insurance Corporation, and the National Credit
Union Administration.
(4) Mortgage servicing assets.--The term ``mortgage
servicing assets'' means those assets that result from
contracts to service loans secured by real estate, where such
loans are owned by third parties.
(5) NCUA capital requirements.--The term ``NCUA capital
requirements'' means the proposed rule of the National Credit
Union Administration entitled ``Risk-Based Capital'' (80 Fed.
Reg. 4340 (January 27, 2015)).
(6) Other definitions.--
(A) Banking definitions.--The terms ``bank holding
company'', ``insured depository institution'', and
``savings and loan holding company'' have the meanings
given those terms in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813).
(B) Credit union definitions.--The terms ``Federal
credit union'' and ``State credit union'' have the
meanings given those terms in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752).
(b) Study of the Appropriate Capital for Mortgage Servicing
Assets.--
(1) In general.--The Federal banking agencies shall jointly
conduct a study of the appropriate capital requirements for
mortgage servicing assets for banking institutions.
(2) Issues to be studied.--The study required under
paragraph (1) shall include, with a specific focus on banking
institutions--
(A) the risk to banking institutions of holding
mortgage servicing assets;
(B) the history of the market for mortgage
servicing assets, including in particular the market
for those assets in the period of the financial crisis;
(C) the ability of banking institutions to
establish a value for mortgage servicing assets of the
institution through periodic sales or other means;
(D) regulatory approaches to mortgage servicing
assets and capital requirements that may be used to
address concerns about the value of and ability to sell
mortgage servicing assets;
(E) the impact of imposing the Basel III capital
requirements and the NCUA capital requirements on
banking institutions on the ability of those
institutions--
(i) to compete in the mortgage servicing
business, including the need for economies of
scale to compete in that business; and
(ii) to provide service to consumers to
whom the institutions have made mortgage loans;
(F) an analysis of what the mortgage servicing
marketplace would look like if the Basel III capital
requirements and the NCUA capital requirements on
mortgage servicing assets--
(i) were fully implemented; and
(ii) applied to both banking institutions
and nondepository residential mortgage loan
servicers;
(G) the significance of problems with mortgage
servicing assets, if any, in banking institution
failures and problem banking institutions, including
specifically identifying failed banking institutions
where mortgage servicing assets contributed to the
failure; and
(H) an analysis of the relevance of the Basel III
capital requirements and the NCUA capital requirements
on mortgage servicing assets to the banking systems of
other significantly developed countries.
(3) Report to congress.--Not later than 180 days after the
date of enactment of this Act, the Federal banking agencies
shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report containing--
(A) the results of the study required under
paragraph (1);
(B) any analysis on the specific issue of mortgage
servicing assets undertaken by the Federal banking
agencies before finalizing regulations implementing the
Basel III capital requirements and the NCUA capital
requirements; and
(C) any recommendations for legislative or
regulatory actions that would address concerns about
the value of and ability to sell and the ability of
banking institutions to hold mortgage servicing assets.
Passed the House of Representatives July 14, 2015.
Attest:
KAREN L. HAAS,
Clerk. | Mortgage Servicing Asset Capital Requirements Act of 2015 This bill directs the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the National Credit Union Administration to study jointly the appropriate capital requirements for mortgage servicing assets for banking institutions. | {"src": "billsum_train", "title": "Mortgage Servicing Asset Capital Requirements Act of 2015"} | 1,026 | 68 | 0.619378 | 1.421815 | 1.478515 | 6.948276 | 16.637931 | 0.948276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Currency Optimization, Innovation,
and National Savings Act of 2017''.
SEC. 2. SAVING TAXPAYERS MONEY BY SUSPENDING PRODUCTION OF THE PENNY.
(a) Policy of the United States.--It is the policy of the United
States that--
(1) sufficient one-cent coins have already been minted to
meet demand;
(2) taxpayers have been and would continue to lose money
producing the one-cent coin; and
(3) further production of the one-cent coin is not
necessary for the next decade.
(b) Temporary Suspension of Production of the One-Cent Coin.--
Except as provided in subsection (c) and notwithstanding any other
provision of law, the Secretary of the Treasury shall cease production
of any new one-cent coins for the 10-year period beginning on the date
of enactment of this Act.
(c) Exception.--
(1) In general.--The Secretary of the Treasury shall
continue to produce one-cent coins as appropriate solely to
meet the needs of numismatic collectors of that denomination.
(2) Sale.--The one-cent coins produced under paragraph (1)
shall be sold in accordance with other general provisions
governing collectible coins (as opposed to circulating coins).
(3) Net receipts.--The net receipts from the sale of one-
cent coins produced under this exception shall equal the total
cost of production, including variable costs and the
appropriate share of fix costs of production, as determined by
the Secretary of the Treasury.
(d) GAO Study.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) study the effect of the suspension of production of the
one-cent coin; and
(2) submit to the Committee on the Budget and the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on the Budget and the Committee on Financial Services
of the House of Representatives a report--
(A) on whether production should remain suspended
or should be reinstated; and
(B) that considers--
(i) the net savings to taxpayers from
suspension of production;
(ii) whether public demand for one-cent
coins was able to be continuously met during
the period of suspension;
(iii) whether public demand for one-cent
coins would likely continue to be met in the
future without new production;
(iv) whether the one-cent denomination of
coin should be permanently ended as was the
case with the one-half cent coin; and
(v) any other factors that are relevant.
(e) No Effect on Legal Tender.--Notwithstanding any other provision
of this section, one-cent coins are legal tender in the United States
for all debts, public and private, public charges, taxes, and duties,
regardless of the date of minting or issue.
SEC. 3. SAVING TAXPAYERS MONEY BY CHANGING THE COMPOSITION OF THE
NICKEL.
(a) New Composition Required.--Section 5112 of title 31, United
States Code, is amended by adding at the end the following:
``(w) Composition of Circulating Coins.--
``(1) In general.--Notwithstanding any other provision of
law, the Director of the United States Mint shall modify the
composition of the five-cent coin in accordance with a study
and analysis conducted by the United States Mint to a variant
of cupronickel composition equal to 80 percent copper and 20
percent nickel.
``(2) Effect.--This subsection shall remain in effect as
long as the Director of the United States Mint verifies that
the modification described in paragraph (1) will--
``(A) reduce costs to the taxpayer;
``(B) is found to be seamless through test by most
coin-acceptors; and
``(C) will have no impact on the public or on
stakeholders.
``(3) Increase in copper content.--The Director of the
United States Mint may increase the percentage of copper and
decrease the percentage of nickel in the five-cent coin if--
``(A) the Director of the United States Mint
submits to Congress a study on such a modification;
``(B) the Director of the United States Mint makes
the findings described in paragraph (2); and
``(C) the 90-day period beginning on the date on
which the study is submitted under subparagraph (A) has
expired.''.
SEC. 4. SAVING TAXPAYERS MONEY BY REPLACING $1 NOTES WITH $1 COINS.
(a) In General.--It is the policy of the United States that $1
coins should replace $1 Federal Reserve notes as the only $1 monetary
unit issued and circulated by the Board of Governors of the Federal
Reserve System.
(b) Final Date for Placing $1 Notes Into Circulation.--Beginning on
the date that is 2 years after the date of enactment of this Act, the
Board of Governors of the Federal Reserve System may not issue $1
Federal Reserve notes.
(c) Transition Period.--Before the date described in subsection
(b), the Board of Governors of the Federal Reserve System shall ensure
adequate supplies of $1 coins to meet the demand of such coins on and
after such date.
(d) Removal and Destruction of $1 Federal Reserve Notes.--The Board
of Governors of the Federal Reserve System shall ensure that all $1
Federal Reserve notes removed from circulation in accordance with the
date described in subsection (b) have been destroyed.
(e) Exception.--Notwithstanding subsections (b) and (c), the Board
of Governors of the Federal Reserve System shall produce such Federal
Reserve notes of $1 denomination as the Board of Governors determines
from time to time are appropriate solely to meet the needs of
numismatic collectors of that denomination. Such collectible versions
of $1 Federal Reserve notes shall be sold in accordance with other
general provisions governing collectible versions of notes.
(f) No Effect on Legal Tender.--Notwithstanding any other provision
of this section, $1 Federal Reserve notes are legal tender in the
United States for all debts, public and private, public charges, taxes,
and duties, regardless of the date of printing or issue. | Currency Optimization, Innovation, and National Savings Act of 2017 This bill suspends the production of one-cent coins, other than collectible coins, for a 10-year period. The Government Accountability Office shall study the effect of this temporary suspension and report on whether production should remain suspended. In addition, the bill provides for: (1) modifications to the composition of the five-cent coin; and (2) the replacement, in circulation, of $1 notes with $1 coins. | {"src": "billsum_train", "title": "Currency Optimization, Innovation, and National Savings Act of 2017"} | 1,396 | 122 | 0.577063 | 1.557292 | 0.521157 | 3.269663 | 14.426966 | 0.842697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Employer-Employee
Cooperation Act of 2001''.
SEC. 2. DECLARATION OF PURPOSE AND POLICY.
The Congress declares that the following is the policy of the
United States:
(1) Labor-management relationships and partnerships are
based on trust, mutual respect, open communication, bilateral
consensual problem solving, and shared accountability. Labor-
management cooperation fully utilizes the strengths of both
parties to best serve the interests of the public, operating as
a team, to carry out the public safety mission in a quality
work environment. In many public safety agencies it is the
union that provides the institutional stability as elected
leaders and appointees come and go.
(2) The Federal Government needs to encourage conciliation,
mediation, and voluntary arbitration to aid and encourage
employers and their employees to reach and maintain agreements
concerning rates of pay, hours, and working conditions, and to
make all reasonable efforts through negotiations to settle
their differences by mutual agreement reached through
collective bargaining or by such methods as may be provided for
in any applicable agreement for the settlement of disputes.
(3) The absence of adequate cooperation between public
safety employers and employees has implications for the
security of employees and can affect interstate and intrastate
commerce. The lack of such labor-management cooperation can
detrimentally impact the upgrading of police and fire services
of local communities, the health and well-being of public
safety officers, and the morale of the fire and police
departments. Additionally, these factors could have significant
commercial repercussions. Moreover, providing minimal standards
for collective bargaining negotiations in the public safety
sector can prevent industrial strife between labor and
management that interferes with the normal flow of commerce.
SEC. 3. DEFINITIONS.
In this Act:
(1) Authority.--The term ``Authority'' means the Federal
Labor Relations Authority.
(2) Emergency medical services personnel.--The term
``emergency medical services personnel'' means an individual
who provides out-of-hospital emergency medical care, including
an emergency medical technician, paramedic, or first responder.
(3) Employer; public safety agency.--The terms ``employer''
and ``public safety agency'' mean any State, political
subdivision of a State, the District of Columbia, or any
territory or possession of the United States that employs
public safety officers.
(4) Firefighter.--The term ``firefighter'' has the meaning
given the term ``employee engaged in fire protection
activities'' in section 3(y) of the Fair Labor Standards Act
(29 U.S.C. 203(y)).
(5) Labor organization.--The term ``labor organization''
means an organization composed in whole or in part of
employees, in which employees participate, and which represents
such employees before public safety agencies concerning
grievances, conditions of employment and related matters.
(6) Law enforcement officer.--The term ``law enforcement
officer'' has the meaning given such term in section 1204(5) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b(5)).
(7) Management employee.--The term ``management employee''
has the meaning given such term under applicable State law in
effect on the date of enactment of this Act. If no such State
law is in effect, the term means an individual employed by a
public safety employer in a position that requires or
authorizes the individual to formulate, determine, or influence
the policies of the employer.
(8) Public safety officer.--The term ``public safety
officer''--
(A) means an employee of a public safety agency who
is a law enforcement officer, a firefighter, or an
emergency medical services personnel;
(B) includes an individual who is temporarily
transferred to a supervisory or management position;
and
(C) does not include a permanent supervisory or
management employee.
(9) Substantially provides.--The term ``substantially
provides'' means compliance with the essential requirements of
this Act, specifically, the right to form and join a labor
organization, the right to bargain over wages, hours, and
conditions of employment, the right to sign an enforceable
contract, and availability of some form of mechanism to break
an impasse, such as arbitration, mediation, or fact finding.
(10) Supervisory employee.--The term ``supervisory
employee'' has the meaning given such term under applicable
State law in effect on the date of enactment of this Act. If no
such State law is in effect, the term means an individual,
employed by a public safety employer, who--
(A) has the authority in the interest of the
employer to hire, direct, assign, promote, reward,
transfer, furlough, lay off, recall, suspend,
discipline, or remove public safety officers, to adjust
their grievances, or to effectively recommend such
action, if the exercise of the authority is not merely
routine or clerical in nature but requires the
consistent exercise of independent judgment; and
(B) devotes a majority of time at work exercising
such authority.
SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.
(a) Determination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Authority shall make a determination
as to whether a State substantially provides for the rights and
responsibilities described in subsection (b).
(2) Subsequent determinations.--
(A) In general.--A determination made pursuant to
paragraph (1) shall remain in effect unless and until
the Authority issues a subsequent determination, in
accordance with the procedures set forth in
subparagraph (B).
(B) Procedures for subsequent determinations.--Upon
establishing that a material change in State law or its
interpretation has occurred, an employer or a labor
organization may submit a written request for a
subsequent determination. If satisfied that a material
change in State law or its interpretation has occurred,
the Director shall issue a subsequent determination not
later than 30 days after receipt of such request.
(3) Judicial review.--Any State, political subdivision of a
State, or person aggrieved by a determination of the Authority
under this section may, during the 60 day period beginning on
the date on which the determination was made, petition any
United States Court of Appeals in the circuit in which the
person resides or transacts business or in the District of
Columbia circuit, for judicial review. In any judicial review
of a determination by the Authority, the procedures contained
in subsections (c) and (d) of section 7123 of title 5, United
States Code, shall be followed, except that any final
determination of the Authority with respect to questions of
fact or law shall be found to be conclusive unless the court
determines that the Authority's decision was arbitrary and
capricious.
(b) Rights and Responsibilities.--In making a determination
described in subsection (a), the Authority shall consider whether State
law provides rights and responsibilities comparable to or greater than
the following:
(1) Granting public safety officers the right to form and
join a labor organization, which may exclude management and
supervisory employees, that is, or seeks to be, recognized as
the exclusive bargaining representative of such employees.
(2) Requiring public safety employers to recognize the
employees' labor organization (freely chosen by a majority of
the employees), to agree to bargain with the labor
organization, and to commit any agreements to writing in a
contract or memorandum of understanding.
(3) Permitting bargaining over hours, wages, and terms and
conditions of employment.
(4) Requiring an interest impasse resolution mechanism,
such as fact-finding, mediation, arbitration or comparable
procedures.
(5) Requiring enforcement through State courts of--
(A) all rights, responsibilities, and protections
provided by State law and enumerated in this section;
and
(B) any written contract or memorandum of
understanding.
(c) Failure to Meet Requirements.--If the Authority determines,
acting pursuant to its authority under subsection (a), that a State
does not substantially provide for the rights and responsibilities
described in subsection (b), such State shall be subject to the
regulations and procedures described in section 5.
SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Authority shall issue regulations in accordance with
the rights and responsibilities described in section 4(b) establishing
collective bargaining procedures for public safety employers and
officers in States which the Authority has determined, acting pursuant
to its authority under section 4(a), do not substantially provide for
such rights and responsibilities.
(b) Role of the Federal Labor Relations Authority.--The Authority,
to the extent provided in this Act and in accordance with regulations
prescribed by the Authority, shall--
(1) determine the appropriateness of units for labor
organization representation;
(2) supervise or conduct elections to determine whether a
labor organization has been selected as an exclusive
representative by a majority of the employees in an appropriate
unit;
(3) resolve issues relating to the duty to bargain in good
faith;
(4) conduct hearings and resolve complaints of unfair labor
practices;
(5) resolve exceptions to the awards of arbitrators; and
(6) take such other actions as are necessary and
appropriate to effectively administer this Act, including
issuing subpoenas requiring the attendance and testimony of
witnesses and the production of documentary or other evidence
from any place in the United States, and administering oaths,
taking or ordering the taking of depositions, ordering
responses to written interrogatories, and receiving and
examining witnesses.
(c) Enforcement.--
(1) Authority to petition court.--The Authority may
petition any United States Court of Appeals with jurisdiction
over the parties, or the United States Court of Appeals for the
District of Columbia Circuit, to enforce any final orders under
this section, and for appropriate temporary relief or a
restraining order. Any petition under this section shall be
conducted in accordance with subsections (c) and (d) of section
7123 of title 5, United States Code, except that any final
order of the Authority with respect to questions of fact or law
shall be found to be conclusive unless the court determines
that the Authority's decision was arbitrary and capricious.
(2) Private right of action.--Unless the Authority has
filed a petition for enforcement as provided in paragraph (1),
any party has the right to file suit in a State court of
competent jurisdiction to enforce compliance with the
regulations issued by the Authority pursuant to subsection (b),
and to enforce compliance with any order issued by the
Authority pursuant to this section. The right provided by this
subsection to bring a suit to enforce compliance with any order
issued by the Authority pursuant to this section shall
terminate upon the filing of a petition seeking the same relief
by the Authority.
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.
A public safety employer, officer, or labor organization may not
engage in a lockout, sickout, work slowdown, or strike or engage in any
other action that is designed to compel an employer, officer, or labor
organization to agree to the terms of a proposed contract and that will
measurably disrupt the delivery of emergency services, except that it
shall not be a violation of this section for an employer, officer, or
labor organization to refuse to provide services not required by the
terms and conditions of an existing contract.
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.
A certification, recognition, election-held, collective bargaining
agreement or memorandum of understanding which has been issued,
approved, or ratified by any public employee relations board or
commission or by any State or political subdivision or its agents
(management officials) in effect on the day before the date of
enactment of this Act shall not be invalidated by the enactment of this
Act.
SEC. 8. CONSTRUCTION AND COMPLIANCE.
(a) Construction.--Nothing in this Act shall be construed--
(1) to invalidate or limit the remedies, rights, and
procedures of any law of any State or political subdivision of
any State or jurisdiction that provides collective bargaining
rights for public safety officers that are equal to or greater
than the rights provided under this Act; or
(2) to prevent a State from prohibiting bargaining over
issues which are traditional and customary management
functions, except as provided in section 4(b)(3).
(b) Compliance.--No State shall preempt laws or ordinances of any
of its political subdivisions if such laws provide collective
bargaining rights for public safety officers that are equal to or
greater than the rights provided under this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. | Public Safety Employer-Employee Cooperation Act of 2001 - Provides collective bargaining rights for public safety officers employed by States or local governments.Directs the Federal Labor Relations Authority (FLRA) to determine whether State law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization.Requires the FLRA to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that do not substantially provide for such rights and responsibilities. Directs the FLRA, in such cases, to: (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such FLRA regulations and authority through appropriate State courts.Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes, or sickouts, work slowdowns, or other actions designed to compel agreement to a proposed contract which will measurably disrupt the delivery of emergency services. | {"src": "billsum_train", "title": "A bill to provide collective bargaining rights for public safety officers employed by States or their political subdivisions."} | 2,849 | 351 | 0.553434 | 1.847813 | 0.737045 | 4.996743 | 8.589577 | 0.938111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employees of America Streamlining
for Your Savings Act of 2013'' or the ``EASY Savings Act of 2013''.
SEC. 2. ENHANCEMENT OF AUTHORITY TO MAKE CASH AWARDS TO EMPLOYEES FOR
COST SAVING DISCLOSURES.
(a) In General.--Section 4512 of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``or identification of surplus funds or
unnecessary budget authority'' after ``mismanagement'';
(B) in paragraph (2), by inserting ``or
identification'' after ``disclosure''; and
(C) in the matter following paragraph (2), by
inserting ``or identification'' after ``disclosure'';
and
(2) by adding at the end the following:
``(c) The Inspector General of an agency or other agency employee
designated under subsection (b) shall refer to the Chief Financial
Officer of the agency any potential surplus funds or unnecessary budget
authority identified by an employee under subsection (a), along with
any recommendations of the Inspector General or other agency employee.
``(d)(1) If the Chief Financial Officer of an agency determines
that rescission of potential surplus funds or unnecessary budget
authority, identified by an employee under subsection (a), would not
hinder the effectiveness of the agency, the head of the agency shall
transfer the amount of the surplus funds or unnecessary budget
authority from the applicable appropriations account to the general
fund of the Treasury, except as provided in subsection (e).
``(2) Title X of the Congressional Budget and Impoundment Control
Act of 1974 (2 U.S.C. 681 et seq.) shall not apply to transfers under
paragraph (1).
``(3) Any amounts transferred under paragraph (1) shall be
deposited in the Treasury and used for deficit reduction, except that
in the case of a fiscal year for which there is no Federal budget
deficit, such amounts shall be used to reduce the Federal debt, in such
manner as the Secretary of the Treasury considers appropriate.
``(e) The head of an agency may retain not more than 10 percent of
any amounts which (but for this subsection) would otherwise be
transferred to the general fund of the Treasury under subsection (d),
representing surplus funds or unnecessary budget authority identified
by an employee under this section, for the purpose of paying a cash
award to such employee in accordance with subsection (a).
``(f)(1) The head of each agency shall submit to the Director of
the Office of Personnel Management an annual report regarding--
``(A) each disclosure of fraud, waste, or mismanagement or
identification of surplus funds or unnecessary budget
authority, made under subsection (a) by an employee of the
agency, which is determined by the agency to have merit;
``(B) the total savings achieved through disclosures and
identifications described in subparagraph (A); and
``(C) the number and amount of cash awards by the agency
under subsection (a).
``(2) The Director of the Office of Personnel Management shall
submit to Congress and the Government Accountability Office an annual
report on Federal cost saving and awards based on the reports under
paragraph (1).
``(3) The Director of the Office of Personnel Management shall--
``(A) ensure that the cash award program of each agency
complies with this section; and
``(B) submit to Congress an annual certification indicating
whether the cash award program of each agency complies with
this section.
``(g)(1) The head of each agency shall include the information
described in subsection (f)(1) in each budget request of the agency
submitted to the Office of Management and Budget as part of the
preparation of the budget of the President submitted to Congress under
section 1105(a) of title 31.
``(2) Not later than 3 years after the date of enactment of the
EASY Savings Act of 2013, and every 3 years thereafter, the Comptroller
General shall submit to Congress a report on the operation of the cost
savings and awards program under this section, including
recommendations for any legislative changes which the Comptroller
General considers appropriate.''.
(b) Prohibition.--
(1) In general.--Section 4509 of title 5, United States
Code, is amended to read as follows:
``Sec. 4509. Prohibition of cash award to certain officers
``(a) Definition.--For purposes of this section, the term `agency'
refers to any agency within the meaning of section 551(1) or 4501(1).
``(b) Prohibition.--An officer may not receive a cash award under
this subchapter if such officer--
``(1) is the head of an agency;
``(2) serves in--
``(A) a position under section 5312 (relating to
positions at level I of the Executive Schedule); or
``(B) a position for which the compensation is set
in statute by reference to section 5312 or level I of
the Executive Schedule; or
``(3) is a voting member of an independent
establishment.''.
(2) Clerical amendment.--The analysis for chapter 45 of
title 5, United States Code, is amended by striking the item
relating to section 4509 and inserting the following:
``4509. Prohibition of cash award to certain officers.''. | Employees of America Streamlining for Your Savings Act of 2013 or the EASY Savings Act of 2013 - Expands the awards program for disclosures by federal employees of fraud, waste, or mismanagement that result in cost savings to the employee's agency to include identification of surplus funds or unnecessary budget authority. Directs that any savings resulting from the identification of such funds or budget authority be deposited in the Treasury and used to reduce a budget deficit or the federal debt. Prohibits the payment of awards to: (1) the head of an agency; (2) federal officers who serve in a position at level I of the Executive Schedule, and (3) a voting member of an independent establishment. | {"src": "billsum_train", "title": "EASY Savings Act of 2013"} | 1,205 | 148 | 0.587174 | 1.689591 | 0.728692 | 3.293233 | 8.639098 | 0.917293 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Refugee Crisis in
Iraq Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Processing facilities.
Sec. 4. United States refugee program priorities.
Sec. 5. Special immigrant status for certain Iraqis.
Sec. 6. Minister counselors for Iraqi refugees and internally displaced
persons.
Sec. 7. Countries with significant populations of displaced Iraqis.
Sec. 8. Denial or termination of asylum.
Sec. 9. Reports.
Sec. 10. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United Nations estimates that there are 2,000,000
Iraqis internally displaced and more than 2,000,000 Iraqi
refugees in neighboring countries, primarily Jordan and Syria.
(2) The humanitarian needs of the Iraqi refugees and
internally displaced persons are significant. If their needs
are not quickly and adequately met, these populations could
become a fertile recruiting ground for terrorists.
(3) Iraqi refugees are a significant financial burden on
countries in the region. The Iraq Study Group concluded that if
the refugee crisis ``is not addressed, Iraq and the region
could be further destabilized''.
(4) Many Iraqis who have worked in critical positions in
direct support of the United States Government in Iraq have
been killed or injured in reprisals for their support of the
American effort. Many more Iraqis associated with the United
States have fled Iraq in fear of being killed or injured.
(5) Although the United States cannot resettle all of
Iraq's refugees in the United States, the United States has a
fundamental obligation to help the vast number of Iraqis
displaced in Iraq and throughout the region by the war and the
associated chaos, especially those who have supported America's
efforts in Iraq.
(6) In April 2007, Assistant Secretary of State Ellen
Sauerbrey said the United States ``could resettle up to 25,000
Iraqi refugees'' this year. In May 2007, Under Secretary of
State Paula Dobriansky said, ``We are committed to honoring our
moral debt to those Iraqis who have provided assistance to the
United States military and embassy.'' On June 8, 2007,
Secretary Rice remarked, ``The people that I'm most worried
about in the near term are the people who've worked for and
with us who might be subject to recrimination and reprisal.''.
(7) It is essential for the United States to develop a
comprehensive and effective approach to support host
governments and to meet the needs of Iraq's refugees and
internally displaced persons, especially those who are
associated with the United States.
SEC. 3. PROCESSING FACILITIES.
(a) In General.--The Secretary of State shall establish processing
facilities in Iraq and in countries in the region in which--
(1) aliens described in section 4 may apply and interview
for admission to the United States as refugees; and
(2) aliens described in section 5(b) may apply and
interview for admission to the United States as special
immigrants.
(b) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Homeland Security, shall
submit a report that contains the plans and assessment
described in paragraph (2) to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House
of Representatives.
(2) Contents.--The report submitted under paragraph (1)
shall--
(A) describe the Secretary's plans to establish the
processing facilities described in subsection (a); and
(B) contain an assessment of in-country processing
that makes use of videoconferencing.
SEC. 4. UNITED STATES REFUGEE PROGRAM PRIORITIES.
(a) In General.--Priority 2 refugees of special humanitarian
concern under the refugee resettlement priority system shall include--
(1) Iraqis who were employed by, or worked for or directly
with the United States Government, in Iraq;
(2) Iraqis who were employed in Iraq by--
(A) a media or nongovernmental organization based
in the United States; or
(B) an organization or entity that has received a
grant from, or entered into a cooperative agreement or
contract with, the United States Government;
(3) spouses, children, sons, daughters, siblings, and
parents of aliens described in paragraph (1) or section 5(b);
and
(4) Iraqis who are members of a religious or minority
community and have close family members (as described in
sections 201(b)(2)(A)(i) or 203(a) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i) and 1153(a))) in the
United States.
(b) Identification of Other Persecuted Groups.--The Secretary of
State is authorized to identify other Priority 2 groups in Iraq.
SEC. 5. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.
(a) In General.--Subject to subsection (c)(1) and notwithstanding
any other provision of law, for purposes of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland
Security may provide an alien described in subsection (b) with the
status of a special immigrant under section 101(a)(27) of such Act (8
U.S.C. 1101(a)(27)), if the alien--
(1) or an agent acting on behalf of the alien, submits to
the Secretary a petition under section 204 of such Act (8
U.S.C. 1154) for classification under section 203(b)(4) of such
Act (8 U.S.C. 1153(b)(4));
(2) is otherwise eligible to receive an immigrant visa; and
(3) is otherwise admissible to the United States for
permanent residence (excluding the grounds for inadmissibility
specified in section 212(a)(4) of such Act (8 U.S.C.
1182(a)(4)).
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this
subsection if the alien--
(A) is a national of Iraq;
(B) was employed by, or worked for or directly with
the United States Government in Iraq, in or after 2003,
for an aggregate period of not less than 1 year; and
(C) provided faithful service to the United States
Government, which is documented in a positive
recommendation or evaluation.
(2) Spouses and children.--An alien is described in this
subsection if the alien is--
(A) the spouse or child of a principal alien
described in paragraph (1); and
(B) is following or accompanying to join the
principal alien in the United States.
(c) Numerical Limitations and Benefits.--
(1) In general.--The total number of principal aliens who
may be provided special immigrant status under this section may
not exceed 5,000 per year for each of the 5 fiscal years
beginning after the date of the enactment of this Act.
(2) Exclusion from numerical limitations.--Aliens provided
special immigrant status under this section shall not be
counted against any numerical limitation under sections 201(d),
202(a), or 203(b)(4) of the Immigration and Nationality Act (8
U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(3) Benefits.--Aliens provided special immigrant status
under this section shall be eligible for the same resettlement
assistance, entitlement programs, and other benefits as
refugees admitted under section 207 of the Immigration and
Naturalization Act (8 U.S.C. 1157).
(4) Carry forward.--If the numerical limitation under
paragraph (1) is not reached during a given fiscal year, the
numerical limitation under paragraph (1) for the following
fiscal year shall be increased by a number equal to the
difference between--
(A) the number of visas authorized under paragraph
(1) for the given fiscal year; and
(B) the number of principal aliens provided special
immigrant status under this section during the given
fiscal year.
(d) Visa and Passport Issuance and Fees.--Neither the Secretary of
State nor the Secretary of Homeland Security may charge an alien
described in subsection (b) any fee in connection with an application
for, or issuance of, a special immigrant visa. The Secretary of State
shall ensure that aliens described in this section who are issued
special immigrant visas are provided with the appropriate series Iraqi
passport necessary to enter the United States.
(e) Protection of Aliens.--The Secretary of State, in consultation
with other relevant Federal agencies, shall provide an alien described
in this section who is applying for a special immigrant visa with
protection or the immediate removal from Iraq of such alien if the
Secretary determines that such alien is in imminent danger.
(f) Security.--An alien is not eligible to participate in the
program authorized under this section if the alien is otherwise
inadmissible to the United States under section 212(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)).
(g) Definitions.--The terms defined in subsections (a) and (b) of
section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) have
the same meanings when used in this section.
(h) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
promulgate regulations to carry out the provisions of this section,
including requirements for background checks.
(i) Savings Provision.--Nothing in this section may be construed to
affect the authority of the Secretary of Homeland Security under
section 1059 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163).
SEC. 6. MINISTER COUNSELORS FOR IRAQI REFUGEES AND INTERNALLY DISPLACED
PERSONS.
(a) In General.--The Secretary of State shall establish in the
embassy of the United States located in Baghdad, Iraq, a Minister
Counselor for Iraqi Refugees and Internally Displaced Persons (referred
to in this section as the ``Minister Counselor for Iraq'').
(b) Duties.--The Minister Counselor for Iraq shall be responsible
for the oversight of processing for resettlement of persons considered
Priority 2 refugees of special humanitarian concern, special immigrant
visa programs in Iraq, and the development and implementation of other
appropriate policies and programs concerning Iraqi refugees and
internally displaced persons. The Minister Counselor for Iraq shall
have the authority to refer persons to the United States refugee
resettlement program.
(c) Designation of Minister Counselors.--The Secretary of State
shall designate in the embassies of the United States located in Cairo,
Egypt; Amman, Jordan; Damascus, Syria; and Beirut, Lebanon a Minister
Counselor to oversee resettlement to the United States of persons
considered Priority 2 refugees of special humanitarian concern in those
countries to ensure their applications to the United States refugee
resettlement program are processed in an orderly manner and without
delay.
SEC. 7. COUNTRIES WITH SIGNIFICANT POPULATIONS OF DISPLACED IRAQIS.
(a) In General.--With respect to each country with a significant
population of displaced Iraqis, including Iraq, Jordan, Egypt, Syria,
Turkey, and Lebanon, the Secretary of State shall--
(1) as appropriate, consult with other countries regarding
resettlement of the most vulnerable members of such refugee
populations; and
(2) develop mechanisms in and provide assistance to
countries with a significant population of displaced Iraqis to
ensure the well-being and safety of such populations in their
host environments.
(b) Numerical Limitations.--In determining the number of Iraqi
refugees who should be resettled in the United States under sections
(a) and (b) of section 207 of the Immigration and Nationality Act (8
U.S.C. 1157), the President shall consult nongovernmental organizations
that have a presence in Iraq or experience in assessing the problems
faced by Iraqi refugees.
(c) Eligibility for Admission as Refugee.--Section 207(c)(1) of the
Immigration and Nationality Act (8 U.S.C. 1157(c)(1)) is amended by
adding at the end the following: ``No alien shall be denied the
opportunity to apply for admission under this section solely because
such alien qualifies as an immediate relative or is eligible for
classification as a special immigrant.''.
SEC. 8. DENIAL OR TERMINATION OF ASYLUM.
Section 208(b) of the Immigration and Nationality Act (8 U.S.C.
1158) is amended by adding at the end the following:
``(4) Changed country conditions.--An applicant for asylum
or withholding of removal, whose claim was denied by an
immigration judge solely on the basis of changed country
conditions on or after March 1, 2003, may file a motion to
reopen to reconsider his or her claim not later than 6 months
after the date of the enactment of the Refugee Crisis in Iraq
Act if the applicant--
``(A) is a national of Iraq; and
``(B) remained in the United States on such date of
enactment.''.
SEC. 9. REPORTS.
(a) Secretary of Homeland Security.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a report containing plans to expedite the
processing of Iraqi refugees for resettlement to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House
of Representatives.
(2) Contents.--The report submitted under paragraph (1)
shall--
(A) detail the plans of the Secretary for
expediting the processing of Iraqi refugees for
resettlement including through temporary expansion of
the Refugee Corps of United States Citizenship and
Immigration Services; and
(B) describe the plans of the Secretary for
enhancing existing systems for conducting background
and security checks of persons applying for Special
Immigrant Visas and of persons considered Priority 2
refugees of special humanitarian concern under this
Act, which enhancements shall support immigration
security and provide for the orderly processing of such
applications without delay.
(b) President.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the President shall
submit to Congress an unclassified report, with a classified annex if
necessary, which includes--
(1) an assessment of the financial, security, and personnel
considerations and resources necessary to carry out the
provisions of this Act;
(2) the number of aliens described in section 4(1);
(3) the number of such aliens who have applied for special
immigrant visas;
(4) the date of such applications; and
(5) in the case of applications pending for more than 6
months, the reasons that visas have not been expeditiously
processed.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Refugee Crisis in Iraq Act - Directs the Secretary of State (Secretary) to establish processing facilities in Iraq and in countries in the region for eligible Iraqis to apply and interview for U.S. admission as refugees or as special immigrants.
Includes among refugees of special humanitarian concern: (1) Iraqis who were employed by, or worked for or directly with the U.S. government in Iraq; (2) Iraqis who were employed in Iraq by a U.S.-based media or nongovernmental organization or an organization that has received a grant from, or entered into a cooperative agreement or contract with the U.S. government; (3) spouses, children, sons, daughters, siblings, and parents of Iraqis who worked for the U.S. government or who are special immigrants; and (4) Iraqis who are members of a religious or minority community and have close family members in the United States. Authorizes the Secretary to identify other priority groups in Iraq.
Authorizes the Secretary of Homeland Security to provide special immigrant status to an otherwise admissible Iraqi national (and spouse and children) who was employed by, or worked for or directly with the U.S. government in Iraq for at least one year in or after 2003.
Directs the Secretary to: (1) establish in the U.S. embassy in Baghdad, Iraq, a Minister Counselor for Iraqi Refugees and Internally Displaced Persons; and (2) designate in the U.S. embassies in Cairo, Egypt; Amman, Jordan; Damascus, Syria; and Beirut, Lebanon a Minister Counselor to oversee U.S. resettlement of persons considered refugees of special humanitarian concern.
Directs the Secretary, with respect to each country with a significant population of displaced Iraqis, including Iraq, Jordan, Egypt, Syria, Turkey, and Lebanon, to: (1) consult with other countries regarding resettlement of the most vulnerable members of such refugee populations; and (2) develop mechanisms in and provide assistance to countries with a significant population of displaced Iraqis to ensure their well-being and safety in their host environments.
Amends the Immigration and Nationality Act to permit a qualifying Iraqi applicant for asylum or withholding of removal whose claim was denied on the basis of changed country conditions to file for reopening of his or her claim. | {"src": "billsum_train", "title": "A bill to assist certain Iraqis who have worked directly with, or are threatened by their association with, the United States, and for other purposes."} | 3,499 | 507 | 0.555708 | 1.921399 | 0.69921 | 5.903073 | 7.283688 | 0.947991 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long Term Care Quality Improvement
Act of 2004''.
SEC. 2. IMPROVEMENT IN QUALITY OF LONG TERM CARE IN SKILLED NURSING
FACILITIES UNDER MEDICARE.
(a) Detailed Reporting of Nursing Expenditures.--Section 1888 of
the Social Security Act (42 U.S.C. 1395yy) is amended by adding at the
end the following new subsection:
``(f) Detailed Reporting of Nursing Expenditures.--
``(1) In general.--For cost reports submitted for cost
reporting periods beginning on or after four months after the
date of the enactment of this subsection, skilled nursing
facilities shall separately report expenditures for wages and
benefits for nursing staff (by staff level, breaking out at a
minimum registered nurses, licensed professional nurses, and
certified nurse assistants).
``(2) Modification of form.--The Secretary, in consultation
with private sector accountants experienced with medicare and
medicaid nursing facility home cost reports, shall redesign
such reports to meet the requirement of paragraph (1).''.
(b) Development and Reporting of New Quality Measures.--Such
section is further amended by adding at the end the following new
subsection:
``(g) Reporting on Quality.--
``(1) In general.--The Secretary shall identify and develop
in accordance with this subsection quality measures appropriate
for use with a payment system under this subsection. Such
measures shall be developed in consultation with measurement
experts, the Medicare Payment Advisory Commission, the
Institute of Medicine, and representatives of providers and
consumers.
``(2) Contents.--The quality measures under this
subsection--
``(A) shall include process measures;
``(B) may include structural measures, such as
spending on direct care staffing or implementation of
new technologies;
``(C) may include outcome measures that are risk
adjusted with sufficient precision to be used in a
payment system;
``(D) shall be valid and reliable;
``(E) shall be structured so that data collection
systems involving new technologies can be used in a
manner that minimizes provider burden and increases
accuracy, particularly with respect to process
measures;
``(F) shall include at least one quality measure
that addresses nursing home staffing level and mix; and
``(G) shall make special provision for small
skilled nursing facilities by establishing criteria for
determining whether a nursing facility is large enough
to yield meaningful data on each measure.
``(3) Posting.--The Secretary shall post on the Secretary's
website relating to the medicare program a description of the
new quality performance measures that are developed under this
subsection when they are implemented.''.
(c) Linking Payments to Quality Performance.--Such section is
further amended by adding at the end the following new subsection:
``(h) Base Payments; Adjustment in Payment for Quality
Performance.--
``(1) Maintenance of fiscal year 2005 payment rates as a
floor.--Except as provided under this subsection, and
notwithstanding any other provision of law, the payment rates
established under subsection (e) shall in no case be less than
the RUG rates that are effective as of October 1, 2004, as
adjusted annually under subsection (e)(4)(E).
``(2) Development of payment adjustment methods.--
``(A) In general.--The Secretary shall develop and
test one or more methods for linking payment rates
under this section to quality. Such methods shall be
identified in consultation with the Institute of
Medicine, the Medicare Payment Advisory Commission,
measurement experts, and representatives of consumers
and providers.
``(B) Link to quality.--Such methods shall make a
portion of a provider's payment under this title
dependent on performance on one or more appropriate
indicators of quality, as measured under subsection
(f). At least one of the methods tested shall involve
special payments for facilities that enhance quality by
providing more direct care staffing than others,
controlling for case mix. The Secretary may test such
methods through pilot studies, demonstration projects,
and other appropriate methods.
``(C) Deadline.-- Development and testing of
appropriate quality measures and new payment methods
for skilled nursing facilities under this subsection
shall be completed, to the extent feasible, in
conformance with timelines that may be recommended by
the Institute of Medicine in its report on linking
payments under this section to performance, but in no
case later than 54 months after the date of the
enactment of this subsection.''.
(d) Analysis of the Adequacy of Public Payments and Future
Financing Options.--The Secretary of Health and Human Services shall
conduct a study of current and future financing of quality nursing
facility care. Such study shall include an examination of the
following:
(1) The adequacy of Medicaid financing to pay for the
quality of care required by State and Federal law and
regulations.
(2) Medicare's cross-subsidization of care for Medicaid
patients.
(3) Total industry margins for skilled nursing facilities.
(4) The impact of current trends, including litigation and
staffing shortages, on nursing facility costs.
(5) The impact of demographic changes in relation to
provision of long-term care services.
(6) Options for redressing any current problems with
payment for nursing facility services.
(7) Options for financing quality long term care, including
nursing home care, over the next five decades.
(e) Reports on Activities.--
(1) Annual reports.--The Secretary shall submit annually to
Congress a report on the amendments made by subsections (a)
through (c) until the submission of the final report under
paragraph (2).
(2) Final report.--The Secretary shall submit to Congress a
final report on such activities not later than 5 years after
the date of the enactment of this Act. The final report shall
include the following:
(A) The results of the study performed under
subsection (d) and the impact of such amendments on the
quality of care in skilled nursing facilities.
(B) Recommendations for changes to the medicare
payment system for extended care services in order to
enhance quality in skilled nursing facilities.
(C) An analysis of the pros and cons of alternative
approaches to addressing other issues identified in
such study. | Long Term Care Quality Improvement Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act with respect to: (1) detailed reporting of nursing expenditures; (2) development and reporting of new quality measures; and (3) linking payments to quality performance.
Directs the Secretary of Health and Human Services to study current and future financing of quality nursing facility care. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to improve the quality of care in skilled nursing facilities under the Medicare Program through development of quality measures and changes in reimbursement."} | 1,357 | 79 | 0.556163 | 1.306292 | 0.791237 | 3.386667 | 17.24 | 0.96 |
SECTION 1. PURPOSE.
The purpose of this Act is to repeal the 4.3-cent increase in the
transportation motor fuels excise tax rates enacted by the Omnibus
Budget Reconciliation Act of 1993 and dedicated to the general fund of
the Treasury.
SEC. 2. REPEAL OF 4.3-CENT INCREASE IN FUEL TAX RATES ENACTED BY THE
OMNIBUS BUDGET RECONCILIATION ACT OF 1993 AND DEDICATED
TO GENERAL FUND OF THE TREASURY.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on gasoline and diesel fuel) is amended
by adding at the end the following new subsection:
``(f) Repeal of 4.3-Cent Increase in Fuel Tax Rates Enacted by the
Omnibus Budget Reconciliation Act of 1993 and Dedicated to General Fund
of the Treasury.--
``(1) In general.--During the applicable period, each rate
of tax referred to in paragraph (2) shall be reduced by 4.3
cents per gallon.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) subsection (a)(2)(A) (relating to gasoline
and diesel fuel),
``(B) sections 4091(b)(3)(A) and 4092(b)(2)
(relating to aviation fuel),
``(C) section 4042(b)(2)(C) (relating to fuel used
on inland waterways),
``(D) paragraph (1) or (2) of section 4041(a)
(relating to diesel fuel and special fuels),
``(E) section 4041(c)(2) (relating to gasoline used
in noncommercial aviation), and
``(F) section 4041(m)(1)(A)(i) (relating to certain
methanol or ethanol fuels).
``(3) Comparable treatment for compressed natural gas.--No
tax shall be imposed by section 4041(a)(3) on any sale or use
during the applicable period.
``(4) Comparable treatment under certain refund rules.--In
the case of fuel on which tax is imposed during the applicable
period, each of the rates specified in sections 6421(f)(2)(B),
6421(f)(3)(B)(ii), 6427(b)(2)(A), 6427(l)(3)(B)(ii), and
6427(l)(4)(B) shall be reduced by 4.3 cents per gallon.
``(5) Coordination with highway trust fund deposits.--In
the case of fuel on which tax is imposed during the applicable
period, each of the rates specified in subparagraphs (A)(i) and
(C)(i) of section 9503(f)(3) shall be reduced by 4.3 cents per gallon.
``(6) Applicable period.--For purposes of this subsection,
the term `applicable period' means the period after the 6th day
after the date of the enactment of this subsection and before
January 1, 1997.''
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the tax repeal date, tax has been imposed under
section 4081 or 4091 of the Internal Revenue Code of 1986 on
any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale,
there shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this section referred to as the
``taxpayer'') an amount equal to the excess of the tax paid by the
taxpayer over the amount of such tax which would be imposed on such
liquid had the taxable event occurred on such date.
(b) Time For Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the tax repeal
date, and
(2) in any case where liquid is held by a dealer (other
than the taxpayer) on the tax repeal date--
(A) the dealer submits a request for refund or
credit to the taxpayer before the date which is 3
months after the tax repeal date, and
(B) the taxpayer has repaid or agreed to repay the
amount so claimed to such dealer or has obtained the
written consent of such dealer to the allowance of the
credit or the making of the refund.
(c) Exception for Fuel Held in Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any liquid in
retail stocks held at the place where intended to be sold at retail.
(d) Definitions.--For purposes of this section--
(1) the terms ``dealer'' and ``held by a dealer'' have the
respective meanings given to such terms by section 6412 of such
Code; except that the term ``dealer'' includes a producer, and
(2) the term ``tax repeal date'' means the 7th day after
the date of the enactment of this Act.
(e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall apply for
purposes of this section.
SEC. 4. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any liquid on which tax was
imposed under section 4081 or 4091 of the Internal Revenue Code of 1986
before January 1, 1997, and which is held on such date by any person,
there is hereby imposed a floor stocks tax of 4.3 cents per gallon.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on
January 1, 1997, to which the tax imposed by subsection (a)
applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before June 30, 1997.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such person
(whether or not delivery to the person has been made).
(2) Gasoline and diesel fuel.--The terms ``gasoline'' and
``diesel fuel'' have the respective meanings given such terms
by section 4083 of such Code.
(3) Aviation fuel.--The term ``aviation fuel'' has the
meaning given such term by section 4093 of such Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or his delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to gasoline, diesel fuel, or aviation fuel held by any
person exclusively for any use to the extent a credit or refund of the
tax imposed by section 4081 or 4091 of such Code is allowable for such
use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on gasoline or diesel fuel held in the tank
of a motor vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection
(a)--
(A) on gasoline held on January 1, 1997, by any
person if the aggregate amount of gasoline held by such
person on such date does not exceed 4,000 gallons, and
(B) on diesel fuel or aviation fuel held on such
date by any person if the aggregate amount of diesel
fuel or aviation fuel held by such person on such date
does not exceed 2,000 gallons.
The preceding sentence shall apply only if such person submits
to the Secretary (at the time and in the manner required by the
Secretary) such information as the Secretary shall require for
purposes of this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of persons under common
control where 1 or more of such persons is not a
corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by section 4081
of such Code in the case of gasoline and diesel fuel and section 4091
of such Code in the case of aviation fuel shall, insofar as applicable
and not inconsistent with the provisions of this subsection, apply with
respect to the floor stock taxes imposed by subsection (a) to the same
extent as if such taxes were imposed by such section 4081 or 4091.
SEC. 5. BENEFITS OF TAX REPEAL SHOULD BE PASSED ON TO CONSUMERS.
(a) Passthrough to Consumers.--
(1) Sense of congress.--It is the sense of Congress that--
(A) consumers immediately receive the benefit of
the repeal of the 4.3-cent increase in the
transportation motor fuels excise tax rates enacted by
the Omnibus Budget Reconciliation Act of 1993, and
(B) transportation motor fuels producers and other
dealers take such actions as necessary to reduce
transportation motor fuels prices to reflect the repeal
of such tax increase, including immediate credits to
customer accounts representing tax refunds allowed as
credits against excise tax deposit payments under the
floor stocks refund provisions of this Act.
(2) Study.--
(A) In general.--The Comptroller General of the
United States shall conduct a study of the repeal of
the 4.3-cent increase in the fuel tax imposed by the
Omnibus Budget Reconciliation of 1993 to determine
whether there has been a passthrough of such repeal.
(B) Report.--Not later than January 31, 1997, the
Comptroller General of the United States shall report
to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
Representatives the results of the study conducted
under subparagraph (A).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR EXPENSES OF ADMINISTRATION
OF THE DEPARTMENT OF ENERGY.
Section 660 of the Department of Energy Organization Act (42 U.S.C.
7270) is amended--
(1) by inserting ``(a) In General.--'' before
``Appropriations''; and
(2) by adding at the end the following:
``(b) Fiscal Years 1997 Through 2002.--There are authorized to be
appropriated for salaries and expenses of the Department of Energy for
departmental administration and other activities in carrying out the
purposes of this Act--
``(1) $104,000,000 for fiscal year 1997;
``(2) $104,000,000 for fiscal year 1998;
``(3) $100,000,000 for fiscal year 1999;
``(4) $90,000,000 for fiscal year 2000;
``(5) $90,000,000 for fiscal year 2001; and
``(6) $90,000,000 for fiscal year 2002.''.
SEC. 7. SPECTRUM AUCTIONS.
(a) Commission Obligation to Make Additional Spectrum Available by
Auction.--
(1) In general.--The Federal Communications Commission
shall complete all actions necessary to permit the assignment,
by March 31, 1998, by competitive bidding pursuant to section
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) of
licenses for the use of bands of frequencies that--
(A) individually span not less than 12.5 megahertz,
unless a combination of smaller bands can,
notwithstanding the provisions of paragraph (7) of such
section, reasonably be expected to produce greater
receipts;
(B) in the aggregate span not less than 35
megahertz;
(C) are located below 3 gigahertz; and
(D) have not, as of the date of enactment of this
Act--
(i) been assigned or designated by
Commission regulation for assignment pursuant
to such section;
(ii) been identified by the Secretary of
Commerce pursuant to section 113 of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C.
923); or
(iii) reserved for Federal Government use
pursuant to section 305 of the Communications
Act of 1934 (47 U.S.C. 305).
(2) Criteria for reassignment.--In making available bands
of frequencies for competitive bidding pursuant to paragraph
(1), the Commission shall--
(A) seek to promote the most efficient use of the
spectrum;
(B) take into account the cost to incumbent
licensees of relocating existing uses to other bands of
frequencies or other means of communication;
(C) take into account the needs of public safety
radio services;
(D) comply with the requirements of international
agreements concerning spectrum allocations; and
(E) take into account the costs to satellite
service providers that could result from multiple
auctions of like spectrum internationally for global
satellite systems.
(b) Permanent Auction Authority.--Paragraph (11) of section 309(j)
of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is repealed.
Passed the House of Representatives May 21, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
By Linda Nave,
Deputy Clerk. | Amends the Internal Revenue Code to reduce by 4.3 cents the excise tax rate on various transportation motor fuels. Prohibits the taxation on any sale or use of compressed natural gas beginning six days after enactment of this Act until January 1, 1997. (Sec. 3) Sets forth the procedure for filing a claim for a credit or refund for any such tax imposed on any liquid prior to the seventh day after enactment of this Act. (Sec. 4) Imposes a floor stocks tax of 4.3 cents per gallon on any liquid on which such fuel tax was imposed before January 1, 1997, and which is held on such date by any person. Sets forth provisions on method of payment and exceptions to such tax. (Sec. 5) Expresses the sense of the Congress that consumers receive the benefit of such excise tax reduction and that transportation motor fuels producers and dealers take necessary action to reduce fuel prices to reflect such tax reduction. Directs the Comptroller General to study and report to the Congress on whether there has been a passthrough to consumers because of such fuel tax reduction. (Sec. 6) Authorizes appropriations for FY 1997 through 2002 for salaries and expenses of the Department of Energy in carrying out this Act. (Sec. 7) Requires the Federal Communications Commission to complete all actions necessary to permit the assignment by March 31, 1998, by competitive bidding pursuant to the Communications Act of 1934 of licenses for the use of specified radio bands of frequencies. Sets forth the criteria for making such assignments. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the 4.3-cent increase in the transportation motor fuels excise tax rates enacted by the Omnibus Budget Reconciliation Act of 1993 and dedicated to the general fund of the Treasury."} | 3,192 | 350 | 0.46045 | 1.448362 | 0.750687 | 3.838926 | 9.385906 | 0.865772 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Detroit Economic Competitiveness
Act''.
SEC. 2. DETROIT JOBS TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9512. DETROIT JOBS TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Detroit Jobs
Trust Fund', consisting of such amounts as may be appropriated or
credited to such fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Detroit Jobs Trust Fund amounts equivalent to receipts in the
Treasury of taxes (including all income, excise, and employment taxes
whether imposed with respect to individuals or businesses) imposed
under this title (with respect to periods after the date of the
enactment of this section) which are (as determined by the Secretary)
attributable to Detroit, Michigan. The city of Detroit, Michigan, shall
provide the Secretary such information as the Secretary may request for
purposes of making the determinations required under this subsection.
For purposes of this subsection, the taxes imposed on a corporation or
other business entity shall not be treated as attributable to Detroit,
Michigan, merely because the headquarters of such corporation or entity
is located in Detroit, Michigan.
``(c) Expenditures.--
``(1) In general.--Except as otherwise provided in this
subsection, amounts in the Detroit Jobs Trust Fund shall
(without need of any further appropriation) be distributed
annually by the Secretary to the city of Detroit, Michigan, to
carry out the purposes described in paragraph (2).
``(2) Use of expenditures.--Amounts distributed to the city
of Detroit, Michigan, under this section shall be used for the
following purposes and in the following order of priority:
``(A) First, of the amounts distributed with
respect the annual period not in excess of the Detroit
income tax suspension hold harmless amount, for any
purpose determined by the city government of Detroit,
Michigan.
``(B) Second, for payment of principal and interest
on any general obligation issued by the city of
Detroit, Michigan (to the extent of such obligations).
``(C) Third, for payment of principal and interest
on obligations to which section 103 applies and the
proceeds of which were used for the public schools of
the city of Detroit, Michigan (to the extent of such
obligations).
``(D) Fourth, for jobs development, public safety,
education, business infrastructure, or public
infrastructure (to the extent consistent with the plan
described in paragraph (4)).
``(3) Restriction on distributions.--No distribution shall
be made by the Secretary under paragraph (1) unless--
``(A) the city of Detroit, Michigan, does not
impose an income tax with respect to the period to
which such distribution relates,
``(B) such city has reduced the aggregate property
taxes imposed by an amount not less than the reduction
in the payment obligations of such city by reason of
the payments described in paragraph (2),
``(C) all prior distributions made to the city
under paragraph (2) were used by the city in a manner
consistent with the requirements of paragraph (2), and
``(D) such city has provided such information to
the Comptroller General of the United States as the
Comptroller General may request to carry out section
2(b) of the Detroit Economic Competitiveness Act.
``(4) 5-year development plan.--A plan is described in this
paragraph if such plan--
``(A) is a 5-year plan describing development goals
for Detroit, Michigan, and detailing how distributions
for purposes described in paragraph (2)(D) will be
spent,
``(B) has been approved by simple majority vote of
the City Council of Detroit, Michigan (after
consultation with the Detroit Board of Education), and
``(C) has been submitted to, and approved by, the
Secretary of the Treasury, the Secretary of Housing and
Urban Development, and the Secretary of Education.
No distribution shall be made under paragraph (1) for a purpose
described in paragraph (2)(D) unless a plan described in this
paragraph is in effect and all prior such distributions for
such purposes were used in accordance with such plan.
``(5) Special rules during period of plan development.--
During the period during which the plan described in paragraph
(4) is developed (but not in excess of the 5-month period
beginning on the date of the first distribution under paragraph
(1)), amounts distributed may be used concurrently for the
purposes described in subparagraphs (A), (B), and (C) of
paragraph (2).
``(6) Detroit income tax suspension hold harmless amount.--
``(A) In general.--For purposes of paragraph
(2)(A), the term `Detroit income tax suspension hold
harmless amount' means the amount (as determined by the
Secretary) of revenue collected by the city of Detroit
pursuant to the income tax imposed by such city during
the calendar year preceding the calendar year which
includes the date of the enactment of this section.
``(B) Cross reference.--For provision which
requires suspension of the Detroit income tax, see
paragraph (3)(A).
``(C) Tax returns may still be required.--The city
of Detroit, Michigan, shall not be treated as failing
to satisfy the requirement of paragraph (3)(A) with
respect to any period merely because taxpayers are
required to file tax returns and report income with
respect to such period.
``(7) Amounts made available not to reduce other funding.--
Amounts distributed to the city of Detroit, Michigan, under
this section shall supplement, and not supplant, any other
funding (including any Federal funding) for such city.
``(d) Termination.--No amount shall be distributed from, or
appropriated to, the Detroit Jobs Trust Fund after the 5-year period
beginning on the date of the enactment of this section. Any amounts
remaining in such Trust Fund at the end of such period shall be
transferred to the general fund of the Treasury. The 5-year period
specified in this subsection shall not be renewed or extended.''.
(b) GAO Reports.--The Comptroller General of the United States
shall submit an annual report to Congress which--
(1) describes the manner and purposes for which
distributions made from the Detroit Jobs Trust Fund have been
used,
(2) describes the extent to which progress has been made
toward meeting the development goals under the plan described
in section 9512(c)(4) of the Internal Revenue Code of 1986 (as
added by this section) and whether such progress is consistent
with meeting such goals, and
(3) includes any recommendations the Comptroller General
may have regarding improvements to the program described in
section 9512 of such Code.
The first such annual report shall be submitted not later than 90 days
after the 1-year period beginning on the date of the enactment of this
Act and the last such annual report shall be submitted not later than
90 days after the date on which the Detroit Jobs Trust Fund terminates
pursuant to section 9512(d) of such Code.
(c) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 9512. Detroit Jobs Trust Fund.''.
SEC. 3. ZERO CAPITAL GAINS RATE FOR CERTAIN NEW INVESTMENTS IN DETROIT,
MICHIGAN.
(a) In General.--Subchapter Y of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IV--CERTAIN NEW INVESTMENTS IN DETROIT, MICHIGAN
``Sec. 1400V. Zero capital gains rate for certain new investments in
Detroit, Michigan.
``SEC. 1400V. ZERO CAPITAL GAINS RATE FOR CERTAIN NEW INVESTMENTS IN
DETROIT, MICHIGAN.
``(a) In General.--Gross income does not include any qualified
capital gain from the sale or exchange of a specified new investment
held for more than 1 year.
``(b) Specified New Investment.--For purposes of this section--
``(1) In general.--The term `specified new investment'
means--
``(A) any qualified stock,
``(B) any qualified partnership interest, and
``(C) any qualified business property.
``(2) Qualified stock.--
``(A) In general.--Except as provided in
subparagraph (B), the term `qualified stock' means any
stock in a domestic corporation if--
``(i) such stock is acquired by the
taxpayer during the 1-year period beginning on
the date of the enactment of this section, at
its original issue (directly or through an
underwriter) from the corporation solely in
exchange for cash,
``(ii) as of the time such stock was
issued, such corporation was a specified
Detroit business (or, in the case of a new
corporation, such corporation was being
organized for purposes of being a specified
Detroit business), and
``(iii) during substantially all of the
taxpayer's holding period for such stock, such
corporation qualified as a specified Detroit
business.
``(B) Redemptions.--A rule similar to the rule of
section 1202(c)(3) shall apply for purposes of this
paragraph.
``(3) Qualified partnership interest.--The term `qualified
partnership interest' means any capital or profits interest in
a domestic partnership if--
``(A) such interest is acquired by the taxpayer
during the 1-year period beginning on the date of the
enactment of this section, from the partnership solely
in exchange for cash,
``(B) as of the time such interest was acquired,
such partnership was a specified Detroit business (or,
in the case of a new partnership, such partnership was
being organized for purposes of being a specified
Detroit business), and
``(C) during substantially all of the taxpayer's
holding period for such interest, such partnership
qualified as a specified Detroit business.
A rule similar to the rule of paragraph (2)(B) shall apply for
purposes of this paragraph.
``(4) Qualified business property.--
``(A) In general.--The term `qualified business
property' means tangible property if--
``(i) such property was acquired by the
taxpayer by purchase (as defined in section
179(d)(2)) during the 1-year period beginning
on the date of the enactment of this section,
``(ii) the original use of such property in
Detroit, Michigan, commences with the taxpayer,
and
``(iii) during substantially all of the
taxpayer's holding period for such property,
substantially all of the use of such property
was in a specified Detroit business of the
taxpayer.
``(B) Special rule for substantial improvements.--
The requirements of clauses (i) and (ii) of
subparagraph (A) shall be treated as satisfied with
respect to--
``(i) property which is substantially
improved by the taxpayer before the end of the
period described in subparagraph (A)(i), and
``(ii) any land on which such property is
located.
The determination of whether a property is
substantially improved shall be made under clause (ii)
of section 1400B(b)(4)(B), except that `the date of the
enactment of section 1400V' shall be substituted for
`December 31, 1997' in such clause.
``(c) Qualified Capital Gain.--For purposes of this section--
``(1) In general.--Except as otherwise provided in this
subsection, the term `qualified capital gain' means any gain
recognized on the sale or exchange of--
``(A) a capital asset, or
``(B) property used in the trade or business (as
defined in section 1231(b)).
``(2) Gain before enactment not qualified.--The term
`qualified capital gain' shall not include any gain
attributable to periods before the date of the enactment of
this section.
``(3) Certain rules to apply.--Rules similar to the rules
of paragraphs (3), (4), and (5) of section 1400B(e) shall apply
for purposes of this subsection.
``(d) Specified Detroit Business.--For purposes of this section,
the term `specified Detroit business' means any enterprise zone
business (as defined in section 1397C), determined--
``(1) without regard to subsections (b)(6) and (c)(5)
thereof,
``(2) by substituting `80 percent' for `50 percent' in
subsections (b)(2) and (c)(1) thereof,
``(3) by treating Detroit, Michigan, as an empowerment zone
(and by treating no area other than Detroit, Michigan, as an
empowerment zone).
``(e) Certain Rules To Apply.--For purposes of this section, rules
similar to the rules of paragraphs (6) and (7) of subsection (b), and
subsections (f) and (g), of section 1400B shall apply; except that for
such purposes section 1400B(g)(2) shall be applied by substituting
`before the date of the enactment of section 1400V' for `before January
1, 1998, or after December 31, 2014'.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the abuse of the purposes of this
section.''.
(b) Clerical Amendment.--The table of parts for subchapter Y of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part IV. Certain New Investments in Detroit, Michigan''.
(c) Effective Date.--The amendments made by this section shall
apply to property acquired after the date of the enactment of this Act. | Detroit Economic Competitiveness Act - Amends the Internal Revenue Code to establish the Detroit Jobs Trust Fund to finance economic development in Detroit, Michigan. Requires the Secretary of the Treasury to make annual distributions from such Fund to the city of Detroit for payment of debt obligations and for job development, public safety, education, and business and public infrastructure. Prohibits any distributions unless the city of Detroit: (1) does not impose an income tax during a period of distribution, (2) has made specified reductions in aggregate property taxes, (3) has used prior distributions as required under this Act, (4) has provided required information to the Comptroller General (GAO), and (5) has implemented a five-year plan describing development goals for Detroit and detailing how distributions from the Trust Fund will be spent. Terminates such Fund five years after enactment of this Act.
Requires GAO to submit annual reports to Congress describing the use of distributions from the Trust Fund, the extent to which progress has been made in meeting the plan's development goals, and Comptroller General recommendations for improving the program established under this Act.
Excludes from gross income capital gain from the sale or exchange of investment property used in trade or business in Detroit. | {"src": "billsum_train", "title": "To establish the Detroit Jobs Trust Fund and to temporarily provide a zero percent capital gains rate for certain new investments in Detroit, Michigan."} | 3,139 | 269 | 0.572061 | 1.743992 | 0.740921 | 2.76569 | 12.32636 | 0.933054 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Acquisition Impact
Relief Act of 1993.
SEC. 2. FINDINGS.
Congress finds that--
(1) land that is held by agencies of the Federal Government
does not fully contribute to the tax base of overburdened units
of local government;
(2) further acquisitions of private lands by Federal
agencies have the potential to impose severe hardships on units
of local government; and
(3) when it is clearly in the national interest for the
Federal Government to acquire private lands, other than by a
contemporaneous exchange involving Federal land, Federal
agencies should minimize the impact of Federal acquisition on
units of local government.
SEC. 3. DECLARATION OF POLICY.
It is the policy of Congress that--
(1) Federal agencies should not acquire private land, other
than by exchange, unless the acquisition is clearly in the
national interest;
(2) the acquisition of private land by a Federal agency
should be based on a careful analysis of the full range of the
benefits and costs of Federal acquisition; and
(3) the acquisition of private land by a Federal agency
should not result in a net loss of local tax revenues to the
relevant unit of local government.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) Agency.--The term ``agency'' has the same meaning as is
provided for ``Executive agency'' in section 105 of title 5,
United States Code.
(2) Unit of local government.--The term ``unit of local
government'' means--
(A) any county, municipality, or other political
subdivision of a State, having authority under the laws
of the State to levy and collect taxes upon real
property; or
(B) the District of Columbia.
(3) Real property taxes.--The term ``real property taxes''
means all taxes, whether ad valorem or otherwise, applicable
with respect to real property, including special assessments,
assessments for benefit, or other charges of general
application against land in favor of a State or local
governmental unit.
(4) State.--The term ``State'' means any of the several
States, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, or any territory and possession
of the United States.
SEC. 5. ECONOMIC IMPACT ANALYSIS.
(a) In General.--Prior to each acquisition of private land by an
agency, the head of the agency shall prepare an economic impact
analysis in accordance with this section.
(b) Contents.--In preparing the economic impact analysis, the head
of the agency shall, at a minimum, analyze--
(1) the extent to which alternative means to Federal
acquisition are available to serve the Federal resource
management objectives at issue;
(2) any tax payment loss to the relevant unit of local
government;
(3) the effects of the tax payment loss on the delivery of
governmental services by the unit;
(4) the effects on local employment and income; and
(5) any potential limitations that the Federal acquisition
would pose for future community expansion.
(c) Consultation.--The agency shall consult with the relevant unit
of local government during the preparation of the economic impact
analysis.
(d) Notice and Comment.--The agency shall provide an opportunity
for notice and comment in connection with the preparation of the
economic impact analysis.
SEC. 6. TAX EQUIVALENCY PAYMENTS.
(a) In General.--
(1) In general.--For each parcel of private land acquired
by an agency after October 1, 1992, other than by
contemporaneous land exchange, the head of the agency shall pay
annually to the unit of local government in which the parcel is
located an amount equal to the real property taxes computed on
the current market value of the parcel, as determined in
accordance with paragraph (2).
(2) Current market value.--
(A) Initial value.--The initial current market
value of a parcel shall be equal to the purchase price
per acre multiplied by the number of acres acquired by
the Federal Government.
(B) Adjustments.--The unit of local government may
adjust the current market value of a parcel to reflect
adjustments in the current market value of other lands
within the jurisdiction.
(3) Special formulas.--In computing a tax equivalency
payment under this subsection, special farm or forest use
formulas, which may vary from State to State, shall not be
applied to the value of the parcel.
(b) Failure to Pay.--If for any reason the head of an agency fails
to make a payment required under subsection (a), the unit of local
government may file a civil action against the agency, and a district
court of the United States shall have jurisdiction to enforce this
section.
SEC. 7. EFFECT OF OTHER LAWS.
If for any fiscal year a payment described in section 6(a) is made
to a State or unit of local government with respect to a parcel of land
described in section 6(a)(1), such payment shall be reduced in
proportion to the payment in lieu of real property taxes, if any, which
is made with respect to the same parcel of land under any other Federal
law.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
In each fiscal year, there are authorized to be appropriated to
each agency such sums as are necessary to carry out this Act.
SEC. 9. EFFECTIVE DATE.
This Act shall become effective on October 1, 1994. | Federal Land Acquisition Impact Relief Act of 1993 - Requires the head of an agency to prepare an economic impact analysis prior to each agency acquisition of private land.
Directs the agency head to pay annually to the pertinent local government an amount equal to the real property taxes computed on the current market value of each parcel of private land acquired by it after October 1, 1992, other than by contemporaneous land exchange.
States that if such payment is made to a State or local government with respect to a parcel of land under this Act, the payment shall be reduced in proportion to the payment in lieu of real property taxes, if any, which is made relating to the same parcel of land under any other Federal law.
Authorizes appropriations. | {"src": "billsum_train", "title": "Federal Land Acquisition Impact Relief Act of 1993"} | 1,183 | 158 | 0.558937 | 1.556142 | 0.71812 | 5.923611 | 7.847222 | 0.951389 |
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Alternative Fuel
Utilization and Infrastructure Development Incentives Act of 2005''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this division an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title, etc.
Sec. 2. Purpose.
Sec. 3. Findings.
Sec. 4. Incentives for the installation of alternative fuel refueling
stations.
Sec. 5. Incentives for the retail sale of alternative fuels as motor
vehicle fuel.
SEC. 2. PURPOSE.
The purpose of this Act is to decrease the dependence of the United
States on foreign oil by increasing the use of high ratio blends of
gasoline with a minimum 85 percent domestically derived ethanol content
(E-85) as an alternative fuel and providing greater access to this fuel
for American motorists.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The growing United States reliance on foreign produced
petroleum and the recent escalation of crude oil prices demands
that all prudent measures be undertaken to increase United
States refining capacity, domestic oil production, and expanded
utilization of alternative forms of transportation fuels and
infrastructure.
(2) Recent studies confirm the environmental and overall
energy security benefits of high ratio blends of gasoline with
a minimum 85 percent domestically derived ethanol content (E-
85), especially with regard to the reduction of greenhouse gas
emissions from the national on-road passenger car vehicle
fleet.
(3) The market penetration of E-85 capable Flexible Fuel
Vehicles (FFVs) now exceeds 5,000,000 with an additional
1,000,000 or more FFVs expected to be added annually as
automakers continue to respond positively to congressionally
provided production incentives.
(4) It is further recognized that actual implementation of
the use of E-85 fuel has been significantly underutilized due
primarily to the lack of E-85 refueling infrastructure
availability and promotion and that such utilization rate will
continue to lag unless resources are provided to substantially
accelerate national refueling infrastructure development.
(5) Additionally, incentives in the form of tax credits can
serve to stimulate infrastructure development and E-85 fuel
utilization.
SEC. 4. INCENTIVES FOR THE INSTALLATION OF ALTERNATIVE FUEL REFUELING
STATIONS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
(relating to foreign tax credit, etc.) is amended by adding at the end
the following new section:
``SEC. 30B. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT.
``(a) Credit Allowed.--There shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an amount equal to
50 percent of the cost of any qualified alternative fuel vehicle
refueling property placed in service by the taxpayer during the taxable
year.
``(b) Limitation.--
``(1) In general.--The credit allowed under subsection (a)
with respect to any alternative fuel vehicle refueling property
shall not exceed--
``(A) $30,000 in the case of a property of a
character subject to an allowance for depreciation, and
``(B) $1,000 in any other case.
``(2) Phaseout.--In the case of any qualified alternative
fuel vehicle refueling property placed in service after
December 31, 2010, the limit otherwise applicable under
paragraph (1) shall be reduced by--
``(A) 25 percent in the case of any alternative
fuel vehicle refueling property placed in service in
calendar year 2011, and
``(B) 50 percent in the case of any alternative
fuel vehicle refueling property placed in service in
calendar year 2012.
``(c) Definitions.--For purposes of this section--
``(1) Qualified alternative fuel vehicle refueling
property.--Except as provided in paragraph (2), the term
`qualified alternative fuel vehicle refueling property' has the
meaning given to such term by section 179A(d), but only with
respect to any fuel at least 85 percent of the volume of which
consists of ethanol.
``(2) Residential property.--In the case of any property
installed on property which is used as the principal residence
(within the meaning of section 121) of the taxpayer, paragraph
(1) of section 179A(d) shall not apply.
``(d) Application With Other Credits.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
``(1) the regular tax for the taxable year reduced by the
sum of the credits allowable under subpart A and sections 27,
29, and 30, over
``(2) the tentative minimum tax for the taxable year.
``(e) Carryforward Allowed.--
``(1) In general.--If the credit amount allowable under
subsection (a) for a taxable year exceeds the amount of the
limitation under subsection (d) for such taxable year, such
excess shall be allowed as a credit carryforward for each of
the 20 taxable years following the unused credit year.
``(2) Rules.--Rules similar to the rules of section 39
shall apply with respect to the credit carryforward under
paragraph (1).
``(f) Special Rules.--For purposes of this section--
``(1) Basis reduction.--The basis of any property shall be
reduced by the portion of the cost of such property taken into
account under subsection (a).
``(2) No double benefit.--No deduction shall be allowed
under section 179A with respect to any property with respect to
which a credit is allowed under subsection (a).
``(3) Property used by tax-exempt entity.--In the case of
any qualified alternative fuel vehicle refueling property the
use of which is described in paragraph (3) or (4) of section
50(b) and which is not subject to a lease, the person who sold
such property to the person or entity using such property shall
be treated as the taxpayer that placed such property in
service, but only if such person clearly discloses to such
person or entity in a document the amount of any credit
allowable under subsection (a) with respect to such property
(determined without regard to subsection (d)).
``(4) Property used outside united states, etc., not
qualified.--No credit shall be allowable under subsection (a)
with respect to any property referred to in section 50(b)(1) or
with respect to the portion of the cost of any property taken
into account under section 179.
``(5) Election not to take credit.--No credit shall be
allowed under subsection (a) for any property if the taxpayer
elects not to have this section apply to such property.
``(6) Recapture rules.--Rules similar to the rules of
section 179A(e)(4) shall apply.
``(g) Regulations.--The Secretary shall prescribe such regulations
as necessary to carry out the provisions of this section.
``(h) Termination.--This section shall not apply to any property
placed in service after December 31, 2013.''.
(b) Conforming Amendments.--
(1) Section 1016(a) is amended by striking ``and'' at the
end of paragraph (30), by striking the period at the end of
paragraph (31) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(32) to the extent provided in section 30B(f)(1).''.
(2) Section 55(c)(2) is amended by inserting ``30B(e),''
after ``30(b)(3),''.
(3) Section 6501(m) is amended by inserting ``30B(f)(5),''
after ``30(d)(4),''.
(4) The table of sections for subpart B of part IV of
subchapter A of chapter 1 is amended by inserting after the
item relating to section 30A the following new item:
``Sec. 30B. Alternative fuel vehicle refueling property credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act, in taxable years ending after such date.
SEC. 5. INCENTIVES FOR THE RETAIL SALE OF ALTERNATIVE FUELS AS MOTOR
VEHICLE FUEL.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
(relating to business related credits) is amended by inserting after
section 40A the following new section:
``SEC. 40B. CREDIT FOR RETAIL SALE OF ALTERNATIVE FUELS AS MOTOR
VEHICLE FUEL.
``(a) General Rule.--The alternative fuel retail sales credit for
any taxable year is 35 cents for each gallon of alternative fuel sold
at retail by the taxpayer during such year.
``(b) Definitions.--For purposes of this section--
``(1) Alternative fuel.--The term `alternative fuel' means
any fuel at least 85 percent of the volume of which consists of
ethanol.
``(2) Sold at retail.--
``(A) In general.--The term `sold at retail' means
the sale, for a purpose other than resale, after
manufacture, production, or importation.
``(B) Use treated as sale.--If any person uses
alternative fuel (including any use after importation)
as a fuel to propel any qualified alternative fuel
motor vehicle (as defined in this section) before such
fuel is sold at retail, then such use shall be treated
in the same manner as if such fuel were sold at retail
as a fuel to propel such a vehicle by such person.
``(3) Qualified alternative fuel motor vehicle.--The term
`new qualified alternative fuel motor vehicle' means any motor
vehicle--
``(A) which is capable of operating on an
alternative fuel,
``(B) the original use of which commences with the
taxpayer,
``(C) which is acquired by the taxpayer for use or
lease, but not for resale, and
``(D) which is made by a manufacturer.
``(c) Election to Pass Credit.--A person which sells alternative
fuel at retail may elect to pass the credit allowable under this
section to the purchaser of such fuel or, in the event the purchaser is
a tax-exempt entity or otherwise declines to accept such credit, to the
person which supplied such fuel, under rules established by the
Secretary.
``(d) 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) Termination.--This section shall not apply to any fuel sold
at retail after December 31, 2010.''.
(b) Credit Treated as Business Credit.--Section 38(b) (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 alternative fuel retail sales credit determined
under section 40B(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by inserting after the
item relating to section 40A the following new item:
``Sec. 40B. Credit for retail sale of alternative fuels as motor
vehicle fuel.''.
(d) Effective Date.--The amendments made by this section shall
apply to fuel sold at retail after the date of the enactment of this
Act, in taxable years ending after such date. | Alternative Fuel Utilization and Infrastructure Development Incentives Act of 2005 - Amends the Internal Revenue Code to allow tax credits for: (1) 50 percent of the cost of any residential or commercial alternative fuel vehicle refueling property to store or dispense E-85 fuel (alternative vehicle fuel consisting of at least 85 percent ethanol) that is placed in service; and (2) the retail sale of E-85 fuel for use in an alternative fuel motor vehicle. | {"src": "billsum_train", "title": "To provide for Flexible Fuel Vehicle (FFV) refueling capability at new and existing refueling station facilities to promote energy security."} | 2,704 | 99 | 0.576518 | 1.488475 | 0.882667 | 3.228916 | 29.325301 | 0.915663 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business and Financial
Institutions Tax Relief Act of 1999''.
SEC. 2. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE
IRAS.
(a) In General.--Section 1361(c)(2)(A) of the Internal Revenue Code
of 1986 (relating to certain trusts permitted as shareholders) is
amended by inserting after clause (v) the following:
``(vi) A trust which constitutes an
individual retirement account under section
408(a), including one designated as a Roth IRA
under section 408A.''
(b) Treatment as Shareholder.--Section 1361(c)(2)(B) of the
Internal Revenue Code of 1986 (relating to treatment as shareholders)
is amended by adding at the end the following:
``(vi) In the case of a trust described in
clause (vi) of subparagraph (A), the individual
for whose benefit the trust was created shall
be treated as a shareholder.''
(c) Sale of Stock in IRA Relating to S Corporation Election Exempt
From Prohibited Transaction Rules.--Section 4975(d) of the Internal
Revenue Code of 1986 (relating to exemptions) is amended by striking
``or'' at the end of paragraph (14), by striking the period at the end
of paragraph (15) and inserting ``; or'', and by adding at the end the
following:
``(16) a sale of stock held by a trust which constitutes an
individual retirement account under section 408(a) to the
individual for whose benefit such account is established if
such sale is pursuant to an election under section 1362(a).''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 3. EXCLUSION OF INVESTMENT SECURITIES INCOME FROM PASSIVE INCOME
TEST FOR BANK S CORPORATIONS.
(a) In General.--Section 1362(d)(3)(C) of the Internal Revenue Code
of 1986 (defining passive investment income) is amended by adding at
the end the following:
``(v) Exception for banks; etc.--In the
case of a bank (as defined in section 581), a
bank holding company (as defined in section
246A(c)(3)(B)(ii)), or a qualified subchapter S
subsidiary bank, the term `passive investment
income' shall not include--
``(I) interest income earned by
such bank, bank holding company, or
qualified subchapter S subsidiary bank,
or
``(II) dividends on assets required
to be held by such bank, bank holding
company, or qualified subchapter S
subsidiary bank to conduct a banking
business, including stock in the
Federal Reserve Bank, the Federal Home
Loan Bank, or the Federal Agricultural
Mortgage Bank or participation
certificates issued by a Federal
Intermediate Credit Bank.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1996.
SEC. 4. INCREASE IN NUMBER OF ELIGIBLE SHAREHOLDERS TO 150.
(a) In General.--Section 1361(b)(1)(A) of the Internal Revenue Code
of 1986 (defining small business corporation) is amended by striking
``75'' and inserting ``150''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1999.
SEC. 5. TREATMENT OF QUALIFYING DIRECTOR SHARES.
(a) In General.--Section 1361 of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(f) Treatment of Qualifying Director Shares.--
``(1) In general.--For purposes of this subchapter--
``(A) qualifying director shares shall not be
treated as a second class of stock, and
``(B) no person shall be treated as a shareholder
of the corporation by reason of holding qualifying
director shares.
``(2) Qualifying director shares defined.--For purposes of
this subsection, the term `qualifying director shares' means
any shares of stock in a bank (as defined in section 581) or in
a bank holding company registered as such with the Federal
Reserve System--
``(i) which are held by an individual
solely by reason of status as a director of
such bank or company or its controlled
subsidiary; and
``(ii) which are subject to an agreement
pursuant to which the holder is required to
dispose of the shares of stock upon termination
of the holder's status as a director at the
same price as the individual acquired such
shares of stock.
``(3) Distributions.--A distribution (not in part or full
payment in exchange for stock) made by the corporation with
respect to qualifying director shares shall be includible as
ordinary income of the holder and deductible to the corporation
as an expense in computing taxable income under section 1363(b)
in the year such distribution is received.''
(b) Conforming Amendments.--
(1) Section 1361(b)(1) of the Internal Revenue Code of 1986
is amended by inserting ``, except as provided in subsection
(f),'' before ``which does not''.
(2) Section 1366(a) of such Code is amended by adding at
the end the following:
``(3) Allocation with respect to qualifying director
shares.--The holders of qualifying director shares (as defined
in section 1361(f)) shall not, with respect to such shares of
stock, be allocated any of the items described in paragraph
(1).''
(3) Section 1373(a) of such Code is amended by striking
``and'' at the end of paragraph (1), by striking the period at
the end of paragraph (2) and inserting ``, and'', and adding at
the end the following:
``(3) no amount of an expense deductible under this
subchapter by reason of section 1361(f)(3) shall be apportioned
or allocated to such income.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.
SEC. 6. BAD DEBT CHARGE OFFS IN YEARS AFTER ELECTION YEAR TREATED AS
ITEMS OF BUILT-IN LOSS.
The Secretary of the Treasury shall modify Regulation 1.1374-4(f)
for S corporation elections made in taxable years beginning after
December 31, 1996, with respect to bad debt deductions under section
166 of the Internal Revenue Code of 1986 to treat such deductions as
built-in losses under section 1374(d)(4) of such Code during the entire
period during which the bank recognizes built-in gains from changing
its accounting method for recognizing bad debts from the reserve method
under section 585 of such Code to the charge-off method under section
166 of such Code.
SEC. 7. INCLUSION OF BANKS IN 3-YEAR S CORPORATION RULE FOR CORPORATE
PREFERENCE ITEMS.
(a) In General.--Section 1363(b) of the Internal Revenue Code of
1986 (relating to computation of corporation's taxable income) is
amended by adding at the end the following new flush sentence:
``Paragraph (4) shall apply to any bank whether such bank is an S
corporation or a qualified subchapter S subsidiary.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1999.
SEC. 8. C CORPORATION RULES TO APPLY FOR FRINGE BENEFIT PURPOSES.
(a) In General.--Section 1372 of the Internal Revenue Code of 1986
(relating to partnership rules to apply for fringe benefit purposes) is
repealed.
(b) Partnership Rules To Apply for Health Insurance Costs of
Certain S Corporation Shareholders.--Paragraph (5) of section 162(1) of
the Internal Revenue Code of 1986 is amended to read as follows:
``(5) Treatment of certain s corporation shareholders.--
``(A) In general.--This subsection shall apply in
the case of any 2-percent shareholder of an S
corporation, except that--
``(i) for purposes of this subsection, such
shareholder's wages (as defined in section
3121) from the S corporation shall be treated
as such shareholder's earned income (within the
meaning of section 401(c)(1)), and
``(ii) there shall be such adjustments in
the application of this subsection as the
Secretary may by regulations prescribe.
``(B) 2-percent shareholder defined.--For purposes
of this paragraph, the term `2-percent shareholder'
means any person who owns (or is considered as owning
within the meaning of section 318) on any day during
the taxable year of the S corporation more than 2
percent of the outstanding stock of such corporation or
stock possessing more than 2 percent of the total
combined voting power of all stock of such
corporation.''
(c) Conforming Amendment.--The table of sections for part III of
subchapter S of chapter 1 of the Internal Revenue Code of 1986 is
amended by striking the item relating to section 1372.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 9. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE
FAMILY LIMITED PARTNERSHIPS.
(a) In General.--Section 1361(b)(1)(B) of the Internal Revenue Code
of 1986 (defining small business corporation) is amended--
(1) by striking ``or an organization'' and inserting ``an
organization'', and
(2) by inserting ``, or a family partnership described in
subsection (c)(8)'' after ``subsection (c)(6)''.
(b) Family Partnership.--Section 1361(c) of the Internal Revenue
Code of 1986 (relating to special rules for applying subsection (b)),
as amended by section 5, is amended by adding at the end the following:
``(8) Family partnerships.--
``(A) In general.--For purposes of subsection
(b)(1)(B), any partnership or limited liability company
may be a shareholder in an S corporation if--
``(i) all partners or members are members
of 1 family as determined under section
704(e)(3), and
``(ii) all of the partners or members would
otherwise be eligible shareholders of an S
corporation.
``(B) Treatment as shareholders.--For purposes of
subsection (b)(1)(A), in the case of a partnership or
limited liability company described in subparagraph
(A), each partner or member shall be treated as a
shareholder.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 10. ISSUANCE OF PREFERRED STOCK PERMITTED.
(a) In General.--Section 1361 of the Internal Revenue Code of 1986,
as amended by section 5(a), is amended by adding at the end the
following:
``(g) Treatment of Qualified Preferred Stock.--
``(1) In general.--For purposes of this subchapter--
``(A) qualified preferred stock shall not be
treated as a second class of stock, and
``(B) no person shall be treated as a shareholder
of the corporation by reason of holding qualified
preferred stock.
``(2) Qualified preferred stock defined.--For purposes of
this subsection, the term `qualified preferred stock' means
stock which meets the requirements of subparagraphs (A), (B),
and (C) of section 1504(a)(4). Stock shall not fail to be
treated as qualified preferred stock solely because it is
convertible into other stock.
``(3) Distributions.--A distribution (not in part or full
payment in exchange for stock) made by the corporation with
respect to qualified preferred stock shall be includible as
ordinary income of the holder and deductible to the corporation
as an expense in computing taxable income under section 1363(b)
in the year such distribution is received.''
(b) Conforming Amendments.--
(1) Section 1361(b)(1) of the Internal Revenue Code of
1986, as amended by section 5(b)(1), is amended by striking
``subsection (f)'' and inserting ``subsections (f) and (g)''.
(2) Section 1366(a) of such Code, as amended by section
5(b)(2), is amended by adding at the end the following:
``(4) Allocation with respect to qualified preferred
stock.--The holders of qualified preferred stock (as defined in
section 1361(g)) shall not, with respect to such stock, be
allocated any of the items described in paragraph (1).''
(3) Section 1373(a)(3) of such Code, as added by section
5(b)(3), is amended by inserting ``or 1361(g)(3)'' after
``section 1361(f)(3)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 11. CONSENT TO ELECTIONS.
(a) 90 Percent of Shares Required for Consent to Election.--Section
1362(a)(2) of the Internal Revenue Code of 1986 (relating to all
shareholders must consent to election) is amended--
(1) by striking ``all persons who are shareholders in'' and
inserting ``shareholders holding at least 90 percent of the
shares of'', and
(2) by striking ``All shareholders'' in the heading and
inserting ``At least 90 percent of shares''.
(b) Rules for Consent.--Section 1362(a) of the Internal Revenue
Code of 1986 (relating to election) is amended by adding at the end the
following:
``(3) Rules for consent.--For purposes of making any
consent required under paragraph (2) or subsection (d)(1)(B)--
``(A) each joint owner of shares shall consent with
respect to such shares,
``(B) the personal representative or other
fiduciary authorized to act on behalf of the estate of
a deceased individual shall consent for the estate,
``(C) one parent, the custodian, the guardian, or
the conservator shall consent with respect to shares
owned by a minor or subject to a custodianship,
guardianship, conservatorship, or similar arrangement,
``(D) the trustee of a trust shall consent with
respect to shares owned in trust,
``(E) the trustee of the estate of a bankrupt
individual shall consent for shares owned by a
bankruptcy estate,
``(F) an authorized officer or the trustee of an
organization described in subsection (c)(6) shall
consent for the shares owned by such organization, and
``(G) in the case of a partnership or limited
liability company described in subsection (c)(8)--
``(i) all general partners shall consent
with respect to shares owned by such
partnership,
``(ii) all managers shall consent with
respect to shares owned by such company if
management of such company is vested in 1 or
more managers, and
``(iii) all members shall consent with
respect to shares owned by such company if
management of such company is vested in the
members.''
(c) Treatment of Nonconsenting Shareholder Stock.--
(1) In general.--Section 1361 of the Internal Revenue Code
of 1986, as amended by section 10(a), is amended by adding at
the end the following:
``(h) Treatment of Nonconsenting Shareholder Stock.--
``(1) In general.--For purposes of this subchapter--
``(A) nonconsenting shareholder stock shall not be
treated as a second class of stock,
``(B) such stock shall be treated as C corporation
stock, and
``(C) the shareholder's pro rata share under
section 1366(a)(1) with respect to such stock shall be
subject to tax paid by the S corporation at the highest
rate of tax specified in section 11(b).
``(2) Nonconsenting shareholder stock defined.--For
purposes of this subsection, the term `nonconsenting
shareholder stock' means stock of an S corporation which is
held by a shareholder who did not consent to an election under
section 1362(a) with respect to such S corporation.
``(3) Distributions.--A distribution (not in part or full
payment in exchange for stock) made by the corporation with
respect to nonconsenting shareholder stock shall be includible
as ordinary income of the holder and deductible to the
corporation as an expense in computing taxable income under
section 1363(b) in the year such distribution is received.''
(2) Conforming amendment.--Section 1361(b)(1) of the
Internal Revenue Code of 1986, as amended by section 10(b)(1),
is amended by striking ``subsections (f) and (g)'' and
inserting ``subsections (f), (g), and (h)''.
(d) Effective Date.--The amendments made by this section shall
apply to elections made in taxable years beginning after December 31,
1999.
SEC. 12. INFORMATION RETURNS FOR QUALIFIED SUBCHAPTER S SUBSIDIARIES.
(a) In General.--Section 1361(b)(3)(A) of the Internal Revenue Code
of 1986 (relating to treatment of certain wholly owned subsidiaries) is
amended by inserting ``and in the case of information returns required
under part III of subchapter A of chapter 61'' after ``Secretary''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1999. | (Sec. 2) Permits S corporation eligible shareholders to include individual retirement accounts (IRAs).
Exempts from prohibited transaction rules any sale of stock in an IRA pursuant to a small business corporation's election to be an S corporation.
(Sec. 3) Excludes from the definition of passive income for purposes of S status termination any interest income earned by or dividends on assets required to be held by a bank, a bank holding company, or a qualified subchapter S subsidiary bank.
(Sec. 4) Increases from 75 to 150 the maximum number of shareholders a small business organization may have to be eligible to elect S corporation treatment.
(Sec. 5) States that stock held by a bank director as required by banking regulations (director qualifying stock) shall not be considered a disqualifying second class of S corporation stock.
(Sec. 6) Directs the Secretary of the Treasury to modify a certain regulation to permit an S corporation bank to treat certain bad debt deductions as built-in losses during the entire period during which the bank recognized built-in gains from changing its accounting method for recognizing bad debts from the reserve method to the charge-off method.
(Sec. 7) Includes all banks within the three-year deduction preference rule.
(Sec. 8) Repeals the current requirement that partnership rules apply to S corporations (and two- percent shareholders in such corporations) for fringe benefit purposes. Applies current special corporation) rules for health insurance costs of self-employed individuals to two-percent shareholders in S corporations, except that a two-percent shareholder's wages shall be treated as self-employed earned income. (Thus provides that non-health care related fringe benefits such as group-term life insurance will be excludible from such wages, and not taxed.)
(Sec. 11 (sic)) Reduces from 100 percent to 90 percent the percentage of shares held by shareholders necessary for consent to election by a small business organization to be an S corporation. Prescribes rules for such consent.
(Sec. 12) Revises exceptions to the criteria for the treatment of certain wholly owned subchapter S subsidiaries with reference to required information returns. | {"src": "billsum_train", "title": "Small Business and Financial Institutions Tax Relief Act of 1999"} | 4,049 | 488 | 0.522406 | 1.674252 | 0.704675 | 2.373239 | 8.237089 | 0.866197 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bill Payment Grace Period Act of
2001''.
SEC. 2. EXTENSION OF PERIOD FOR MAKING CERTAIN PAYMENTS DUE TO A
NATIONAL EMERGENCY.
(a) In General.--The Fair Debt Collection Practices Act (15 U.S.C.
1692 et seq.) is amended by redesignating sections 813 through 818 in
order as sections 814 through 819, and by inserting after section 812
the following:
``Sec. 813. Extension of period for making certain payments due to
national emergency
``(a) The Secretary of the Treasury may designate a grace period
under this section for the making of payments of debts by mail from or
to any location within an area in which there occurs a disruption of
the mail--
``(1) in the period of a national emergency declared under
the National Emergencies Act (50 U.S.C. 1601 et seq.); and
``(2) as a result of the circumstances that resulted in
such declaration.
``(b) In designating a grace period under this section, the
Secretary shall determine, in consultation with the Postmaster General,
and specify--
``(1) the geographic area in which occurred the disruption
of the mail for which the grace period is designated; and
``(2) the period of time during which such disruption of
the mail occurred.
``(c) A grace period under this section--
``(1) shall be comprised of a period of consecutive days
designated by the Secretary;
``(2) shall begin upon the first day of the period of the
disruption of the mail for which it is designated, as such
period is specified under subsection (b)(2); and
``(3) except as provided in subsection (d), shall end not
later than 7 days after the end of such period of the
disruption of the mail.
``(d) The Secretary--
``(1) may designate a grace period under this section with
respect each disruption of the mail occurring in the same
national emergency period;
``(2) may extend the duration of a grace period under this
section by up to 7 days, by publishing notice of such extension
before the end of the grace period; and
``(3) may issue more than one extension under paragraph (2)
for the same grace period.
``(e) A creditor or debt collector shall not--
``(1) impose any late fee or additional financing fee in
connection with an affected mail payment by a consumer that is
received after its due date;
``(2) provide to a credit reporting agency (as that term is
defined in section 603) any information with respect to such
payment that is adverse to the interests of the consumer or
would adversely affect the credit standing of the consumer; or
``(3) take any other action that is adverse to the
interests of the consumer as a consequence of the failure of
the consumer to make such payment in a timely manner.
``(f) This section shall not apply to any payment by mail made by a
consumer on a debt to a creditor if, before the disruption of the mail
with respect to which a grace period is designated under this section--
``(1) the creditor or its debt collector gave the consumer,
by mail, telephone, or otherwise, notice regarding alternative
payment options that are available to such consumer without any
fee or other charge; and
``(2) the consumer, with or without fee or charge, agreed
to use an alternative payment option, or actually made one or
more payments using an alternative payment option, within the
6-month period preceding the due date of the payment made by
mail.
``(g) For the purposes of this section, evidence in the form of
business records indicating that notice regarding alternative payment
options was given before the date required by subsection (f) shall
establish a conclusive presumption that such notice had been received
by the consumer by such date.
``(h) In this section:
``(1) The term `affected mail payment' means any payment by
mail of the full amount due on a debt owed by a consumer--
``(A) for which the due date occurs--
``(i) in the period of a disruption of the
mail with respect to which a grace period is
designated under this section; or
``(ii) within seven calendar days following
the end of such disruption of the mail;
``(B) that is sent from, or addressed to, a
location that is within the area in which the
disruption of the mail occurred, as such area is
specified under subsection (b)(1) for that grace
period;
``(C) that is postmarked by not later than the
expiration of the grace period; and
``(D) that is less than $10,000.
``(2) The term `alternative payment option' means any
electronic, Internet-based, telephone authorized, or other
means of making a payment other than by mail.
``(3) The term `due date' means the first date upon which a
creditor or its debt collector may impose a late fee or other
penalty for a failure of a consumer to make a periodic payment
that is due on a debt.
``(4) The term `disruption of the mail' means any
disruption in the pick-up, processing, transportation, or
delivery of the mail of the United States.''.
(b) Conforming and Clerical Amendments.--The Fair Debt Collection
Practices Act (15 U.S.C. 1601 et seq.) is further amended--
(1) in the table of sections preceding section 801 by
striking the items relating to sections 813 through 818 and
inserting the following:
``813. Extension of period for making certain payments due to national
emergency.
``814. Civil liability.
``815. Administrative enforcement.
``816. Reports to Congress by the Commission.
``817. Relation to State laws.
``818. Exemption for State regulation.
``819. Effective date.'';
(2) in section 812(b) by striking ``section 813'' and
inserting ``section 814''; and
(3) in section 816 (as redesignated by this Act) by
striking ``section 814'' each place it appears and inserting
``section 815''. | Bill Payment Grace Period Act of 2001 - Amends the Fair Debt Collection Practices Act to prohibit creditors from taking action that is adverse to the interests of a consumer with respect to certain payments that are due in or shortly after the period of a disruption of the mail resulting from a national emergency.Authorizes the Secretary of the Treasury to designate (and extend up to seven additional days) a grace period for the making of debt payments by mail in such circumstances. | {"src": "billsum_train", "title": "To amend the Fair Debt Collection Practices Act to prohibit creditors from taking action that is adverse to the interests of a consumer with respect to certain payments that are due in or shortly after the period of a disruption of the mail resulting from a national emergency declared under the National Emergencies Act."} | 1,395 | 103 | 0.633251 | 1.645382 | 1.15855 | 2.965909 | 15.488636 | 0.920455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights History Project Act of
2008''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds as follows:
(1) A fundamental principle of American democracy is that
individuals should stand up for their rights and beliefs and
fight for justice.
(2) The actions of those who participated in the Civil
Rights movement from the 1950's through the 1960's are a
shining example of this principle in action, demonstrated in
events as varied as the Montgomery Bus Boycott, the sit-ins,
the Freedom Rides, the March on Washington, the drive for
voting rights in Mississippi, and the March to Selma.
(3) While the Civil Rights movement had many visible
leaders, including Thurgood Marshall, Dr. Martin Luther King,
Jr., and Rosa Parks, there were many others whose impact and
experience were just as important to the cause but who are not
as well known.
(4) The participants in the Civil Rights movement possess
an invaluable resource in their first-hand memories of the
movement, and the recording of the retelling of their stories
and memories will provide a rich, detailed history of our
Nation during an important and tumultuous period.
(5) It is in the Nation's interest to undertake a project
to collect oral histories of individuals from the Civil Rights
movement so future generations will be able to learn of their
struggle and sacrifice through primary-source, eyewitness
material. A coordinated Federal project would also focus
attention on the efforts undertaken by various public and
private entities to collect and interpret articles in all
formats relating to the Civil Rights movement, and serve as a
model for future projects undertaken in museums, libraries, and
universities throughout the Nation.
(6) The Library of Congress and the Smithsonian Institution
are appropriate repositories to collect, preserve, and make
available to the public a collection of these oral histories.
The Library and Smithsonian have expertise in the management of
documentation projects, and experience in the development of
cultural and educational programs for the public.
(b) Purpose.--It is the purpose of this Act to create a new
federally sponsored, authorized, and funded project that will
coordinate at a national level the collection of video and audio
recordings of personal histories and testimonials of individuals who
participated in the American Civil Rights movement that will build upon
and complement previous and ongoing documentary work on this subject,
and to assist and encourage local efforts to preserve the memories of
such individuals so that Americans of all current and future
generations may hear from them directly and better appreciate the
sacrifices they made.
SEC. 3. ESTABLISHMENT OF JOINT PROJECT AT LIBRARY OF CONGRESS AND
NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE
TO COLLECT VIDEO AND AUDIO RECORDINGS OF HISTORIES OF
PARTICIPANTS IN AMERICAN CIVIL RIGHTS MOVEMENT.
(a) Establishment of Project.--
(1) In general.--Within the limits of available funds, the
Librarian of Congress (hereafter referred to as the
``Librarian'') and the Secretary of the Smithsonian Institution
(hereafter referred to as the ``Secretary''), acting jointly,
shall establish an oral history project--
(A) to survey, during the initial phase of the
project, collections of audio and video recordings of
the reminiscences of participants in the Civil Rights
movement that are housed in archives, libraries,
museums, and other educational institutions, as well as
ongoing documentary work, in order to augment and
complement these endeavors and avoid duplication of
effort;
(B) to solicit, reproduce, and collect--
(i) video and audio recordings of personal
histories and testimonials of individuals who
participated in the Civil Rights movement, and
(ii) visual and written materials (such as
letters, diaries, photographs, and ephemera)
relevant to the personal histories of
individuals;
(C) to create a collection of the recordings and
other materials obtained, and to catalog and index the
collection in a manner the Librarian and the Secretary
consider appropriate; and
(D) to make the collection available for public use
through the Library of Congress and the National Museum
of African American History and Culture, as well as
through such other methods as the Librarian and the
Secretary consider appropriate.
(2) Role of director of museum.--The Secretary shall carry
out the Secretary's duties under this Act through the Director
of the National Museum of African American History and Culture.
(b) Use of and Consultation With Other Entities.--The Librarian and
the Secretary may carry out the activities described in subsection
(a)(1) through agreements and partnerships entered into with other
government and private entities, and may otherwise consult with
interested persons (within the limits of available resources) and
develop appropriate guidelines and arrangements for soliciting,
acquiring, and making available recordings under the project under this
Act.
(c) Services of Experts and Consultants; Acceptance of Volunteer
Services; Advance Payments.--In carrying out activities described in
subsection (a)(1), the Librarian and the Secretary may--
(1) procure temporary and intermittent services under
section 3109 of title 5, United States Code;
(2) accept and utilize the services of volunteers and other
uncompensated personnel and reimburse them for travel expenses,
including per diem, as authorized under section 5703 of title
5, United States Code; and
(3) make advances of money and payments in advance in
accordance with section 3324 of title 31, United States Code.
(d) Timing.--As soon as practicable after the enactment of this
Act, the Librarian and the Secretary shall begin collecting video and
audio recordings and other materials under subsection (a)(1), and shall
attempt to collect the first such recordings from the oldest
individuals involved.
(e) Definition.--In this Act, the term ``Civil Rights movement''
means the movement to secure racial equality in the United States for
African Americans that, focusing on the period 1954 through 1968,
challenged the practice of racial segregation in the Nation and
achieved equal rights legislation for all American citizens.
SEC. 4. PRIVATE SUPPORT FOR CIVIL RIGHTS HISTORY PROJECT.
(a) Encouraging Solicitation and Acceptance of Donations.--The
Librarian of Congress and the Secretary are encouraged to solicit and
accept donations of funds and in-kind contributions to support
activities under section 3.
(b) Dedication of Funds Provided to Library of Congress.--
Notwithstanding any other provision of law--
(1) any funds donated to the Librarian of Congress to
support the activities of the Librarian under section 3 shall
be deposited entirely into an account established for such
purpose;
(2) the funds contained in such account shall be used
solely to support such activities; and
(3) the Librarian of Congress may not deposit into such
account any funds donated to the Librarian which are not
donated for the exclusive purpose of supporting such
activities.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $500,000 for fiscal year 2009; and
(2) such sums as may be necessary for each of the fiscal
years 2010 through 2013.
Passed the House of Representatives September 17, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Civil Rights History Project Act of 2008 - Requires the Secretary of the Smithsonian Institution (acting through the Director of the National Museum of African American History and Culture) and the Librarian of Congress, within the limit of available funds, to establish an oral history project, focusing on 1954 through 1968, to: (1) survey existing collections of audio and video recordings of the reminiscences of Civil Rights movement participants; (2) collect such recordings and relevant visual and written materials; and (3) make the resulting collection available for public use through the Museum and the Library of Congress.
Encourages the Secretary and the Librarian to solicit and accept financial and in-kind donations for the project.
Authorizes appropriations. | {"src": "billsum_train", "title": "To direct the Librarian of Congress and the Secretary of the Smithsonian Institution to carry out a joint project at the Library of Congress and the National Museum of African American History and Culture to collect video and audio recordings of personal histories and testimonials of individuals who participated in the Civil Rights movement, and for other purposes."} | 1,616 | 154 | 0.515654 | 1.534876 | 0.676831 | 3.586957 | 10.775362 | 0.949275 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Health Care Reporting Act of
2004''.
SEC. 2. REPORTING OF SANCTIONS.
Section 422 of the Health Care Quality Improvement Act of 1986 (42
U.S.C. 11132) is amended--
(1) in the section heading by striking ``Boards of medical
examiners'' and inserting ``State licensing boards'';
(2) in paragraphs (1) and (2) of subsection (a)--
(A) by striking ``physician's'' each place it
appears and inserting ``physician's or other health
care practitioner's''; and
(B) by striking ``physician'' each place it appears
and inserting ``physician or other health care
practitioner''; and
(3) in subsections (a) and (b), by striking ``Board of
Medical Examiners'' each place it appears and inserting ``State
licensing board''.
SEC. 3. REPORTING OF CERTAIN PROFESSIONAL REVIEW ACTIONS.
Section 423 of the Health Care Quality Improvement Act of 1986 (42
U.S.C. 11133) is amended--
(1) by striking ``Board of Medical Examiners'' each place
it appears and inserting ``State licensing board'';
(2) in subsection (a)--
(A) by striking paragraph (2) and inserting the
following:
``(2) Mandatory reporting on other licensed health care
practitioners.--A health care entity shall report to the
appropriate State licensing boards and to the agency designated
under section 424(b), the information described in paragraph
(3) in the case of a licensed health care practitioner who is
not a physician, if the entity would be required to report such
information under paragraph (1) with respect to the
practitioner if the practitioner were a physician.'';
(B) by redesignating paragraph (3)(C) as paragraph
(3)(D); and
(C) by striking paragraph (3)(B) and inserting the
following:
``(B) a description of any adverse action,
including dismissal and review action, taken by a
hospital or other health care entity against a health
care practitioner who is employed by, has privileges
at, is under contract with, or otherwise works at the
health care entity for conduct that may be construed to
violate any Federal or State law, including laws
governing licensed health care professional practice
standards,
``(C) information on a health care practitioner who
voluntarily resigns during, or as a result of, a
pending dismissal or review action, and'';
(3) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(4) by inserting after subsection (a), the following:
``(b) Standard for Reporting of Adverse Actions.--Adverse actions
reported under subsection (a)(2) shall be made in accordance with the
rights and procedures afforded to physicians under section 412.'';
(5) in subsection (c) (as so redesignated), in the
subsection heading, by striking ``Board of Medical Examiners''
and inserting ``State licensing board'';
(6) in subsection (d)(1) (as so redesignated), by striking
``subsection (a)(1)'' and inserting ``paragraphs (1) and (2) of
subsection (a) and subsection (b)'';
(7) in subsection (d)(2) (as so redesignated), in the
paragraph heading, by striking ``Board of Medical Examiners''
and inserting ``State licensing board'';
(8) in subsection (e) (as so redesignated), in the
subsection heading, by striking ``Board of Medical Examiners''
and inserting ``State licensing board''; and
(9) by adding at the end the following:
``(f) Civil Penalties.--
``(1) In general.--The Secretary shall provide for the
imposition of no more than $50,000 per violation for health
care entities that fail to comply with this section.
``(2) Repeated violations.--The Secretary shall provide for
civil penalties in addition to the amount listed in paragraph
(1) for health care entities that establish patterns of
repeated violations of this section.''.
SEC. 4. CIVIL PENALTIES.
Section 425 of the Health Care Quality Improvement Act of 1986 (42
U.S.C. 11135) is amended--
(1) in paragraphs (1) and (2) of subsection (a), and
subsections (b) and (c), by striking ``hospital'' each place it
appears and inserting ``health care entity or agency employing
a physician or other licensed health care practitioner'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``each hospital'' and
inserting ``each health care entity and agency
employing a physician or other licensed health
care practitioner''; and
(ii) by inserting ``and from the
appropriate State licensing board,'' after
``(or the agency designated under section
424(b)),'';
(B) in paragraph (1), by inserting ``or
employment'' after ``clinical privileges''; and
(C) in paragraph (2), by inserting ``or employed''
after ``clinical privileges'';
(3) in subsection (c), by striking ``hospital's'' and
inserting ``the health care entity's or agency's'' and
(4) by adding at the end the following:
``(d) Civil Penalties.--
``(1) In general.--The Secretary shall provide for the
imposition of no more than $50,000 per violation for a health
care entity or agency employing a physician or other licensed
health care practitioner that fails to comply with this
section.
``(2) Repeated violations.--The Secretary shall provide for
civil penalties in addition to the amount listed in paragraph
(1) for a health care entity or agency employing a physician or
other licensed health care practitioner that establishes
patterns of repeated violations of this section.''.
SEC. 5. PROFESSIONAL REVIEW.
Section 411 of the Health Care Quality Improvement Act of 1986 (42
U.S.C. 11111) is amended by adding at the end the following:
``(d) Civil Liability Immunity for Health Care Entities.--
``(1) In general.--A health care entity that discloses
information about a former or current employee pursuant to
section 423 is immune from civil liability for such disclosure
and its consequences unless it is demonstrated that the
employer--
``(A) knowingly disclosed false information; or
``(B) violated any right of the former or current
employee that is protected under Federal or State laws.
``(2) Application.--This subsection applies to any
employee, agent, or other representative of the current or
former employer who is authorized to provide and who provides
information in accordance with section 423.
``(e) Protection of Health Care Practitioners.--A health care
entity shall not penalize, discriminate, or retaliate in any manner
with respect to employment, including discharge, promotion,
compensation, or terms, conditions, or privileges of employment,
against an employee who, in good faith, reports conduct that may be
construed to violate a Federal or State law, including laws governing
licensed health care professional practice standards, to a State
authority, licensing authority, peer review organization, or
employer.''.
SEC. 6. HEALTH CARE ENTITY; SKILLED NURSING FACILITY.
Section 431 of the Health Care Quality Improvement Act of 1986 (42
U.S.C. 11151) is amended--
(1) in paragraph (4)(i), by inserting ``or skilled nursing
facility'' after ``hospital'';
(2) by redesignating paragraphs (13) and (14) as paragraphs
(14) and (15), respectively; and
(3) by inserting after paragraph (12) the following:
``(13) The term `skilled nursing facility' means an entity
described in section 1819(a) of the Social Security Act (42
U.S.C. 1395i-3(a)).''.
SEC. 7. SANCTIONS AGAINST AND BACKGROUND CHECKS OF HEALTH CARE
PRACTITIONERS AND PROVIDERS.
Section 1921 of the Social Security Act (42 U.S.C. 1396r-2) is
amended--
(1) in the section heading, by inserting ``and Criminal
Background Checks of'' after ``Against''; and
(2) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following:
``(2) Information concerning criminal background of
licensed health care practitioners.--The State shall have in
effect a system of reporting criminal background information on
licensed health care practitioners to the agency designated
under section 424(b) of the Health Care Quality Improvement Act
of 1986 (42 U.S.C. 11134(b)).''.
SEC. 8. DATE OF IMPLEMENTATION.
The Secretary of Health and Human Services shall, through the
promulgation of appropriate regulations, implement the provisions of
this Act within 1 year after the date of enactment of this Act. | Safe Health Care Reporting Act of 2004 - Amends the Health Care Quality Improvement Act of 1986 to require State licensing boards (currently, boards of medical examiners) to report to the National Practitioner Data Bank regarding: (1) any sanctions taken against a physician or health care practitioner (currently, against a physician); and (2) known instances of health care entities failing to report required information.
Requires (current law authorizes) health care entities to report specified information to State licensing boards and the Data Bank regarding any action that adversely affects the clinical privileges of a health care practitioner who is not a physician if the entity would be required to report such information if the practitioner were a physician.
Allows the Secretary to impose fines for violations of reporting requirements by health care entities.
Requires health care entities and other agencies that employ physicians or other licensed health care providers (currently, requires hospitals) to request from the Data Bank and the State licensing board reported information on licensed health care practitioners who apply to be on the medical staff or who apply for clinical privileges or employment.
Provides immunity from civil liability for health care entities that disclose information about employees pursuant to mandatory reporting requirements unless the employer knowingly disclosed false information or violated any legal right of the employee. Prohibits health care entities from retaliating against any employee who, in good faith, reports conduct that may be construed to violate a Federal or State law to a State authority, licensing authority, peer review organization, or employer.
Amends title XIX (Medicaid) of the Social Security Act to require States to implement a system to report criminal background information to the Data Bank. | {"src": "billsum_train", "title": "To amend the Health Care Quality Improvement Act of 1986 to expand the National Practitioner Data Bank."} | 2,101 | 363 | 0.580232 | 1.745227 | 0.853557 | 3.216981 | 6.009434 | 0.845912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Enforcement Security Task
Force Act of 2011''.
SEC. 2. FINDINGS AND DECLARATION OF PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Department of Homeland Security's (DHS) overriding
mission is to lead a unified national effort to protect the
United States. United States Immigration and Customs
Enforcement (ICE) is the largest investigative agency within
DHS and is charged with enforcing a wide array of laws,
including laws related to securing the border and combating
criminal smuggling.
(2) Mexico's northern border with the United States has
experienced a dramatic surge in border crime and violence in
recent years due to intense competition between Mexican drug
cartels and criminal smuggling organizations that employ
predatory tactics to realize their profits.
(3) Law enforcement agencies at the United States northern
border face similar challenges from transnational smuggling
organizations.
(4) In response, DHS has partnered with Federal, State,
local, tribal, and foreign law enforcement counterparts to
create the Border Enforcement Security Task Force (BEST)
initiative as a comprehensive approach to addressing border
security threats. These multi-agency teams are designed to
increase information-sharing and collaboration among the
participating law enforcement agencies.
(5) BEST teams incorporate personnel from ICE, United
States Customs and Border Protection (CBP), the Drug
Enforcement Administration (DEA), the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATFE), the Federal Bureau of
Investigation (FBI), the United States Coast Guard (USCG), and
the U.S. Attorney's Office (USAO), along with other key
Federal, State and local law enforcement agencies.
(6) Foreign law enforcement agencies include Mexico's
Secretaria de Seguridad Publica (SSP), the Canada Border
Services Agency (CBSA), the Ontario Provincial Police (OPP),
and the Royal Canadian Mounted Police (RCMP).
SEC. 3. BORDER ENFORCEMENT SECURITY TASK FORCE.
(a) Establishment.--There is established in United States
Immigration and Customs Enforcement (ICE) a program known as a Border
Enforcement Security Task Force (referred to as ``BEST'').
(b) Purpose.--The purpose of the BEST program is to establish units
to enhance border security by addressing and reducing border security
threats and violence by--
(1) facilitating collaboration among Federal, State, local,
tribal, and foreign law enforcement agencies to execute
coordinated activities in furtherance of border security, and
homeland security; and
(2) enhancing information-sharing, including the
dissemination of homeland security information among such
agencies.
(c) Composition and Designation.--
(1) Composition.--BEST units may be comprised of personnel
from--
(A) United States Immigration and Customs
Enforcement;
(B) United States Customs and Border Protection;
(C) the United States Coast Guard;
(D) other Federal agencies, as appropriate;
(E) appropriate State law enforcement agencies;
(F) foreign law enforcement agencies, as
appropriate;
(G) local law enforcement agencies from affected
border cities and communities; and
(H) appropriate tribal law enforcement agencies.
(2) Designation.--The Secretary of Homeland Security,
acting through the Assistant Secretary for ICE, is authorized
to establish BEST units in jurisdictions where such units can
contribute to the BEST program's missions, as appropriate.
Prior to establishing a BEST unit, the Assistant Secretary
shall consider the following factors:
(A) Whether the area where the BEST unit would be
established is significantly impacted by cross-border
threats.
(B) The availability of Federal, State, local,
tribal, and foreign law enforcement resources to
participate in the BEST unit.
(C) The extent to which border security threats are
having a significant harmful impact in the jurisdiction
in which the BEST unit is to be established, and other
jurisdictions of the country.
(d) Operation.--After making a designation under subsection (c)(2),
and in order to provide Federal assistance to the area so designated,
the Secretary of Homeland Security may--
(1) obligate such sums as are appropriated for the BEST
program;
(2) direct the assignment of Federal personnel to the BEST
program, subject to the approval of the head of the department
or agency that employs such personnel; and
(3) take other actions to assist State, local, tribal, and
foreign jurisdictions to participate in the BEST program.
(e) Report.--Not later than 180 days after the date of the
establishment of the BEST program under subsection (a) and annually
thereafter, the Secretary of Homeland Security shall submit to Congress
a report on the effectiveness of the BEST program in enhancing border
security and reducing the drug trafficking, arms smuggling, illegal
alien trafficking and smuggling, violence, and kidnapping along and
across the international borders of the United States as measured by
crime statistics, including violent deaths, incidents of violence, and
drug related arrests.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Homeland Security such funds as may be
necessary for each of fiscal years 2012 through 2016 to--
(1) establish and operate the BEST program, including to
provide for operational, administrative, and technological
costs to Federal, State, local, tribal and foreign law
enforcement agencies participating in the BEST program; and
(2) investigate, apprehend, and prosecute individuals
engaged in drug trafficking, arms smuggling, illegal alien
trafficking and smuggling, violence, and kidnapping along and
across the international borders of the United States. | Border Enforcement Security Task Force Act of 2011 - Establishes in United States Immigration and Customs Enforcement (ICE) a Border Enforcement Security Task Force (BEST) program to enhance border security by addressing and reducing border security threats and violence by: (1) facilitating collaboration among federal, state, local, tribal, and foreign law enforcement agencies to execute coordinated activities in furtherance of border security and homeland security; and (2) enhancing information-sharing among such agencies.
Authorizes the Secretary of Homeland Security (DHS), acting through the Assistant Secretary for ICE, to establish BEST units after considering: (1) whether the area where the unit would be established is significantly impacted by cross-border threats; (2) the availability of federal, state, local, tribal, and foreign law enforcement resources to participate in the unit; and (3) the extent to which border security threats are having a significant harmful impact in the area and in other jurisdictions. Authorizes the Secretary, in order to provide federal assistance to the area so designated, to: (1) obligate such sums as are appropriated for the BEST program; (2) direct the assignment of federal personnel to that program; and (3) take other actions to assist state, local, tribal, and foreign jurisdictions to participate.
Directs the Secretary to report on the effectiveness of the program in enhancing border security and reducing the drug trafficking, arms smuggling, illegal alien trafficking and smuggling, violence, and kidnapping along and across U.S. borders. | {"src": "billsum_train", "title": "To establish a Border Enforcement Security Task Force program to enhance border security by fostering coordinated efforts among Federal, State, and local border and law enforcement officials to protect United States border cities and communities from trans-national crime, including violence associated with drug trafficking, arms smuggling, illegal alien trafficking and smuggling, violence, and kidnapping along and across the international borders of the United States, and for other purposes."} | 1,229 | 318 | 0.643082 | 1.967607 | 0.911568 | 7.215017 | 3.945392 | 0.982935 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft Prevention Act of
2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the crime of identity theft has become one of the major
law enforcement challenges of the new economy, as vast
quantities of sensitive, personal information are now
vulnerable to criminal interception and misuse;
(2) the United States Postal Inspection Service estimates
that 50,000 people a year have become victims of identity theft
since the mid-1990's;
(3) the United States Secret Service investigated identity
theft losses to individuals and institutions of $745,000,000 in
1997, a 75 percent increase over the $442,000,000 lost in 1995;
(4) according to TransUnion Corporation, a national credit
bureau, the total number of identity theft inquiries to its
Fraud Victim Assistance Department grew from 35,235 in 1992 to
522,922 in 1997;
(5) an integral part of many identity crimes is the
fraudulent acquisition of the social security number of an
individual;
(6) credit issuers, credit reporting agencies, and other
organizations with access to sensitive personal data have an
obligation to handle such information responsibly, and should
take affirmative steps to prevent identity criminals from
intercepting such information;
(7) identity theft causes extraordinary damage to its
victims, jeopardizing their access to needed credit and forcing
many to spend years trying to restore their good name;
(8) the resources available to identity theft victims are
inadequate, and both the private sector and Federal agencies
should provide better and more sympathetic assistance to such
victims;
(9) credit reporting agencies and credit issuers should
have uniform reporting requirements and effective fraud alerts
to assist identity theft victims in repairing and protecting
their credit; and
(10) consumers need greater access to information that is
collected about them so they can quickly identify fraudulent
activity.
SEC. 3. CHANGES OF ADDRESS.
(a) Duty of Issuers of Credit.--Section 132 of the Truth in Lending
Act (15 U.S.C. 1642) is amended--
(1) by inserting ``(a) In General.--'' before ``No
credit''; and
(2) by adding at the end the following:
``(b) Confirmation of Changes of Address.--
``(1) In general.--Not later than 10 days after receiving
notification from a cardholder of a change of address, a card
issuer shall send to the cardholder, both to the new address
and to the former address thereof, written confirmation of that
change of address.
``(2) Notification of request for additional cards.--If a
card issuer receives a request for an additional credit card
with respect to an existing credit account not later than 30
days after receiving notification of a change of address for
that account, the card issuer shall notify the cardholder of
the request at both the new address and the former address.''.
(b) Duty of Consumer Reporting Agencies.--Section 605 of the Fair
Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end
the following:
``(g) Notice of Potential Fraud.--A consumer reporting agency shall
notify each user of a consumer report that is a creditor (as defined in
section 103 of the Truth in Lending Act) if the agency becomes aware
that an application to the card issuer to open a new credit card
account bears an address for the consumer that is different from the
address in the file of the consumer.''.
(c) Enforcement.--
(1) Federal trade commission.--Except as provided in
paragraph (2), compliance with section 132(b) of the Truth in
Lending Act (as added by this section) shall be enforced by the
Federal Trade Commission in the same manner and with the same
power and authority as the Commission has under the Fair Debt
Collection Practices Act to enforce compliance with that Act.
(2) Other agencies in certain cases.--
(A) In general.--Compliance with section 132(b) of
the Truth in Lending Act (as added by this section)
shall be enforced under--
(i) section 8 of the Federal Deposit
Insurance Act, in the case of a card issuer
that is--
(I) a national bank or a Federal
branch or Federal agency of a foreign
bank, by the Office of the Comptroller
of the Currency;
(II) a member bank of the Federal
Reserve System (other than a national
bank), a branch or agency of a foreign
bank (other than a Federal branch,
Federal agency, or insured State branch
of a foreign bank), a commercial
lending company owned or controlled by
a foreign bank, or an organization
operating under section 25 or 25A of
the Federal Reserve Act, by the Board
of Governors of the Federal Reserve System;
(III) a bank insured by the Federal
Deposit Insurance Corporation (other
than a member of the Federal Reserve
System or a national nonmember bank) or
an insured State branch of a foreign
bank, by the Board of Directors of the
Federal Deposit Insurance Corporation;
and
(IV) a savings association, the
deposits of which are insured by the
Federal Deposit Insurance Corporation,
by the Director of the Office of Thrift
Supervision; and
(ii) the Federal Credit Union Act, by the
Administrator of the National Credit Union
Administration in the case of a card issuer
that is a Federal credit union, as defined in
that Act.
(3) Violations treated as violations of other laws.--For
the purpose of the exercise by any agency referred to in this
subsection of its powers under any Act referred to in this
subsection, a violation of section 132(b) of the Truth in
Lending Act (as added by this section) shall be deemed to be a
violation of a requirement imposed under that Act. In addition
to its powers under any provision of law specifically referred
to in paragraph (1) or (2), each of the agencies referred to in
those paragraphs may exercise, for the purpose of enforcing
compliance with section 132(b) of the Truth in Lending Act (as
added by this section), any other authority conferred on such
agency by law.
SEC. 4. FRAUD ALERTS.
Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is
amended by adding at the end the following:
``(h) Fraud Alerts.--
``(1) In general.--Upon the request of a consumer, a
consumer reporting agency shall include a fraud alert in the
file of that consumer.
``(2) Notice to users.--A consumer reporting agency shall
notify each person procuring consumer credit information with
respect to a consumer of the existence of a fraud alert in the
file of that consumer, regardless of whether a full credit
report, credit score, or summary report is requested.
``(3) Penalties.--Any consumer reporting agency that fails
to comply with this subsection, and any user of a consumer
report that fails to comply with preauthorization procedures
contained in a fraud alert and issues or extends credit in the
name of the consumer to a person other than the consumer, shall
be in violation of this section.
``(4) Definition.--In this subsection, the term `fraud
alert' means a clear and conspicuous statement in the file of a
consumer that notifies all prospective users of a consumer
report made with respect to that consumer that the consumer
does not authorize the issuance or extension of credit in the
name of the consumer unless--
``(A) the issuer of such credit first obtains
verbal authorization from the consumer at a telephone
number designated by the consumer; or
``(B) the issuer complies with such other method of
preauthorization by the consumer as is mutually agreed
upon by the consumer and the consumer reporting
agency.''.
SEC. 5. REGULATIONS ON DUTY TO INVESTIGATE.
Not later than 6 months after the date of enactment of this Act,
the Federal Trade Commission shall promulgate regulations to require
each consumer reporting agency (as defined in section 603 of the Fair
Credit Reporting Act) to investigate discrepancies between personal or
identifying information contained in the file maintained by the agency
with respect to a consumer and in the personal and identifying
information supplied to the agency by the user of the consumer report.
SEC. 6. FREE REPORTS ANNUALLY.
Section 612(c) of the Fair Credit Reporting Act (15 U.S.C.
1681j(c)) is amended to read as follows:
``(c) Free Annual Disclosure.--Upon the request of the consumer, a
consumer reporting agency shall make all disclosures pursuant to
section 609 once during any 12-month period without charge to the
consumer.''.
SEC. 7. IDENTIFYING INFORMATION.
(a) Limitation.--The Fair Credit Reporting Act (15 U.S.C. 1601 et
seq.) is amended--
(1) by redesignating section 624 (15 U.S.C. 1681t, as so
designated by Public Law 104-208) as section 626 and moving
that section to the end of the Act;
(2) by redesignating section 624 (15 U.S.C. 1681u, as added
by Public Law 104-93) as section 625; and
(3) by inserting after section 623 the following:
``SEC. 624. OTHER IDENTIFYING INFORMATION.
``Except as provided in section 608, a consumer reporting agency
may furnish consumer identifying information, other than the name,
generational designation, and current address of the consumer, only in
a consumer report.''.
(b) Disclosures to Governmental Agencies.--Section 608 of the Fair
Credit Reporting Act (15 U.S.C. 1681f) is amended by striking ``section
604'' and inserting ``sections 604 and 623''.
(c) Permissible Purposes.--Section 604(a) of the Fair Credit
Reporting Act (15 U.S.C. 1681b(a)) is amended in the matter preceding
paragraph (1) by inserting ``or any identifying information (other than
the name, generational designation, or current address of the
consumer)'' after ``a consumer report''.
SEC. 8. INDIVIDUAL REFERENCE SERVICES.
(a) In General.--An individual reference services provider shall,
upon request and proper identification of a consumer--
(1) clearly and accurately disclose to the consumer the
nature, content, and substance of all information in the file
maintained by the provider with respect to the consumer at the
time of the request that is obtainable based upon the
identifying information supplied by the consumer when making
such request; and
(2) if the consumer has made a written request, deliver a
written copy or photocopy of all information described in
paragraph (1), together with a clear, simple, and plain meaning
explanation of the information provided under this subsection,
in a readable format and type, which shall in no case be
smaller than 10 point type.
(b) Individual Reference Services Provider Defined.--
(1) In general.--In this section, the term ``individual
reference services provider''--
(A) means any person that, for monetary fees, dues,
or on a cooperative nonprofit basis, regularly engages
in the practice of creating, assembling, evaluating, or
providing information, either directly or as a supplier
to others, with respect to any person regarding any 2
or more items of information described in paragraph
(2); and
(B) does not include the Federal Government or any
State government or political subdivision thereof.
(2) Types of information.--The items of information
described in this paragraph are--
(A) social security number or other social security
information;
(B) mother's maiden name;
(C) prior address;
(D) birth date;
(E) criminal history;
(F) history of civil actions;
(G) driving records;
(H) vehicle information;
(I) past employment history;
(J) income level;
(K) tax records;
(L) history of voter registration; and
(M) other similar information, as determined by the
Federal Trade Commission.
SEC. 9. EXTENSION OF THE CIVIL MONETARY PENALTY AUTHORITY.
(a) In General.--Section 1129(a) of the Social Security Act (42
U.S.C. 1320a-8(a)) is amended--
(1) by striking ``(A)'', ``(B)'', and ``(C)'' and inserting
``(i)'', ``(ii)'', and ``(iii)'', respectively;
(2) by striking ``(a)(1)'' and inserting ``(a)(1)(A)'';
(3) by striking ``(2)'' and inserting ``(B)''; and
(4) by adding at the end the following new paragraph:
``(2) Any person (including an organization, agency, or other
entity) who--
``(A) having received, while acting in the capacity as
representative payee pursuant to section 205(j) or section
1631(a)(2), a payment under title II or title XVI for the use
and benefit of another individual, converts such payment, or
any part thereof, to a use that such person knows or should
know is other than for the use and benefit of such other
individual; or
``(B) uses a social security account number that such
person knows or should know has been assigned by the
Commissioner of Social Security (pursuant to an exercise of
authority under section 205(c)(2) to establish and maintain
records) on the basis of false information furnished to the
Commissioner of Social Security by any individual; or
``(C) falsely represents a number to be the social security
account number assigned by the Commissioner of Social Security
to any individual, when such person knows or should know that
such number is not the social security account number
assigned by the Commissioner of Social Security to such individual; or
``(D) knowingly alters a social security card issued by the
Commissioner of Social Security, or possesses such a card with
intent to alter it; or
``(E) knowingly buys or sells a card that is, or purports
to be, a card issued by the Commissioner of Social Security, or
possesses such a card with intent to buy or sell it; or
``(f) counterfeits a social security card, or possesses a
counterfeit card with intent to buy or sell it; or
``(G) discloses, uses, or compels the disclosure of the
social security account number of any person in violation of
the laws of the United States
shall be subject to, in addition to any other penalties that may be
prescribed by law, a civil money penalty of not more than $5,000 for
each such violation.''.
(b) Conforming Amendments.--
(1) Section 1129(b)(3)(A) of the Social Security Act (42
U.S.C. 1320a-8(b)(3)(A)) is amended by striking ``charging
fraud or false statements''.
(2) Section 1129(c)(1) of such Act (42 U.S.C. 1320a-
8(c)(1)) is amended by striking ``and representations'' and
inserting ``, representations, or actions''.
(3) Section 1129(e)(1)(A) of such Act (42 U.S.C. 1320a-
8(e)(1)(A)) is amended by striking ``statement or
representation referred to in subsection (a) was made'' and
inserting ``violation occurred''.
(4) Section 1129(l) of such Act (42 U.S.C. 1320a-8(l)) is
amended by inserting ``assignment of a social security account
number or'' after ``application of an individual for''.
(c) Effective Date.--The amendments made by this section shall be
effective with respect to violations committed after the date of
enactment of this Act.
SEC. 10. MODEL FORMS.
(a) In General.--Six months after the date of enactment of this
Act, the Federal Trade Commission shall develop a model form and
standard procedures to be used by consumers that are victims of
identity fraud in contacting and informing creditors and credit
reporting agencies of such fraud, if the Commission determines, at that
time, that issuers of credit and credit reporting agencies have failed
to jointly develop such a model form and standard procedures.
(b) Contents.--A model form developed under subsection (a) (by the
Commission or the issuers and agencies referred to therein) shall
require information necessary to demonstrate the fraudulent activity
done in the name of the consumer to whom the form relates, including,
if applicable--
(1) a notarized affidavit or police report relating to the
activity;
(2) a notarized handwriting sample; and
(3) any other relevant documentation. | (Sec. 3) Amends the Fair Credit Reporting Act to require a consumer reporting agency to submit notification of potential fraud to each creditor using a consumer report whenever the agency learns of a card application bearing a different address for the consumer than the one in the consumer's file.
States that compliance with this Act shall be enforced by the following agencies with respect to entities under their jurisdiction that are also issuers of credit cards: (1) the Federal Trade Commission (FTC); (2) the Office of the Comptroller of the Currency; (3) the Board of Governors of the Federal Reserve Board; (4) the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Director of the Office of Thrift Supervision; and (6) the Administrator of the National Credit Union Administration.
(Sec. 4) Amends the Fair Credit Reporting Act to require a consumer reporting agency and users of consumer credit information to comply with certain fraud alert procedures. Sets forth penalties for noncompliance.
(Sec. 5) Directs the FTC to promulgate regulations to require each consumer reporting agency to investigate discrepancies between certain information contained in its files with information supplied by the user of the consumer report.
(Sec. 6) Amends the Fair Credit Reporting Act to mandate, upon request, one free annual disclosure to a consumer by a consumer reporting agency.
(Sec. 8) Requires an individual reference services provider to disclose, upon request and proper identification of the consumer, all information contained in its files pertaining to such consumer.
(Sec. 9) Amends the Social Security Act to establish a civil monetary penalty for specified identity theft violations.
(Sec. 10) Directs the FTC to develop model forms and standard procedures for consumers to inform creditors and credit reporting agencies of identity fraud. | {"src": "billsum_train", "title": "Identity Theft Prevention Act of 2000"} | 3,783 | 401 | 0.518442 | 1.644599 | 0.704043 | 2.767045 | 9.704545 | 0.920455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Time for Schools Act of 1997''.
SEC. 2. GENERAL REQUIREMENTS FOR LEAVE.
(a) Entitlement to Leave.--Section 102(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end
the following:
``(3) Entitlement to school involvement leave.--
``(A) In general.--Subject to section 103(f), an
eligible employee shall be entitled to a total of 24
hours of leave during any 12-month period to
participate in an activity of a school of a son or
daughter of the employee, such as a parent-teacher
conference or an interview for a school, or to
participate in literacy training under a family
literacy program.
``(B) Definitions.--In this paragraph:
``(i) Family literacy program.--The term
`family literacy program' means a program of
services that are of sufficient intensity in
terms of hours, and of sufficient duration, to
make sustainable changes in a family and that
integrate all of the following activities:
``(I) Interactive literacy
activities between parents and their
sons and daughters.
``(II) Training for parents on how
to be the primary teacher for their
sons and daughters and full partners in
the education of their sons and
daughters.
``(III) Parent literacy training.
``(IV) An age-appropriate education
program for sons and daughters.
``(ii) Literacy.--The term `literacy', used
with respect to an individual, means the
ability of the individual to speak, read, and
write English, and compute and solve problems,
at levels of proficiency necessary--
``(I) to function on the job, in
the family of the individual, and in
society;
``(II) to achieve the goals of the
individual; and
``(III) to develop the knowledge
potential of the individual.
``(iii) School.--The term `school' means an
elementary school or secondary school (as such
terms are defined in section 14101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801)), a Head Start program
assisted under the Head Start Act (42 U.S.C.
9831 et seq.), and a child care facility
operated by a provider who meets the applicable
State or local government licensing,
certification, approval, or registration
requirements, if any.
``(4) Limitation.--No employee may take more than a total
of 12 workweeks of leave under paragraphs (1) and (3) during
any 12-month period.''.
(b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1))
is amended by inserting after the second sentence the following:
``Leave under subsection (a)(3) may be taken intermittently or on a
reduced leave schedule.''.
(c) Substitution of Paid Leave.--Section 102(d)(2)(A) of such Act
(29 U.S.C. 2612(d)(2)(A)) is amended by inserting before the period the
following: ``, or for leave provided under subsection (a)(3) for any
part of the 24-hour period of such leave under such subsection''.
(d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is
amended by adding at the end the following:
``(3) Notice for school involvement leave.--In any case in
which the necessity for leave under subsection (a)(3) is
foreseeable, the employee shall provide the employer with not
less than 7 days' notice, before the date the leave is to
begin, of the employee's intention to take leave under such
subsection. If the necessity for the leave is not foreseeable,
the employee shall provide such notice as is practicable.''.
(e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended by adding at the end the following:
``(f) Certification for School Involvement Leave.--An employer may
require that a request for leave under section 102(a)(3) be supported
by a certification issued at such time and in such manner as the
Secretary may by regulation prescribe.''.
SEC. 3. SCHOOL INVOLVEMENT LEAVE FOR CIVIL SERVICE EMPLOYEES.
(a) Entitlement to Leave.--Section 6382(a) of title 5, United
States Code, is amended by adding at the end the following:
``(3)(A) Subject to section 6383(f), an employee shall be entitled
to a total of 24 hours of leave during any 12-month period to
participate in an activity of a school of a son or daughter of the
employee, such as a parent-teacher conference or an interview for a
school, or to participate in literacy training under a family literacy
program.
``(B) In this paragraph:
``(i) The term `family literacy program' means a program of
services that are of sufficient intensity in terms of hours,
and of sufficient duration, to make sustainable changes in a
family and that integrate all of the following activities:
``(I) Interactive literacy activities between
parents and their sons and daughters.
``(II) Training for parents on how to be the
primary teacher for their sons and daughters and full
partners in the education of their sons and daughters.
``(III) Parent literacy training.
``(IV) An age-appropriate education program for
sons and daughters.
``(ii) The term `literacy', used with respect to an
individual, means the ability of the individual to speak, read,
and write English, and compute and solve problems, at levels of
proficiency necessary--
``(I) to function on the job, in the family of the
individual, and in society;
``(II) to achieve the goals of the individual; and
``(III) to develop the knowledge potential of the
individual.
``(iii) The term `school' means an elementary school or
secondary school (as such terms are defined in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801)), a Head Start program assisted under the Head Start Act
(42 U.S.C. 9831 et seq.), and a child care facility operated by
a provider who meets the applicable State or local government
licensing, certification, approval, or registration
requirements, if any.
``(4) No employee may take more than a total of 12 workweeks of
leave under paragraphs (1) and (3) during any 12-month period.''.
(b) Schedule.--Section 6382(b)(1) of such title is amended by
inserting after the second sentence the following: ``Leave under
subsection (a)(3) may be taken intermittently or on a reduced leave
schedule.''.
(c) Substitution of Paid Leave.--Section 6382(d) of such title is
amended by inserting before ``, except'' the following: ``, or for
leave provided under subsection (a)(3) any of the employee's accrued or
accumulated annual leave under subchapter I for any part of the 24-hour
period of such leave under such subsection''.
(d) Notice.--Section 6382(e) of such title is amended by adding at
the end the following:
``(3) In any case in which the necessity for leave under subsection
(a)(3) is foreseeable, the employee shall provide the employing agency
with not less than 7 days' notice, before the date the leave is to
begin, of the employee's intention to take leave under such subsection.
If the necessity for the leave is not foreseeable, the employee shall
provide such notice as is practicable.''.
(e) Certification.--Section 6383 of such title is amended by adding
at the end the following:
``(f) An employing agency may require that a request for leave
under section 6382(a)(3) be supported by a certification issued at such
time and in such manner as the Office of Personnel Management may by
regulation prescribe.''.
SEC. 4. EFFECTIVE DATE.
This Act takes effect 120 days after the date of enactment of this
Act. | Time for Schools Act of 1997 - Amends the Family and Medical Leave Act of 1993 to allow employees covered by such Act to take up to 24 hours, during any 12-month period, of school involvement leave to participate in: (1) an activity of their child's school; or (2) literacy training under a family literacy program.
Amends Federal civil service law to apply the same school involvement leave allowance to Federal employees. | {"src": "billsum_train", "title": "Time for Schools Act of 1997"} | 1,904 | 88 | 0.526422 | 1.344719 | 0.823111 | 2.678161 | 19.390805 | 0.862069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wool Suit Fabric Labeling Fairness
and International Standards Conforming Act''.
SEC. 2. LABELING OF WOOL AND CASHMERE PRODUCTS TO FACILITATE COMPLIANCE
AND PROTECT CONSUMERS.
(a) In General.--Section 4(a) of the Wool Products Labeling Act of
1939 (15 U.S.C. 68b(a)) is amended by adding at the end the following
new paragraphs:
``(5)(A) In the case of a wool product stamped, tagged,
labeled, or otherwise identified as--
``(i) `Super 80's' or `80's', if the average
diameter of wool fiber of such wool product does not
average 19.75 microns or finer;
``(ii) `Super 90's' or `90's', if the average
diameter of wool fiber of such wool product does not
average 19.25 microns or finer;
``(iii) `Super 100's' or `100's', if the average
diameter of wool fiber of such wool product does not
average 18.75 microns or finer;
``(iv) `Super 110's' or `110's', if the average
diameter of wool fiber of such wool product does not
average 18.25 microns or finer;
``(v) `Super 120's' or `120's', if the average
diameter of wool fiber of such wool product does not
average 17.75 microns or finer;
``(vi) `Super 130's' or `130's', if the average
diameter of wool fiber of such wool product does not
average 17.25 microns or finer;
``(vii) `Super 140's' or `140's', if the average
diameter of wool fiber of such wool product does not
average 16.75 microns or finer;
``(viii) `Super 150's' or `150's', if the average
diameter of wool fiber of such wool product does not
average 16.25 microns or finer;
``(ix) `Super 160's' or `160's', if the average
diameter of wool fiber of such wool product does not
average 15.75 microns or finer;
``(x) `Super 170's' or `170's', if the average
diameter of wool fiber of such wool product does not
average 15.25 microns or finer;
``(xi) `Super 180's' or `180's', if the average
diameter of wool fiber of such wool product does not
average 14.75 microns or finer;
``(xii) `Super 190's' or `190's', if the average
diameter of wool fiber of such wool product does not
average 14.25 microns or finer;
``(xiii) `Super 200's' or `200's', if the average
diameter of wool fiber of such wool product does not
average 13.75 microns or finer;
``(xiv) `Super 210's' or `210's', if the average
diameter of wool fiber of such wool product does not
average 13.25 microns or finer;
``(xv) `Super 220's' or `220's', if the average
diameter of wool fiber of such wool product does not
average 12.75 microns or finer;
``(xvi) `Super 230's' or `230's', if the average
diameter of wool fiber of such wool product does not
average 12.25 microns or finer;
``(xvii) `Super 240's' or `240's', if the average
diameter of wool fiber of such wool product does not
average 11.75 microns or finer; and
``(xviii) `Super 250's' or `250's', if the average
diameter of wool fiber of such wool product does not
average 11.25 microns or finer.
``(B) In each case described in subparagraph (A), the
average fiber diameter of the wool product may be subject to
such other standards or deviations as adopted by regulation by
the Commission.
``(6)(A) In the case of a wool product stamped, tagged,
labeled, or otherwise identified as cashmere, if--
``(i) such wool product is not the fine (dehaired)
undercoat fibers produced by a cashmere goat (capra
hircus laniger);
``(ii) the average diameter of the fiber of such
wool product exceeds 19 microns; or
``(iii) such wool product contains more than 3
percent (by weight) of cashmere fibers with average
diameters that exceed 30 microns.
``(B) The average fiber diameter for each product described
in subparagraph (A) may be subject to a coefficient of
variation around the mean that does not exceed 24 percent.''.
(b) Applicability Date.--The amendments made by this section apply
to wool products manufactured on or after January 1, 2007. | Wool Suit Fabric Labeling Fairness and International Standards Conforming Act - Amends the Wool Products Labeling Act of 1939 to declare that specified wool products, including cashmere, are misbranded if their average diameter of wool fiber does not meet certain standards of fineness.
Authorizes the Federal Trade Commission to adopt additional standards or deviations. | {"src": "billsum_train", "title": "A bill to amend the Wool Products Labeling Act of 1939 to revise the requirements for labeling of certain wool and cashmere products."} | 1,229 | 76 | 0.562768 | 1.365726 | 0.434126 | 2.288136 | 17.186441 | 0.728814 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Barrier Resources
Reauthorization Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Otherwise protected area.--The term ``otherwise protected
area'' has the meaning given the term in section 12 of the Coastal
Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law
101-591).
(2) Pilot project.--The term ``pilot project'' means the
digital mapping pilot project authorized under section 6 of the
Coastal Barrier Resources Reauthorization Act of 2000 (16 U.S.C.
3503 note; Public Law 106-514).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) System unit.--The term ``System unit'' has the meaning
given the term in section 3 of the Coastal Barrier Resources Act
(16 U.S.C. 3502).
SEC. 3. DIGITAL MAPPING PILOT PROJECT FINALIZATION.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Resources of the
House of Representatives a report regarding the digital maps of the
System units and otherwise protected areas created under the pilot
project.
(b) Consultation.--The Secretary shall prepare the report required
under subsection (a)--
(1) in consultation with the Governors of the States in which
any System units and otherwise protected areas are located; and
(2) after--
(A) providing an opportunity for the submission of public
comments; and
(B) considering any public comments submitted under
subparagraph (A).
(c) Contents.--The report required under subsection (a) shall
contain--
(1) the final recommended digital maps created under the pilot
project;
(2) recommendations for the adoption of the digital maps by
Congress;
(3) a summary of the comments received from the Governors of
the States, other government officials, and the public regarding
the digital maps;
(4) a summary and update of the protocols and findings of the
report required under section 6(d) of the Coastal Barrier Resources
Reauthorization Act of 2000 (16 U.S.C. 3503 note; Public Law 106-
514); and
(5) an analysis of any benefits that the public would receive
by using digital mapping technology for all System units and
otherwise protected areas.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $500,000 for
each of fiscal years 2006 through 2007.
SEC. 4. DIGITAL MAPPING PROJECT FOR THE REMAINING JOHN H. CHAFEE
COASTAL BARRIER RESOURCES SYSTEM UNITS AND OTHERWISE
PROTECTED AREAS.
(a) In General.--The Secretary shall carry out a project to create
digital versions of all of the John H. Chafee Coastal Barrier Resources
System maps referred to in section 4(a) of the Coastal Barrier
Resources Act (16 U.S.C. 3503(a)), including maps of otherwise
protected areas, that were not included in the pilot project.
(b) Data.--
(1) Use of existing data.--To the maximum extent practicable,
in carrying out the project under this section, the Secretary shall
use any digital spatial data in the possession of Federal, State,
and local agencies, including digital orthophotos, color infrared
photography, wetlands data, and property parcel data.
(2) Provision of data by other agencies.--The head of a Federal
agency that possesses any data referred to in paragraph (1) shall,
on request of the Secretary, promptly provide the data to the
Secretary at no cost.
(3) Provision of data by non-federal agencies.--State and local
agencies and any other non-Federal entities that possess data
referred to in paragraph (1) are encouraged, on request of the
Secretary, to promptly provide the data to the Secretary at no
cost.
(4) Additional data.--If the Secretary determines that any data
necessary to carry out the project under this section does not
exist, the Director of the United States Fish and Wildlife Service
shall enter into an agreement with the Director of the United
States Geological Survey under which the United States Geological
Survey, in cooperation with the heads of other Federal agencies, as
appropriate, shall obtain and provide to the Director of the United
States Fish and Wildlife Service the data required to carry out
this section.
(5) Data standards.--All data used or created to carry out this
section shall comply with--
(A) the National Spatial Data Infrastructure established by
Executive Order No. 12906 (59 Fed. Reg. 17671); and
(B) any other standards established by the Federal
Geographic Data Committee established by the Office of
Management and Budget circular numbered A-16.
(c) Report.--
(1) In general.--Not later than 5 years after the submission of
the report under section 3(a), the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Resources of the House of Representatives a report
regarding the digital maps created under this section.
(2) Consultation.--The Secretary shall prepare the report
required under paragraph (1)--
(A) in consultation with the Governors of the States in
which the System units and otherwise protected areas are
located; and
(B) after--
(i) providing an opportunity for the submission of
public comments; and
(ii) considering any public comments submitted under
clause (i).
(3) Contents.--The report required under paragraph (1) shall
contain--
(A) a description of the extent to which the boundary lines
on the digital maps differ from the boundary lines on the
original maps;
(B) a summary of the comments received from Governors,
other government officials, and the public regarding the
digital maps created under this section;
(C) recommendations for the adoption of the digital maps
created under this section by Congress;
(D) recommendations for expansion of the John H. Chafee
Coastal Barrier Resources System and otherwise protected areas,
as in existence on the date of enactment of this Act;
(E) a summary and update on the implementation and use of
the digital maps created under the pilot project; and
(F) a description of the feasibility of, and the amount of
funding necessary for--
(i) making all of the System unit and otherwise
protected area maps available to the public in digital
format; and
(ii) facilitating the integration of digital System
unit and otherwise protected area boundaries into Federal,
State, and local planning tools.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $1,000,000 for
each of fiscal years 2006 through 2010.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the Coastal Barrier Resources Act (16 U.S.C. 3510) is
amended by striking ``2001, 2002, 2003, 2004, and 2005'' and inserting
``2006 through 2010''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Coastal Barrier Resources Reauthorization Act of 2005 - Directs the Secretary of the Interior to report to Congress on the creation of digital maps of the John H. Chafee Coastal Barrier Resources System units and other protected areas under the digital mapping pilot project. Authorizes appropriations for FY2006-FY2007.
Requires the Secretary to carry out a project to create digital versions of all the remaining John H. Chafee Coastal Barrier Resources System maps, including maps of protected areas not included in the pilot project. Authorizes appropriations for FY2006-FY2010. | {"src": "billsum_train", "title": "A bill to reauthorize the Coastal Barrier Resources Act, and for other purposes."} | 1,561 | 130 | 0.577617 | 1.429615 | 0.628429 | 3.319588 | 14.979381 | 0.907216 |
SECTION 1. KAGEET POINT LAND SELECTION.
The lands contained in the western half of Township 21 South, Range
24 East, Copper River Meridian, commonly known as ``Kageet Point'',
shall be considered and treated as acreage allotted to the Chugach
Alaska Corporation for the purpose of making selections under section
12(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1611(c)).
SEC. 2. RATIFICATION OF CERTAIN CASWELL AND MONTANA CREEK NATIVE
ASSOCIATIONS CONVEYANCES.
The conveyance of approximately 11,520 acres to Montana Creek
Native Association, Inc., and the conveyance of approximately 11,520
acres to Caswell Native Association, Inc., shall be considered and
treated as conveyances under section 14(h)(2) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1613(h)(2)). The group corporations
for Montana Creek and Caswell are hereby declared to have received
their full entitlement and shall not be entitled to the receipt of any
additional lands under the Alaska Native Claims Settlement Act.
SEC. 3. MINING CLAIMS AFTER LANDS PATENTED TO REGIONAL CORPORATION.
Section 22(c) of Alaska Native Claims Settlement Act (43 U.S.C.
1621(c)) is amended by adding at the end the following new paragraph:
``(3) After the fee or subsurface lands subject to a valid mining
claim have been patented to a Regional Corporation--
``(A) any person holding such valid mining claim shall
continue to meet all requirements of the general mining laws
and section 314 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1744);
``(B) the United States shall continue to administer the
mining claim, unless and until the Secretary, acting through
the Bureau of Land Management, waives administration in favor
of the Regional Corporation; and
``(C)(i) except as provided in clause (ii), all revenues
from the mining claim otherwise due the United States shall be
remitted to the Regional Corporation for distribution pursuant
to section 7(i) of this Act; and
``(ii) if the Regional Corporation patent does not cover
all land covered by the mining claim, the Regional Corporation
shall be entitled only to the proportion of revenues reasonably
allocated to the portion of the mining claim so covered.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS TO IMPLEMENT CONVEYANCES.
Section 14(c) of Alaska Native Claims Settlement Act (43 U.S.C.
1613(c)) is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(2) by striking ``Each patent'' and inserting ``(1) Each
patent''; and
(3) by adding at the end the following new paragraph:
``(2) There is authorized to be appropriated such sums as
are necessary to provide technical assistance to Village
Corporations in carrying out this subsection. The Secretary may
make amounts available pursuant to this subsection through
contracts with nonprofit organizations, whose function is to
provide technical assistance in planning, developing, and
administering assistance to Village Corporations in fulfilling
the requirements of this subsection.''.
SEC. 5. OPEN SEASON FOR CERTAIN NATIVE ALASKA VETERANS FOR ALLOTMENTS.
(a) In General.--During the 1-year period beginning on the date of
enactment of this Act, an individual described in subsection (b) is
eligible for an allotment of not to exceed 160 acres under the Act of
May 17, 1906 (chapter 2469; 34 Stat. 197), as such Act was in effect
before December 18, 1971.
(b) Eligible Individuals.--
(1) In general.--An individual is eligible under subsection
(a) if the individual would have been eligible under the Act of
May 17, 1906 (chapter 2469; 34 Stat. 197), as such Act was in
effect before December 18, 1971, and the individual is a
veteran of the Korean conflict or the Vietnam era.
(2) Deceased persons.--In the case of an individual
described in paragraph (1) who is deceased, the heirs of the
individual shall be treated as the individual described in
paragraph (1).
(c) Conveyance Deadline.--The Secretary of the Interior shall
complete land conveyances pursuant to this section not later than 2
years after the date of enactment of this Act.
(d) Implementation.--The Secretary shall prescribe such rules as
are necessary to carry out this section.
(e) Definitions.--For the purposes of this section, the terms
``veteran'', ``Korean conflict'', and ``Vietnam era'' have the meaning
given such terms in paragraphs (2), (9), and (29), respectively, of
section 101 of title 38, United States Code.
SEC. 6. TRANSFER OF WRANGELL INSTITUTE.
(a) Property Return.--Cook Inlet Region, Incorporated, is
authorized to transfer to the United States the 10-acre site of the
Wrangell Institute in Wrangell, Alaska, and the structures contained
thereon. The Administrator of General Services shall accept title to
such property and the structures contained thereon, on behalf of the
United States.
(b) Restoration of Bidding Credits.--
(1) In general.--Subject to paragraphs (2), (3), and (4),
in exchange for the land and structures at the Wrangell
Institute transferred pursuant to subsection (a), the
Administrator of General Services shall restore bidding credits
to the Cook Inlet Region, Incorporated property account in the
Treasury established pursuant to section 12(b) of Public Law
94-204 (43 U.S.C. 1611 note), in an amount equal to the sum
of--
(A) $382,305, plus interest; and
(B) the cost of legal and other expenses incurred
as a result of the return of the property.
(2) Calculation of interest.--The interest credited to the
Cook Inlet Region, Incorporated property account pursuant to
paragraph (1) shall be compounded semiannually at the same
interest rate that was in effect for 5-year United States
Treasury bonds on November 2, 1987. The interest shall be
calculated for the period beginning on November 2, 1987, and
ending on the date that the land is conveyed to the United
States.
(3) Use of restored credits.--Bidding credits restored to
the Cook Inlet Region, Incorporated property account pursuant
to paragraph (1) shall be available solely for the acquisition
of General Services Administration properties.
(4) Hold harmless.--The United States shall defend and hold
harmless Cook Inlet Region, Incorporated, and its subsidiaries,
in any claim arising from Federal or Cook Inlet Region,
Incorporated, ownership of the land and structures, prior to
the return of such land and structures to the United States.
SEC. 7. LAPSED MINING CLAIMS.
Section 22(c)(2)(A) of the Alaska Native Claims Settlement Act (43
U.S.C. 1621(c)) is amended--
(1) in clause (i)--
(A) by striking ``outside the boundaries of a
conservation system unit (as such term is defined in
the Alaska National Interest Lands Conservation Act)
and''; and
(B) by striking ``The Secretary shall promptly
determine the validity of such claims or locations
within conservation system units.''; and
(2) in clause (ii), by striking ``outside a conservation
system unit'' each place such phrase appears. | Treats certain lands (Kageet Point) as acreage allotted to the Chugach Alaska Corporation for the purpose of making selections under the Alaska Native Claims Settlement Act.
Ratifies specified conveyances to the Caswell and Montana Creek Native Associations as full entitlements under such Act.
Amends the Act with respect to requirements, administration, and revenues of mining claims patented to a Regional Corporation.
Authorizes appropriations for technical assistance to Village Corporations to implement conveyances under the Act.
Provides a one-year land allotment period for certain Native Alaskan veterans of the Korean conflict or the Vietnam era.
Authorizes Cook Inlet Region, Incorporated, to transfer Wrangell Institute in Wrangell, Alaska, to the General Services Administration in exchange for the restoration of specified bidding credits to the corporation's property account.
Makes technical corrections to provisions concerning lapsed mining claims located with the boundaries of the Wrangell-St. Elias National Park and Preserve. | {"src": "billsum_train", "title": "A bill to amend the Alaska Native Claims Settlement Act, and for other purposes."} | 1,706 | 228 | 0.581724 | 1.965104 | 0.923031 | 3.209302 | 8.686047 | 0.872093 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Head Start and Early Childhood
Development Amendments of 1993''.
SEC. 2. HEAD START ACT.
(a) Definition.--Section 637 of the Head Start Act (42 U.S.C. 9832)
is amended by adding at the end the following new paragraphs:
``(12) The term `1993 fiscal year appropriation' means the
funds actually appropriated for fiscal year 1993 under section
639(a).
``(13) The term `age of compulsory school attendance' or
`compulsory school age' means the age (not to exceed the age of
6) that a child is eligible for enrollment in a public school
in a State.''.
(b) Allotment of Funds.--Section 640(a) of the Head Start Act (42
U.S.C. 9835) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (A), (B), (C),
and (D) as clauses (i), (ii), (iii), and (iv),
respectively;
(B) by striking ``(2) The'' and inserting ``(2)(A)
The''; and
(C) by inserting immediately after clause (iv) (as
so redesignated) the following new subparagraph:
``(B) For any fiscal year for which the amount appropriated under
section 639(a) exceeds the 1993 fiscal year appropriation, the
Secretary shall reserve the following:
``(i) Eight percent of the total amount in excess of such
appropriation for Head Start infants and toddler programs
described in section 642(d)(1).
``(ii) Eight percent of the total amount in excess of such
appropriation to carry out the Head Start Transition Project
Act (42 U.S.C. 9855 et seq.).
``(iii) Five percent of the total amount in excess of such
appropriation for Head Start program services for children and
their parents described in section 642(d)(2).
``(iv) Two percent of the total amount in excess of such
appropriation for the provision of scholarship assistance for
early childhood education training under section 596 of the
Higher Education Act of 1965 (20 U.S.C. 1117).
``(v) Two percent of the total amount in excess of such
appropriation for the provision of education awards to teachers
in Head Start programs or early childhood development programs
that are similar to Head Start programs.
``(vi) Two percent of the total amount in excess of such
appropriations for the provision of post-service benefits for
national service participants who are eligible for such
benefits under section 144A of the National and Community
Service Act of 1990.''; and
(2) by striking ``No funds reserved under this paragraph''
in the matter preceding paragraph (3) and inserting:
``(C) No funds reserved under paragraph (2)(A).''.
(c) Powers and Functions of Head Start Agencies.--Section 642 of
the Head Start Act (42 U.S.C. 9837) is amended by adding at the end the
following new subsection:
``(d) Subject to a review of a local community assessment plan (as
prescribed by regulation) of an agency that is eligible for designation
as a Head Start agency under section 641 by the Regional Office of the
Administration for Children and Families, such agency may in accordance
with Head Start performance standards developed for infants and
toddlers under section 651(b), provide--
``(1) infant and toddler Head Start program services to
children from birth to compulsory school age; or
``(2) a fully integrated program of services to children
from birth to compulsory school age and their parents that are
similar to the core services provided to children and their
families through the Parent-Child Centers under section
640(a)(4)(B) and the child development projects under section
670N(a) of the Comprehensive Child Development Act (42 U.S.C.
9881(a)).''.
(d) Educational Awards.--The Head Start Act (42 U.S.C. 983 et seq.)
is amended by adding at the end the following new section:
``SEC. 658. EDUCATIONAL AWARDS.
``(a) In General.--The Secretary of Education may provide
educational awards to individuals who are employed in the early
childhood development field to assist such individuals in the repayment
of outstanding student loans.
``(b) Amount.--The amount of an educational award under subsection
(a) shall not exceed $10,000 for a term of service completed under
subsection (f).
``(c) Limitation.--An individual shall only be awarded one
educational award under subsection (a).
``(d) Application.--An individual who desires to receive an
educational award shall submit to the Secretary an application at such
time, in such manner, and accompanied by such information, as the
Secretary may reasonably require.
``(e) Eligibility.--To be eligible to receive an educational award
under subsection (a), an individual shall--
``(1) have completed a term of service under subsection (f)
in an approved education position described in subsection (g);
``(2) currently serve in an approved education position
described in subsection (g); and
``(3) have--
``(A) an outstanding student loan from Federal or
non-Federal sources; or
``(B) enrolled in and completed, an early childhood
development program at an institution of higher
education.
``(f) Term of Service.--
``(1) In general.--The term of service for an approved
education position shall be not less than 2 years.
``(2) Commencement.--No term of service under paragraph (1)
shall begin prior to the date of enactment of this section.
``(g) Types of Educational Positions Eligible for Approval for
Education Awards.--The Secretary shall approve each of the following
positions as an approved educational position:
``(1) A full-time teacher position or other staff position
in a Head Start program.
``(2) A full-time teacher position or other staff position
in an early childhood development program that provides
services similar to Head Start programs.''.
(e) Review.--Not later than September 30, 1994, the Secretary of
Education, in consultation with the Secretary of Health and Human
Services and the Governor of each State, shall review the use of funds
under chapter 1 of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 2701 et seq.) to determine whether such funds
can be used to provide services to Head Start children in transition to
elementary school.
(f) Conforming Amendments.--
(1) Authorization of appropriations.--Section 639(c) of the
Head Start Act (42 U.S.C. 9834(c)) is repealed.
(2) Evaluation.--Section 651(g)(3) of the Head Start Act
(42 U.S.C. 9846(g)(3)) is amended by striking ``640(a)(2)'' and
inserting ``640(a)(2)(A)''.
SEC. 3. COMPREHENSIVE CHILD DEVELOPMENT ACT.
Section 670T(a) of the Comprehensive Child Development Act (42
U.S.C. 9887(a)) is amended by striking ``1993, and 1994'' and inserting
``and 1993, and $60,000,000 for each of fiscal years 1994 through
1997,''.
SEC. 4. NATIONAL AND COMMUNITY SERVICE ACT OF 1990.
Subtitle D of title I of the National and Community Service Act of
1990 (42 U.S.C. 12572 et seq.) is amended by inserting after section
144 the following new section:
``SEC. 144A. SUPPLEMENTAL POST-SERVICE BENEFITS FOR PARTICIPANTS
SERVING IN EARLY CHILDHOOD DEVELOPMENT PROGRAMS.
``(a) In General.--In addition to the provision of post-service
benefits under section 146, the Commission shall provide to each full-
time participant who has performed community service in an early
childhood development program and who meets the eligibility criteria
under subsection (b), a nontransferable post-service benefit that is
equal in value to $5,000 to use for the purpose described in subsection
(c).
``(b) Eligibility.--A participant may receive a post-service
benefit under subsection (a) if such participant--
``(1) has completed a full-time term of service in an early
childhood development program receiving assistance under this
subtitle;
``(2) has enrolled in and completed a graduate program in
early childhood development at an institution of higher
education; and
``(3) after completion of such graduate program, has served
in the early childhood development field for not less than 2
years.
``(c) Use of Post-Service Benefits.--A post-service benefit
provided under subsection (a) shall only be used for payment of a
student loan from Federal or non-Federal sources.''.
SEC. 5. STUDY OF PENSION PROGRAM FOR HEAD START EMPLOYEES.
The Secretary of Health and Human Services shall conduct a study
and prepare a report on the establishment of a pension program for Head
Start employees, including the feasibility of such employees'
participation in the Federal Employees Retirement System. Not later
than October 1, 1995, the Secretary shall submit to the Congress such
report with recommendations on options for extending retirement pension
coverage to Head Start employees. | Head Start and Early Childhood Development Amendments of 1993 - Amends the Head Start Act to reserve certain amounts, whenever the appropriation exceeds the FY 1993 appropriation, for specified activities.
Authorizes Head Start agencies, subject to certain conditions, to provide: (1) infant and toddler Head Start program services to children from birth to compulsory school age; or (2) a fully integrated program of services to children from birth to compulsory school age and their parents similar to core services provided through Parent-Child Centers and child development projects under the Comprehensive Child Development Act.
Authorizes the Secretary of Labor to provide educational awards of up to $10,000 to individuals employed in the early child development field to assist them in repaying outstanding student loans.
Directs the Secretary of Education to review the use of funds for disadvantaged students under the Elementary and Secondary Education Act of 1965 to determine whether such funds can be used to provide services to Head Start children in transition to elementary school.
Amends the Comprehensive Child Development Act to extend the authorization of appropriations through FY 1997.
Amends the National and Community Service Act of 1990 to direct the Commission on National and Community Service to provide supplemental post-service benefits for participants serving in early childhood development programs.
Directs the Secretary of Health and Human Services to study and report to the Congress on the establishment of a pension program for Head Start employees, including feasibility of their participation in the Federal Employees Retirement System. | {"src": "billsum_train", "title": "Head Start and Early Childhood Development Amendments of 1993"} | 2,166 | 298 | 0.577608 | 1.690881 | 0.726294 | 4.863799 | 6.820789 | 0.90681 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southwest Border Security Threat
Assessment Act of 2016''.
SEC. 2. SOUTHWEST BORDER THREAT ANALYSIS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a southwest border threat analysis that includes the following:
(1) An assessment of current and potential terrorism and
criminal threats posed by individuals and organized groups
seeking to--
(A) unlawfully enter the United States through the
southwest border; or
(B) exploit security vulnerabilities along the
southwest border.
(2) An assessment of improvements needed at and between
ports of entry along the southwest border to prevent terrorists
and instruments of terror from entering the United States.
(3) An assessment of gaps in law, policy, and coordination
between State, local, or tribal law enforcement, international
agreements, or tribal agreements that hinder effective and
efficient border security, counterterrorism, and anti-human
smuggling and trafficking efforts.
(4) An assessment of the flow of legitimate trade along the
southwest border.
(5) An assessment of the current percentage of situational
awareness achieved by the Department of Homeland Security along
the southwest border.
(6) An assessment of the current percentage of operational
control (as such term is defined in section 2 of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367))
achieved by the Department of Homeland Security of the
southwest.
(7) An assessment of impact of trusted traveler programs on
border wait times and border security.
(8) An assessment of traveler crossing times and any
potential security vulnerability associated with prolonged wait
times.
(b) Analysis Requirements.--For the southwest border threat
analysis required under subsection (a), the Secretary of Homeland
Security shall consider and examine the following:
(1) Technology needs and challenges, including such needs
and challenges identified as a result of previous investments
that have not fully realized the security and operational
benefits that were sought.
(2) Personnel needs and challenges, including such needs
and challenges associated with recruitment and hiring.
(3) Infrastructure needs and challenges.
(4) The roles and authorities of State, local, and tribal
law enforcement in general border security activities.
(5) The status of coordination among Federal, State, local,
tribal, and Mexican law enforcement entities relating to border
security.
(6) The terrain, population density, and climate along the
southwest border.
(7) International agreements between the United States and
Mexico related to border security.
(c) Classified Threat Analysis.--To the extent possible, the
Secretary of Homeland Security shall submit the southwest border threat
analysis required under subsection (a) in unclassified form. The
Secretary may submit a portion of such threat analysis in classified
form if the Secretary determines such is appropriate.
SEC. 3. BORDER PATROL STRATEGIC PLAN.
(a) In General.--Not later than 180 days after the submission of
the threat analysis required under section 2 but not later than June
30, 2017, and every five years thereafter, the Secretary of Homeland
Security, acting through the Chief of U.S. Border Patrol, shall, in
consultation with the Officer for Civil Rights and Civil Liberties of
the Department of Homeland Security, issue a Border Patrol Strategic
Plan.
(b) Contents.--The Border Patrol Strategic Plan required under
subsection (a) shall include, at a minimum, a consideration of the
following:
(1) The southwest border threat analysis required under
section 2, with an emphasis on efforts to mitigate threats
identified in such threat analysis.
(2) Efforts to analyze and disseminate border security and
border threat information between Department of Homeland
Security border security components and with other appropriate
Federal departments and agencies with missions associated with
the border.
(3) Efforts to increase situational awareness, including
the following:
(A) Surveillance capabilities, including
capabilities developed or utilized by the Department of
Defense, and any appropriate technology determined to
be excess by the Department of Defense.
(B) Use of manned aircraft and unmanned aerial
systems, including camera and sensor technology
deployed on such assets.
(4) Efforts to detect and prevent terrorists and
instruments of terrorism from entering the United States.
(5) Efforts to detect, interdict, and disrupt aliens and
illicit drugs at the earliest possible point.
(6) Efforts to focus intelligence collection to disrupt
transnational criminal organizations outside of the
international and maritime borders of the United States.
(7) Efforts to ensure that any new border security
technology can be operationally integrated with existing
technologies in use by the Department of Homeland Security.
(8) Technology required to maintain, support, and enhance
security and facilitate trade at ports of entry, including
nonintrusive detection equipment, radiation detection
equipment, biometric technology, surveillance systems, and
other sensors and technology that the Secretary of Homeland
Security determines necessary.
(9) Operational coordination unity of effort initiatives of
the border security components of the Department of Homeland
Security, including any relevant task forces of the Department.
(10) Lessons learned from Operation Jumpstart and Operation
Phalanx.
(11) Cooperative agreements and information sharing with
State, local, tribal, territorial, and other Federal law
enforcement agencies that have jurisdiction on the northern or
southern border.
(12) Border security information received from consultation
with State, local, tribal, territorial, and Federal law
enforcement agencies that have jurisdiction on the northern or
southern border, or in the maritime environment, and from
border community stakeholders (including through public
meetings with such stakeholders), including representatives
from border agricultural and ranching organizations and
representatives from business and civic organizations along the
northern or southern border.
(13) Staffing requirements for all departmental border
security functions.
(14) A prioritized list of departmental research and
development objectives to enhance the security of the southwest
border.
(15) An assessment of training programs, including training
programs regarding the following:
(A) Identifying and detecting fraudulent documents.
(B) Understanding the scope of enforcement
authorities and the use of force policies.
(C) Screening, identifying, and addressing
vulnerable populations, such as children and victims of
human trafficking.
(16) An assessment of how border security operations affect
crossing times.
SEC. 4. DEFINITIONS.
In this Act:
(1) Situational awareness.--The term ``situational
awareness'' means a knowledge and unified understanding of
unlawful cross-border activity, including threats and trends
concerning illicit trafficking and unlawful crossings (which
may be used to forecast future shifts in such threats and
trends), and the operational capability to conduct continuous
and integrated surveillance of the international borders of the
United States.
(2) Southwest border.--The term ``southwest border'' means
the land and maritime borders between the United States and
Mexico.
Passed the House of Representatives April 13, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Southwest Border Security Threat Assessment Act of 2016 (Sec. 2) This bill directs the Secretary of Homeland Security (DHS) to submit a southwest border threat analysis that includes an assessment of: terrorism and criminal threats posed by individuals and organized groups seeking to unlawfully enter the United States through the southwest border or seeking to exploit security vulnerabilities along such border; improvements needed at and between ports of entry to prevent terrorists and instruments of terror from entering the United States; gaps in law, policy, and coordination that hinder effective and efficient border security, counterterrorism, anti-human smuggling and trafficking efforts; the flow of legitimate trade along the southwest border; the current percentage of situational awareness and of operational control achieved by DHS along the southwest border; the impact of trusted traveler programs on border wait times and border security; and traveler crossing times and any potential security vulnerability associated with prolonged wait times. As part of such analysis, the Secretary shall consider and examine: technology, personnel, and infrastructure needs and challenges; the roles and authorities of law enforcement; the status of coordination among law enforcement entities; the terrain, population density, and climate along the southwest border; and international agreements between the United States and Mexico. (Sec. 3) The bill requires the Chief of the Border Patrol, within 180 days after submission of the threat analysis and every five years thereafter, to issue a Border Patrol Strategic Plan that includes consideration of: the southwest border threat analysis; efforts to analyze and disseminate border security and border threat information between DHS components and with other federal agencies with missions associated with the border; efforts to increase situational awareness, to detect and prevent terrorists and instruments of terrorism from entering the United States, and to detect, interdict, and disrupt aliens and illicit drugs at the earliest possible point upon entry into the United States; efforts to focus intelligence collection to disrupt transnational criminal organizations outside of U.S. borders; efforts to ensure that any new border security technology can be operationally integrated with existing DHS technologies; technology required to maintain, support, and enhance security and facilitate trade at ports of entry; operational coordination unity of effort initiatives of DHS border security components; lessons learned from Operation Jumpstart and Operation Phalanx; cooperative agreements and information sharing with agencies that have jurisdiction on the borders; border security information received from consultation with such agencies and from border community stakeholders; staffing requirements; a prioritized list of departmental research and development objectives; an assessment of training programs for detecting fraudulent documents, understanding the scope of enforcement authorities and the use of force policies, and screening, identifying, and addressing vulnerable populations; and an assessment of how border security operations affect crossing times. | {"src": "billsum_train", "title": "Southwest Border Security Threat Assessment Act of 2016"} | 1,485 | 566 | 0.745644 | 2.54114 | 0.82789 | 4.639556 | 2.761553 | 0.924214 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Foundation on Fitness,
Sports, and Nutrition Establishment Act''.
SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION.
(a) Establishment.--There is established the National Foundation on
Fitness, Sports, and Nutrition (hereinafter in this Act referred to as
the ``Foundation''). The Foundation is a charitable and nonprofit
corporation and is not an agency or establishment of the United States.
(b) Purposes.--The purposes of the Foundation are--
(1) in conjunction with the Office of the President's Council
on Fitness, Sports and Nutrition, to develop a list and description
of programs, events and other activities which would further the
purposes and functions outlined in Executive Order 13265, as
amended, and with respect to which combined private and
governmental efforts would be beneficial;
(2) to encourage and promote the participation by private
organizations in the activities referred to in subsection (b)(1)
and to encourage and promote private gifts of money and other
property to support those activities; and
(3) in consultation with such Office, to undertake and support
activities to further the purposes and functions of such Executive
Order.
(c) Prohibition on Federal Funding.--The Foundation may not accept
any Federal funds.
SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--The Foundation shall have a
governing Board of Directors (hereinafter referred to in this Act as
the ``Board''), which shall consist of 9 members each of whom shall be
a United States citizen and--
(1) 3 of whom should be knowledgeable or experienced in one or
more fields directly connected with physical fitness, sports,
nutrition, or the relationship between health status and physical
exercise; and
(2) 6 of whom should be leaders in the private sector with a
strong interest in physical fitness, sports, nutrition, or the
relationship between health status and physical exercise.
The membership of the Board, to the extent practicable, should
represent diverse professional specialties relating to the achievement
of physical fitness through regular participation in programs of
exercise, sports, and similar activities, or to nutrition. The
Assistant Secretary for Health, the Executive Director of the
President's Council on Fitness, Sports and Nutrition, the Director for
the National Center for Chronic Disease Prevention and Health
Promotion, the Director of the National Heart, Lung, and Blood
Institute, and the Director for the Centers for Disease Control and
Prevention shall be ex officio, nonvoting members of the Board.
Appointment to the Board or its staff shall not constitute employment
by, or the holding of an office of, the United States for the purposes
of laws relating to Federal employment.
(b) Appointments.--Within 90 days from the date of enactment of
this Act, the members of the Board shall be appointed by the Secretary
in accordance with this subsection. In selecting individuals for
appointments to the Board, the Secretary should consult with--
(1) the Speaker of the House of Representatives concerning the
appointment of one member;
(2) the Majority Leader of the House of Representatives
concerning the appointment of one member;
(3) the Majority Leader of the Senate concerning the
appointment of one member;
(4) the President Pro Tempore concerning the appointment of one
member;
(5) the Minority Leader of the House of Representatives
concerning the appointment of one member; and
(6) the Minority Leader of the Senate concerning the
appointment of one member.
(c) Terms.--The members of the Board shall serve for a term of 6
years, except that the original members of the Board shall be appointed
for staggered terms as determined appropriate by the Secretary. A
vacancy on the Board shall be filled within 60 days of the vacancy in
the same manner in which the original appointment was made and shall be
for the balance of the term of the individual who was replaced. No
individual may serve more than 2 consecutive terms as a member.
(d) Chairman.--The Chairman shall be elected by the Board from its
members for a 2-year term and shall not be limited in terms or service,
other than as provided in subsection (c).
(e) Quorum.--A majority of the current membership of the Board
shall constitute a quorum for the transaction of business.
(f) Meetings.--The Board shall meet at the call of the Chairman at
least once a year. If a member misses 3 consecutive regularly scheduled
meetings, that member may be removed from the Board and the vacancy
filled in accordance with subsection (c).
(g) Reimbursement of Expenses.--Members of the Board shall serve
without pay, but may be reimbursed for the actual and necessary
traveling and subsistence expenses incurred by them in the performance
of the duties of the Foundation, subject to the same limitations on
reimbursement that are imposed upon employees of Federal agencies.
(h) Limitations.--The following limitations apply with respect to
the appointment of employees of the Foundation:
(1) Employees may not be appointed until the Foundation has
sufficient funds to pay them for their service. No individual so
appointed may receive a salary in excess of the annual rate of
basic pay in effect for Executive Level V in the Federal service. A
member of the Board may not receive compensation for serving as an
employee of the Foundation.
(2) The first employee appointed by the Board shall be the
Secretary of the Board who shall serve, at the direction of the
Board, as its chief operating officer and shall be knowledgeable
and experienced in matters relating to physical fitness, sports,
and nutrition.
(3) No Public Health Service employee nor the spouse or
dependent relative of such an employee may serve as a member of the
Board of Directors or as an employee of the Foundation.
(4) Any individual who is an employee or member of the Board of
the Foundation may not (in accordance with the policies developed
under subsection (i)) personally or substantially participate in
the consideration or determination by the Foundation of any matter
that would directly or predictably affect any financial interest
of--
(A) the individual or a relative (as such term is defined
in section 109(16) of the Ethics in Government Act, 1978) of
the individual; or
(B) any business organization, or other entity, of which
the individual is an officer or employee, is negotiating for
employment, or in which the individual has any other financial
interest.
(i) General Powers.--The Board may complete the organization of the
Foundation by--
(1) appointing employees;
(2) adopting a constitution and bylaws consistent with the
purposes of the Foundation and the provision of this Act; and
(3) undertaking such other acts as may be necessary to carry
out the provisions of this Act.
In establishing bylaws under this subsection, the Board shall provide
for policies with regard to financial conflicts of interest and ethical
standards for the acceptance, solicitation and disposition of donations
and grants to the Foundation.
SEC. 4. POWERS AND DUTIES OF THE FOUNDATION.
(a) In General.--The Foundation--
(1) shall have perpetual succession;
(2) may conduct business throughout the several States,
territories, and possessions of the United States;
(3) shall have its principal offices in or near the District of
Columbia; and
(4) shall at all times maintain a designated agent authorized
to accept service of process for the Foundation.
The serving of notice to, or service of process upon, the agent
required under paragraph (4), or mailed to the business address of such
agent, shall be deemed as service upon or notice to the Foundation.
(b) Seal.--The Foundation shall have an official seal selected by
the Board which may be used as provided for in section 5.
(c) Incorporation; Nonprofit Status.--To carry out the purposes of
the Foundation under section 2, the Board shall--
(1) incorporate the Foundation in the District of Columbia; and
(2) establish such policies and bylaws as may be necessary to
ensure that the Foundation maintains status as an organization that
is described in section 501(c)(3) of the Internal Revenue Code of
1986.
(d) Powers.--Subject to the specific provisions of section 2, the
Foundation, in consultation with the Office of the President's Council
on Fitness, Sports, and Nutrition, shall have the power, directly or by
the awarding of contracts or grants, to carry out or support activities
for the purposes described in such section.
(e) Treatment of Property.--For purposes of this Act, an interest
in real property shall be treated as including easements or other
rights for preservation, conservation, protection, or enhancement by
and for the public of natural, scenic, historic, scientific,
educational inspirational or recreational resources. A gift, devise, or
bequest may be accepted by the Foundation even though it is encumbered,
restricted, or subject to beneficial interests of private persons if
any current or future interest therein is for the benefit of the
Foundation.
SEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES.
(a) Trademarks of the Foundation.--Authorization for a contributor,
or a supplier of goods or services, to use, in advertising regarding
the contribution, goods, or services, the trade name of the Foundation,
or any trademark, seal, symbol, insignia, or emblem of the Foundation
may be provided only by the Foundation with the concurrence of the
Secretary or the Secretary's designee.
(b) Trademarks of the Council.--Authorization for a contributor or
supplier described in subsection (a) to use, in such advertising, the
trade name of the President's Council on Fitness, Sports, and
Nutrition, or any trademark, seal, symbol, insignia, or emblem of such
Council, may be provided--
(1) by the Secretary or the Secretary's designee; or
(2) by the Foundation with the concurrence of the Secretary or
the Secretary's designee.
SEC. 6. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL
FOR EQUITABLE RELIEF.
(a) Audits.--For purposes of the Act entitled ``An Act for audit of
accounts of private corporations established under Federal law'',
approved August 30, 1964 (Public Law 88-504, 36 U.S.C. 1101-1103), the
Foundation shall be treated as a private corporation under Federal law.
The Inspector General of the Department of Health and Human Services
and the Comptroller General of the United States shall have access to
the financial and other records of the Foundation, upon reasonable
notice.
(b) Report.--The Foundation shall, not later than 60 days after the
end of each fiscal year, transmit to the Secretary and to Congress a
report of its proceedings and activities during such year, including a
full and complete statement of its receipts, expenditures, and
investments.
(c) Relief With Respect to Certain Foundation Acts or Failure To
Act.--If the Foundation--
(1) engages in, or threatens to engage in, any act, practice or
policy that is inconsistent with its purposes set forth in section
2(b); or
(2) refuses, fails, or neglects to discharge its obligations
under this Act, or threaten to do so;
the Attorney General of the United States may petition in the United
States District Court for the District of Columbia for such equitable
relief as may be necessary or appropriate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Foundation on Fitness, Sports, and Nutrition Establishment Act - Establishes the National Foundation on Fitness, Sports, and Nutrition as a charitable, nonprofit corporation: (1) to develop, in conjunction with the Office of the President's Council on Fitness, Sports and Nutrition, a list and description of activities which would further the purposes and functions outlined in Executive Order 13265 (established the President's Council on Physical Fitness and Sports) and with respect to which combined private and governmental efforts would be beneficial; (2) to promote private organization participation in, and private gifts to support, those activities; and (3) in consultation with such Office, to undertake and support activities to further the purposes and functions of such Executive Order.
Prohibits the Foundation from accepting any federal funds. | {"src": "billsum_train", "title": "A bill to establish a National Foundation on Physical Fitness and Sports to carry out activities to support and supplement the mission of the President's Council on Physical Fitness and Sports."} | 2,463 | 161 | 0.725029 | 2.077901 | 0.873663 | 5.605263 | 15.572368 | 0.973684 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthen Social Work Training Act
of 2003''.
SEC. 2. SOCIAL WORK STUDENTS.
(a) Health Professions School.--Section 736(g)(1)(A) of the Public
Health Service Act (42 U.S.C. 293(g)(1)(A)) is amended by striking
``graduate program in behavioral or mental health'' and inserting
``graduate program in behavioral or mental health including a school
offering graduate programs in clinical social work, or programs in
social work''.
(b) Scholarships, Generally.--Section 737(d)(1)(A) of the Public
Health Service Act (42 U.S.C. 293a(d)(1)(A)) is amended by striking
``mental health practice'' and inserting ``mental health practice
including graduate programs in clinical psychology, graduate programs
in clinical social work, or programs in social work''.
(c) Faculty Positions.--Section 738(a)(3) of the Public Health
Service Act (42 U.S.C. 293b(a)(3)) is amended by striking ``offering
graduate programs in behavioral and mental health'' and inserting
``offering graduate programs in behavioral and mental health including
graduate programs in clinical psychology, graduate programs in clinical
social work, or programs in social work''.
SEC. 3. GERIATRICS TRAINING PROJECTS.
Section 753(b)(1) of the Public Health Service Act (42 U.S.C.
294c(b)(1)) is amended by inserting ``schools offering degrees in
social work,'' after ``teaching hospitals,''.
SEC. 4. SOCIAL WORK TRAINING PROGRAM.
Subpart 2 of part E of title VII of the Public Health Service Act
(42 U.S.C. 295 et seq.) is amended--
(1) by redesignating section 770 as section 770A;
(2) by inserting after section 769, the following:
``SEC. 770. SOCIAL WORK TRAINING PROGRAM.
``(a) Training Generally.--The Secretary may make grants to, or
enter into contracts with, any public or nonprofit private hospital,
school offering programs in social work, or to or with a public or
private nonprofit entity (which the Secretary has determined is capable
of carrying out such grant or contract)--
``(1) to plan, develop, and operate, or participate in, an
approved social work training program (including an approved
residency or internship program) for students, interns,
residents, or practicing physicians;
``(2) to provide financial assistance (in the form of
traineeships and fellowships) to students, interns, residents,
practicing physicians, or other individuals, who are in need
thereof, who are participants in any such program, and who plan
to specialize or work in the practice of social work;
``(3) to plan, develop, and operate a program for the
training of individuals who plan to teach in social work
training programs; and
``(4) to provide financial assistance (in the form of
traineeships and fellowships) to individuals who are
participants in any such program and who plan to teach in a
social work training program.
``(b) Academic Administrative Units.--
``(1) In general.--The Secretary may make grants to or
enter into contracts with schools offering programs in social
work to meet the costs of projects to establish, maintain, or
improve academic administrative units (which may be
departments, divisions, or other units) to provide clinical
instruction in social work.
``(2) Preference in making awards.--In making awards of
grants and contracts under paragraph (1), the Secretary shall
give preference to any qualified applicant for such an award
that agrees to expend the award for the purpose of--
``(A) establishing an academic administrative unit
for programs in social work; or
``(B) substantially expanding the programs of such
a unit.
``(c) Duration of Award.--The period during which payments are made
to an entity from an award of a grant or contract under subsection (a)
may not exceed 5 years. The provision of such payments shall be subject
to annual approval by the Secretary of the payments and subject to the
availability of appropriations for the fiscal year involved to make the
payments.
``(d) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there is authorized to be
appropriated $10,000,000 for each of the fiscal years 2004
through 2006.
``(2) Allocation.--Of the amounts appropriated under
paragraph (1) for a fiscal year, the Secretary shall make
available not less than 20 percent for awards of grants and
contracts under subsection (b).''; and
(3) in section 770A (as so redesignated) by inserting
``other than section 770,'' after ``carrying out this
subpart,''.
SEC. 5. CLINICAL SOCIAL WORKER SERVICES.
Section 1302 of the Public Health Service Act (42 U.S.C. 300e-1) is
amended--
(1) in paragraphs (1) and (2), by inserting ``clinical
social worker,'' after ``psychologist,'' each place it appears;
(2) in paragraph (4)(A), by striking ``and psychologists''
and inserting ``psychologists, and clinical social workers'';
and
(3) in paragraph (5), by inserting ``clinical social
work,'' after ``psychology,''. | Strengthen Social Work Training Act of 2003 - Amends the Public Health Service Act to make disadvantaged students enrolled in social work programs eligible for scholarships. Makes schools offering social work programs eligible for assistance for certain disadvantaged faculty programs, programs to support excellence in health profession education for minorities, and programs to support geriatric training projects.Authorizes grants to, or contracts with, hospitals, schools offering programs in social work, or other entities for the development of social work training programs and financial assistance to participants and teachers of such programs.Authorizes grants to, or contracts with, schools offering programs in social work to meet the costs of projects to establish or maintain administrative units to provide clinical instruction in social work.Authorizes and allocates appropriations.Adds "clinical social worker" to specified profession definitions under health maintenance organization provisions. | {"src": "billsum_train", "title": "A bill to amend title VII of the Public Health Service Act to ensure that social work students or social work schools are eligible for support under the certain programs to assist individuals in pursing health careers and programs of grants for training projects in geriatrics, and to establish a social work training program."} | 1,242 | 183 | 0.569096 | 1.510871 | 0.733041 | 2.509677 | 7.058065 | 0.793548 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficient Government
Technology Act''.
SEC. 2. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION AND
COMMUNICATIONS TECHNOLOGIES.
Section 543 of the National Energy Conservation Policy Act (42
U.S.C. 8253) is amended--
(1) by redesignating the second subsection (f) (relating to
large capital energy investments) as subsection (g); and
(2) by adding at the end the following:
``(h) Federal Implementation Strategy for Energy-Efficient and
Energy-Saving Information and Communications Technologies.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, each Federal agency shall
collaborate with the Director of the Office of Management and
Budget (referred to in this subsection as the `Director') to
develop an implementation strategy (including best-practices
and measurement and verification techniques) for the
maintenance, purchase, and use by the Federal agency of energy-
efficient and energy-saving information and communications
technologies and practices.
``(2) Content.--Each implementation strategy shall be
flexible, cost-effective, and based on the specific operating
requirements and statutory mission of the agency.
``(3) Administration.--In developing an implementation
strategy, each Federal agency shall--
``(A) consider information and communications
technologies (referred to in this subsection as `ICT')
and related infrastructure and practices, such as--
``(i) advanced metering infrastructure;
``(ii) ICT services and products;
``(iii) efficient data center strategies
and methods of increasing ICT asset and related
infrastructure utilization;
``(iv) ICT and related infrastructure power
management;
``(v) building information modeling,
including building energy management; and
``(vi) secure telework and travel
substitution tools; and
``(B) ensure that the agency realizes the savings
and rewards brought about through increased efficiency
and utilization.
``(4) Performance goals.--
``(A) In general.--Not later than 180 days after
the date of enactment of this subsection, the Director,
in consultation with the Secretary, shall establish
performance goals for evaluating the efforts of Federal
agencies in improving the maintenance, purchase, and
use of energy-efficient and energy-saving information
and communications technology systems and practices.
``(B) Energy efficient data centers.--The Director
shall include within the performance goals established
under this paragraph--
``(i) specifications and benchmarks that
will enable Federal data center operators to
make more informed decisions about the energy
efficiency and cost savings of data centers,
including an overall Federal target for
increased energy efficiency, with initial
reliance on the Power Usage Effectiveness
metric;
``(ii) overall asset utilization; and
``(iii) recommendations and best practices
for how the benchmarks will be attained, with
the recommendations to include a requirement
for agencies to evaluate the use of energy
savings performance contracting and utility
energy services contracting as preferred
acquisition methods.
``(C) Administration.--The performance goals
established under this paragraph shall--
``(i) measure information technology costs
over a specific time period of 3 to 5 years;
``(ii) measure cost savings attained via
the use of energy-efficient and energy-saving
information and communications solutions during
the same time period; and
``(iii) provide, to the maximum extent
practicable, a complete picture of all costs
and savings, including energy costs and
savings.
``(5) Federal data centers task force.--
``(A) In general.--The Director shall maintain a
Governmentwide Data Center Task Force comprised of
Federal data center program managers, facilities
managers, and sustainability officers.
``(B) Duties.--The members of the task force
shall--
``(i) be responsible for working together
to share progress toward individual agency
goals and the overall Federal target for
increased energy efficiency; and
``(ii) regularly exchange best practices
and other strategic information related to
energy efficiency with the private sector.
``(6) Reports.--
``(A) Agency reports.--Each Federal agency subject
to the requirements of this subsection shall include in
the report of the agency under section 527 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17143) a description of the efforts and results of the
agency under this subsection.
``(B) OMB government efficiency reports and
scorecards.--Effective beginning not later than October
1, 2013, the Director shall include in the annual
report and scorecard of the Director required under
section 528 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17144) a description of the efforts
and results of Federal agencies under this
subsection.''.
SEC. 3. ENERGY EFFICIENT DATA CENTERS.
Section 453 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17112) is amended--
(1) in subsection (c), by striking paragraph (1) and
inserting the following:
``(1) In general.--Not later than 30 days after the date of
enactment of the Energy Efficient Government Technology Act,
the Secretary and the Administrator shall--
``(A) designate an established information
technology industry organization to coordinate the
program described in subsection (b); and
``(B) make the designation public, including on an
appropriate website.'';
(2) by striking subsections (e) and (f) and inserting the
following:
``(e) Study.--The Secretary, with assistance from the
Administrator, shall--
``(1) not later than December 31, 2013, make available to
the public an update to the Report to Congress on Server and
Data Center Energy Efficiency published on August 2, 2007,
under section 1 of Public Law 109-431 (120 Stat. 2920), that
provides--
``(A) a comparison and gap analysis of the
estimates and projections contained in the original
report with new data regarding the period from 2007
through 2012;
``(B) an analysis considering the impact of
information and communications technologies asset and
related infrastructure utilization solutions, to
include virtualization and cloud computing-based
solutions, in the public and private sectors; and
``(C) updated projections and recommendations for
best practices; and
``(2) collaborate with the organization designated under
subsection (c) in preparing the report.
``(f) Data Center Energy Practitioner Program.--
``(1) In general.--The Secretary, in collaboration with the
organization designated under subsection (c) and the Federal
Chief Information Officer, shall maintain a data center energy
practitioner program that leads to the certification of energy
practitioners qualified to evaluate the energy usage and
efficiency opportunities in data centers.
``(2) Evaluations.--Each Federal agency shall have the data
centers of the agency evaluated every 4 years by energy
practitioners certified pursuant to the program, whenever
practicable using certified practitioners employed by the
agency.'';
(3) by redesignating subsection (g) as subsection (j); and
(4) by inserting after subsection (f) the following:
``(g) Open Data Initiative.--
``(1) In general.--The Secretary, in collaboration with the
organization designated under subsection (c) and the Federal
Chief Information Officer, shall establish an open data
initiative for Federal data center energy usage data, with the
purpose of making the data available and accessible in a manner
that empowers further data center innovation while protecting
United States national security interests.
``(2) Administration.--In establishing the initiative, the
Secretary shall consider use of the online Data Center Maturity
Model.
``(h) International Specifications and Metrics.--The Secretary, in
collaboration with the organization designated under subsection (c),
shall actively participate in efforts to harmonize global
specifications and metrics for data center energy efficiency.
``(i) ICT Asset Utilization Metric.--The Secretary, in
collaboration with the organization designated under subsection (c),
shall assist in the development of an efficiency metric that measures
the energy efficiency of the overall data center, including information
and communications technology systems and related infrastructure.''. | Energy Efficient Government Technology Act - Amends the National Energy Conservation Policy Act, with respect to federal agency energy management, to require each agency to collaborate with the Director of the Office of the Management and Budget (OMB) to develop an implementation strategy for the maintenance, purchase, and use of energy-efficient and energy-saving information and communications technologies (ICT) and practices that is based on the agency's operating requirements and statutory mission. Includes as part of such a strategy consideration of ICT and related infrastructure and practices. Requires the OMB Director to: (1) establish performance goals for evaluating the efforts of agencies in improving such technology systems and practices; and (2) maintain a data centers task force responsible for sharing progress toward individual agency goals and the overall target for increased energy efficiency, including through exchanges of best practices and energy efficiency information with the private sector. Sets forth reporting requirements. Amends the Energy Independence and Security Act of 2007, with respect to data center energy efficiency, to require: publication of the designation of the information technology industry organization that coordinates the voluntary national information program for such centers; updating and publication of a report on server and data center efficiency, including an analysis of the impact of ICT asset and related infrastructure utilization solutions; maintenance of a data center energy practitioner program that leads to the certification of practitioners qualified to evaluate energy usage and efficiency opportunities; evaluation of agency data centers every four years by such certified energy practitioners employed by the agency; establishment of an open data initiative for federal data center usage data; consideration of the online Data Center Maturity Model in establishing the initiative; active participation by the Secretary of Energy (DOE) in efforts to harmonize global specifications and metrics for data center energy efficiency; and assistance by the Secretary in the development of an efficiency metric that measures the energy efficiency of the overall data center. | {"src": "billsum_train", "title": "Energy Efficient Government Technology Act"} | 1,779 | 388 | 0.673749 | 2.030984 | 0.853305 | 3.454294 | 4.761773 | 0.916898 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Paid Parental
Leave Act of 2008''.
SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5.
(a) Amendment to Title 5.--Subsection (d) of section 6382 of title
5, United States Code, is amended--
(1) by redesignating such subsection as subsection (d)(1);
(2) by striking ``subparagraphs (A), (B), (C), and'' and
inserting ``subparagraphs (C) and''; and
(3) by adding at the end the following:
``(2) An employee may elect to substitute for any leave without pay
under subparagraph (A) or (B) of subsection (a)(1) any paid leave which
is available to such employee for that purpose.
``(3) The paid leave that is available to an employee for purposes
of paragraph (2) is--
``(A) 8 administrative workweeks of paid parental leave
under this subparagraph in connection with the birth or
placement involved; and
``(B) any annual or sick leave accrued or accumulated by
such employee under subchapter I.
``(4) Nothing in this subchapter shall be considered to require--
``(A) that an employing agency provide paid sick leave in
any situation in which such employing agency would not normally
be required to provide such leave; or
``(B) that an employee first use all or any portion of the
leave described in subparagraph (B) of paragraph (3) before
being allowed to use the paid parental leave described in
subparagraph (A) of such subparagraph.
``(5) Paid parental leave under paragraph (3)(A)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing agency;
``(B) shall not be considered to be annual or vacation
leave for purposes of section 5551 or 5552 or for any other
purpose; and
``(C) if not used by the employee before the end of the 12-
month period (as referred to in subsection (a)(1)) to which it
relates, shall not accumulate for any subsequent use.
``(6) The Director of the Office shall prescribe any regulations
necessary to carry out this subsection, including, subject to paragraph
(4)(B), the manner in which an employee may designate any day or other
period as to which such employee wishes to use paid parental leave
described in paragraph (3)(A).''.
(b) Effective Date.--The amendments made by this section shall not
be effective with respect to any birth or placement occurring before
the end of the 6-month period beginning on the date of the enactment of
this Act.
SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.
(a) Amendment to Congressional Accountability Act.--Section 202 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is
amended--
(1) in subsection (a)(1), by adding at the end the
following: ``In applying section 102(a)(1)(A) and (B) to
covered employees, subsection (d) shall apply.'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Special Rule for Paid Parental Leave for Congressional
Employees.--
``(1) Substitution of paid leave.--A covered employee
taking leave without pay under subparagraphs (A) or (B) of
section 102(a)(1) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612(a)(1)) may elect to substitute for any such
leave any paid leave which is available to such employee for
that purpose.
``(2) Amount of paid leave.--The paid leave that is
available to a covered employee for purposes of paragraph (1)
is--
``(A) 8 workweeks of paid parental leave under this
subparagraph in connection with the birth or placement
involved; and
``(B) any additional paid vacation or sick leave
provided by the employing office to such employee.
``(3) Limitation.--Nothing in this section shall be
considered to require--
``(A) that an employing office provide paid sick
leave in any situation in which such employing office
would not normally be required to provide such leave;
or
``(B) that a covered employee first use all or any
portion of the leave described in subparagraph (B) of
paragraph (2) before being allowed to use paid parental
leave described in subparagraph (A) of such paragraph.
``(4) Additional rules.--Paid parental leave under
paragraph (2)(A)--
``(A) shall be payable from any appropriation or
fund available for salaries or expenses for positions
within the employing office; and
``(B) if not used by the covered employee before
the end of the 12-month period (as referred to in
section 102(a)(1) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2612(a)(1))) to which it relates,
shall not accumulate for any subsequent use.''.
(b) Effective Date.--The amendments made by this section shall not
be effective with respect to any birth or placement occurring before
the end of the 6-month period beginning on the date of the enactment of
this Act.
SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO
AND LIBRARY OF CONGRESS EMPLOYEES.
Section 102(d) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(d)) is amended by adding at the end the following:
``(3) Special rule for gao and library of congress
employees.--
``(A) Substitution of paid leave.--An employee of
an employer described in section 101(4)(A)(iv) taking
leave under subparagraphs (A) or (B) of subsection
(a)(1) may elect to substitute for any such leave any
paid leave which is available to such employee for that
purpose.
``(B) Amount of paid leave.--The paid leave that is
available to an employee of an employer described in
section 101(4)(A)(iv) for purposes of paragraph (1)
is--
``(i) 8 workweeks of paid parental leave
under this clause in connection with the birth
or placement involved; and
``(ii) any additional paid vacation or sick
leave provided by such employer.
``(C) Limitation.--Nothing in this paragraph shall
be considered to require--
``(i) that an employer described in section
101(4)(A)(iv) provide paid sick leave in any
situation in which such employer would not
normally be required to provide such leave; or
``(ii) that an employee of such an employer
first use all or any portion of the leave
described in clause (ii) of subparagraph (B)
before being allowed to use paid parental leave
described in clause (i) of such subparagraph.
``(D) Additional rules.--Paid parental leave under
subparagraph (B)(i)--
``(i) shall be payable from any
appropriation or fund available for salaries or
expenses for positions with employers described
in section 101(4)(A)(iv); and
``(ii) if not used by the employee of such
employers before the end of the 12-month period
(as referred to in subsection (a)(1)) to which
it relates, shall not accumulate for any
subsequent use.''.
SEC. 5. STUDY.
(a) In General.--Not later than 12 months after the date of the
enactment of this Act, the Government Accountability Office shall study
and submit to Congress a written report on the feasibility and
desirability of providing an insurance benefit to Federal employees
which affords partial or total wage replacement with respect to periods
of qualified leave.
(b) Period of Qualified Leave.--For purposes of this section, the
term ``period of qualified leave'', as used with respect to a Federal
employee, means any period of leave under section 6382 of title 5,
United States Code, which would otherwise be leave without pay, and
which is available by reason of--
(1) the need to care for the spouse or a son, daughter, or
parent of the employee having a serious health condition; or
(2) a serious health condition affecting the employee that
renders such employee unable to perform the functions of the
employee's position.
(c) Matters for Inclusion.--The report shall include, at a minimum,
the following:
(1) A brief description of any plans or arrangements under
which similar benefits are currently provided to employees in
this country (within the private sector or State or local
government) or in other countries.
(2) With respect to any plans or arrangements under which
such benefits are currently provided to private or public
sector employees in this country--
(A) the portion or percentage of wages typically
replaced;
(B) how those benefits are generally funded,
including in terms of the employer and employee shares;
(C) whether employee coverage is optional or
automatic; and
(D) any waiting period or other conditions which
may apply.
(3) Identification and assessment of any plans or
arrangements described under the preceding provisions of this
subsection (or any aspects thereof) which might be particularly
relevant to designing the insurance benefit (described in
subsection (a)) for Federal employees, including how such
benefit might be coordinated with annual leave, sick leave, or
any other paid leave available to an employee for the purpose
involved. | Federal Employees Paid Parental Leave Act of 2008 - Allows federal employees to substitute any available paid leave for any leave without pay available for either the: (1) birth of a child; or (2) placement of a child with the employee for either adoption or foster care. Makes available for any of the 12 weeks of leave an employee is entitled to for such purposes: (1) eight administrative weeks of paid parental leave in connection with the birth or placement involved; and (2) any accumulated annual or sick leave.
Amends the Congressional Accountability Act of 1995 to allow the same substitution for covered congressional employees.
Amends the Family and Medical Leave Act of 1993 to allow the same substitution for Government Accountability Office (GAO) and Library of Congress employees.
Requires GAO to study and report on the feasibility and desirability of providing an insurance benefit to federal employees which affords partial or total wage replacement with respect to periods of qualified leave. Defines "qualified leave" as leave that: (1) is available by reason of the need to care for the spouse, child, or parent of the employee having a serious health condition or by reason of a serious health condition affecting the employee that renders such employee unable to perform the functions of his or her position; and (2) would otherwise be leave without pay. | {"src": "billsum_train", "title": "To provide that 8 of the 12 weeks of parental leave made available to a Federal employee shall be paid leave, and for other purposes."} | 2,139 | 276 | 0.557934 | 1.611794 | 0.780566 | 3.996124 | 7.693798 | 0.903101 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restricting Indian Gaming to
Homelands of Tribes Act of 2006''.
SEC. 2. RESTRICTION ON OFF-RESERVATION GAMING.
Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) is
amended--
(1) by amending subsection (b)(1) to read as follows:
``(b)(1) Subsection (a) will not apply when lands are taken in
trust for the benefit of an Indian tribe that is newly recognized,
restored, or landless after the date of the enactment of subsection
(f), including those newly recognized under the Federal Acknowledgment
Process at the Bureau of Indian Affairs, and the following criteria are
met:
``(A) The Secretary determines that such lands are within
the State of such tribe and are within the primary geographic,
social, historical, and temporal nexus of the Indian tribe.
``(B) The Secretary determines that the proposed gaming
activity would not be detrimental to the surrounding community
and nearby Indian tribes.
``(C) Concurrence by the Governor in conformance with laws
of that State.
``(D) Mitigation by the Indian tribe in accordance with
this subparagraph. For the purposes of the Indian tribe
mitigating the direct impact on the county or parish
infrastructure and services, the Indian tribe shall negotiate
and sign, to the extent practicable during the compact
negotiations described in section 11(d)(3), a memorandum of
understanding with the county or parish government. Such
mitigation requirements shall be limited to the direct effects
of the tribal gaming activities on the affected county or
parish infrastructure and services. If a memorandum of
understanding is not signed within one year after the Indian
tribe or county or parish has notified the other party and the
Secretary, by certified mail, a request to initiate
negotiations, then the Secretary shall appoint an arbitrator
who shall establish mitigation requirements of the Indian
tribe.''; and
(2) by adding at the end the following new subsections:
``(e)(1) In order to consolidate class II gaming and class III
gaming development, an Indian tribe may host one or more other Indian
tribes to participate in or benefit from gaming conducted under this
Act and in conformance with a Tribal-State compact entered into by each
invited Indian tribe and the State under this Act upon any portion of
Indian land that was, as of October 17, 1988, located within the
boundaries of the reservation of the host Indian tribe, so long as each
invited Indian tribe has no ownership interest in any other gaming
facility on any other Indian lands and has its primary geographic,
social, historical, and temporal nexus to land in the State in which
the Indian land of the host Indian tribe is located.
``(2) An Indian tribe invited to conduct class II gaming or class
III gaming under paragraph (1) may do so under authority of a lease
with the host Indian tribe. Such a lease shall be lawful without the
review or approval of the Secretary and shall be deemed by the
Secretary to be sufficient evidence of the existence of Indian land of
the invited Indian tribe for purposes of Secretarial approval of a
Tribal-State compact under this Act.
``(3) Notwithstanding any other provision of law, the Indian tribes
identified in paragraph (1) may establish the terms and conditions of
their lease and other agreements between them in their sole discretion,
except that in no case may the total payments to the host Indian tribe
under the lease and other agreements exceed 40 percent of the net
revenues (defined for such purposes as the revenue available to the 2
Indian tribes after deduction of costs of operating and financing the
gaming facility developed on the leased land and of fees due to be paid
under the Tribal-State compact) of the gaming activity conducted by the
invited Indian tribe.
``(4) An invited Indian tribe under this subsection shall be deemed
by the Secretary and the Commission to have the sole proprietary
interest and responsibility for the conduct of any gaming on lands
leased from a host Indian tribe.
``(5) Conduct of gaming by an invited Indian tribe on lands leased
from a host Indian tribe under this subsection shall be deemed by the
Secretary and the Commission to be conducted under the Act upon Indian
lands--
``(A) of the invited Indian tribe;
``(B) within the jurisdiction of the invited Indian tribe;
and
``(C) over which the invited Indian tribe has and exercises
governmental power.
``(6) Notwithstanding the foregoing, the gaming arrangement
authorized by this subsection shall not be conducted on any Indian
lands within the State of Arizona.
``(7) Any gaming authorized by this subsection shall not be
conducted unless it is--
``(A) consistent with the Tribal-State compacting laws of
the State in which the gaming activities will be conducted;
``(B) specifically identified as expressly authorized in a
tribal-State compact of the invited Indian tribe approved by an
Act of the legislature of the State in which the gaming will be
conducted; and
``(C) specifically identified as expressly authorized in a
tribal-State compact of the invited Indian tribe approved by
the Governor of the State in which the gaming will be
conducted.
``(8) Host tribe compacts shall not be affected by the amendments
made by this subsection.
``(f) An Indian tribe shall not conduct gaming regulated by this
Act on Indian lands outside of the State in which the Indian tribe is
primarily residing and exercising tribal government authority on the
date of the enactment of this subsection, unless such Indian lands are
contiguous to the lands in the State where the tribe is primarily
residing and exercising tribal government authority.''.
SEC. 3. STATUTORY CONSTRUCTION.
(a) In General.--The amendment made by paragraph (1) of section 2
shall be applied prospectively. Compacts or other agreements that
govern gaming regulated by the Indian Gaming Regulatory Act (25 U.S.C.
2701 et seq.) on Indian lands that were in effect on the date of the
enactment of this Act shall not be affected by the amendments made by
paragraph (1) of section 2.
(b) Exception.--The amendments made by section 2 shall not apply to
any lands for which an Indian tribe, prior to March 7, 2006, has
submitted to the Secretary or Chairman a fee-to-trust application or
written request requiring an eligibility determination pursuant to
section 20(b)(1)(A) or clause (ii) or (iii) of section 20(b)(1)(B) of
the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(A),
2719(b)(1)(B)(ii), and 2719(b)(1)(B)(iii), respectively); provided that
such lands are located within--
(1) the State where the Indian tribe primarily resides; and
(2) an area where the Indian Tribe has a primary
geographical, historical, and temporal nexus.
(c) Further Exception.--The amendments made by section 2 shall not
affect the right of any Indian Tribe to conduct gaming on Indian lands
that are eligible for gaming pursuant to section 20 of the Indian
Gaming Regulatory Act (25 U.S.C. 2719), as determined by the National
Indian Gaming Commission, Secretary of the Interior or a Federal court
prior to the date of the enactment of this Act.
SEC. 4. REGULATIONS REQUIRED.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Interior shall promulgate regulations to
implement section 20 of the Indian Gaming Regulatory Act (25 U.S.C.
2719). The regulations shall require tribal applicants for any of the
exceptions listed in section 20 of the Indian Gaming Regulatory Act to
have an aboriginal or analogous historic connection to the lands upon
which gaming activities are conducted under the Indian Gaming
Regulatory Act. | Restricting Indian Gaming to Homelands of Tribes Act of 2006 - Amends the Indian Gaming Regulatory Act to revise requirements for gaming on lands taken in trust for the benefit of a newly recognized, restored, or landless Indian tribe.
Allows one Indian tribe to host another, invited tribe to participate in or benefit from consolidated class II and class III gaming within the boundaries of the host tribe's reservation.
Requires the Indian tribe, in order to mitigate the direct impact of gaming activities on the affected county or parish infrastructure and services, to negotiate and sign, during negotiations for a tribal-state gaming compact, a memorandum of understanding concerning mitigation with the county or parish government. Requires the Secretary to appoint an arbitrator to establish mitigation requirements if such a memorandum is not signed within one year after a request to initiate negotiations has been made.
Provides that any gaming authorized by this Act shall not be conducted unless it is: (1) consistent with the tribal-state compacting laws of the state in which the gaming activities will be conducted; and (2) specifically identified as expressly authorized in a tribal-state compact of the invited Indian tribe approved by an Act of the legislature and the Governor of the state in which the gaming will be conducted.
States that host tribe compacts shall not be affected by the amendments made by this Act.
Prohibits an Indian tribe from conducting regulated gaming on Indian lands outside the state in which the Indian tribe is primarily residing and exercising tribal government authority upon the enactment of this Act, unless such lands are contiguous to those in the state where the tribe is primarily residing and exercising such authority.
Declares that the gaming arrangement authorized by this Act shall not be conducted on any Indian lands within the state of Arizona. | {"src": "billsum_train", "title": "To amend section 20 of the Indian Gaming Regulatory Act to restrict off-reservation gaming."} | 1,742 | 395 | 0.736292 | 2.18629 | 0.940098 | 4.711765 | 4.744118 | 0.952941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chinese Currency Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The economy and national security of the United States
are critically dependent upon a vibrant manufacturing base.
(2) The good health of the United States manufacturing
industry requires, among other things, unfettered access to
open markets abroad and fairly traded raw materials and
products in accord with the international legal principles and
agreements of the World Trade Organization and the
International Monetary Fund.
(3) Since 1994, the People's Republic of China has
aggressively intervened in currency markets to peg the Chinese
currency, known as the renminbi or yuan, at a fixed rate of
approximately 8.28 yuan to the United States dollar.
(4) Economists generally agree that this policy by the
People's Republic of China has resulted in substantial
undervaluation of the renminbi, perhaps by 40 percent or more.
(5) Evidence of this undervaluation can be found in the
large and growing annual trade surpluses of the People's
Republic of China, foreign-direct investment in China, and
rapidly increasing aggregate amount of foreign-currency
reserves.
(6) The renminbi's undervaluation acts as both a subsidy
for exports from the People's Republic of China and a non-
tariff barrier against imports into China, to the serious
detriment of the United States manufacturing industry.
(7)(A) As a member of both the World Trade Organization and
the International Monetary Fund, the People's Republic of China
has assumed a series of international legal obligations that
proscribe subsidization of exports and exchange-rate
manipulation.
(B) These prohibitions are most prominently set forth in
Articles VI, XV, and XVI of the GATT 1994 (as defined in
section 2(1)(B) of the Uruguay Round Agreements Act (19 U.S.C.
3501(1)(B)), in the Agreement on Subsidies and Countervailing
Measures (as defined in section 101(d)(12) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(12)), and in Articles IV and
VIII of the International Monetary Fund's Articles of
Agreement.
(8) In addition, as a further condition of its accession
agreement to become a member of the World Trade Organization on
December 11, 2001, the People's Republic of China agreed to a
transitional product-specific safeguard mechanism to address
market disruption to an importing member's domestic industry
due to increased imports of products of Chinese origin.
(9) Despite its international legal obligations, and
notwithstanding extended and ongoing negotiations with the
United States, the People's Republic of China has given no
indication of any intent to correct the renminbi's
undervaluation in the foreseeable future.
(10) Under the foregoing circumstances, it is consistent
with the international legal obligations of the People's
Republic of China and with the corresponding international
legal rights of the United States to amend relevant United
States trade laws to make explicit that exchange-rate
manipulation is actionable as either or both a countervailable
export subsidy and as a cause of present or threatened market
disruption to United States domestic producers.
SEC. 3. CLARIFICATION TO INCLUDE EXCHANGE-RATE MANIPULATION AS
COUNTERVAILABLE SUBSIDY UNDER TITLE VII OF THE TARIFF ACT
OF 1930.
(a) Amendments to Definition of Countervailable Subsidy.--
(1) Financial contribution.--Section 771(5)(D) of the
Tariff Act of 1930 (19 U.S.C. 1677(5)(D)) is amended--
(A) by striking ``The term'' and inserting ``(i)
The term'';
(B) by redesignating clauses (i) through (iv) as
subclauses (I) through (IV), respectively; and
(C) by adding at the end the following:
``(ii) In addition to clause (i), the term
`provides a financial contribution' means to engage in
exchange-rate manipulation (as defined in paragraph
(5C)).''.
(2) Benefit conferred.--Section 771(5)(E) of the Tariff Act
of 1930 (19 U.S.C. 1677(5)(E)) is amended--
(A) in clause (iii), by striking ``, and'' and
inserting a comma;
(B) in clause (iv), by striking the period at the
end and inserting ``, and''; and
(C) by adding at the end the following new clause:
``(v) in the case of exchange-rate
manipulation (as defined in paragraph (5C)), if
the price of exported goods is less than what
the price of such goods would be absent the
exchange-rate manipulation.''.
(3) Specificity.--Section 771(5A)(B) of the Tariff Act of
1930 (19 U.S.C. 1677(5A)(B)) is amended by adding at the end
before the period the following: ``, such as exchange-rate
manipulation (as defined in paragraph (5C))''.
(b) Definition of Exchange-Rate Manipulation.--Section 771 of the
Tariff Act of 1930 (19 U.S.C. 1677) is amended by inserting after
paragraph (5B) the following new paragraph:
``(5C) Definition of exchange-rate manipulation.--
``(A) In general.--For purposes of paragraphs (5)
and (5A), the term `exchange-rate manipulation' means
protracted large-scale intervention by an authority to
undervalue its currency in the exchange market that
prevents effective balance-of-payments adjustment or
that gains an unfair competitive advantage over any
other country.
``(B) Factors.--In determining whether exchange-
rate manipulation is occurring and a benefit thereby
conferred, the administering authority in each case--
``(i) shall consider the exporting
country's--
``(I) bilateral balance-of-trade
surplus or deficit with the United
States;
``(II) balance-of-trade surplus or
deficit with its other trading partners
individually and in the aggregate;
``(III) foreign direct investment
in its territory;
``(IV) currency-specific and
aggregate amounts of foreign currency
reserves; and
``(V) mechanisms employed to
maintain its currency at a fixed
exchange rate relative to another
currency and, particularly, the nature,
duration, and monetary expenditures of
those mechanisms;
``(ii) may consider such other economic
factors as are relevant; and
``(iii) shall measure the trade surpluses
or deficits described in subclauses (I) and
(II) of clause (i) with reference to the trade
data reported by the United States and the
other trading partners of the exporting
country, unless such trade data are not
available or are demonstrably inaccurate, in
which case the exporting country's trade data
may be relied upon if shown to be sufficiently
accurate and trustworthy.
``(C) Type of economy.--An authority found to be
engaged in exchange-rate manipulation may have either a
market economy or a nonmarket economy or a combination
thereof.''.
(c) Effective Date.--The amendments made by this section apply with
respect to a countervailing duty investigation initiated under subtitle
A of title VII of the Tariff Act of 1930 before, on, or after the date
of the enactment of this Act.
SEC. 4. CLARIFICATION TO INCLUDE EXCHANGE-RATE MANIPULATION BY THE
PEOPLE'S REPUBLIC OF CHINA AS MARKET DISRUPTION UNDER
CHAPTER 2 OF TITLE IV OF THE TRADE ACT OF 1974.
(a) Market Disruption.--
(1) In general.--Section 421(c) of the Trade Act of 1974
(19 U.S.C. 2451(c)) is amended by adding at the end the
following new paragraph:
``(3) For purposes of this section, the term `under such
conditions' includes, but is not limited to, by reason of exchange-rate
manipulation (as defined in paragraph (4)).''.
(2) Definition of exchange-rate manipulation.--Section
421(c) of the Trade Act of 1974 (19 U.S.C. 2451(c)), as amended
by paragraph (1), is further amended by adding at the end the
following new paragraph:
``(4)(A) For purposes of this section, the term `exchange-rate
manipulation' means protracted large-scale intervention by the
Government of the People's Republic of China or any other public entity
within the territory of the People's Republic of China to undervalue
its currency in the exchange market that prevents effective balance-of-
payments adjustment or that gains an unfair competitive advantage over
the United States.
``(B) In determining whether exchange-rate manipulation is
occurring, the Commission in each case--
``(i) shall consider China's--
``(I) bilateral balance-of-trade surplus or deficit
with the United States;
``(II) balance-of-trade surplus or deficit with its
other trading partners individually and in the
aggregate;
``(III) foreign direct investment in its territory;
``(IV) currency-specific and aggregate amounts of
foreign currency reserves; and
``(V) mechanisms employed to maintain its currency
at a fixed exchange rate relative to another currency
and, particularly, the nature, duration, and monetary
expenditures of those mechanisms;
``(ii) may consider such other economic factors as are
relevant; and
``(iii) shall measure the trade surpluses or deficits
described in subclauses (I) and (II) of clause (i) with
reference to the trade data reported by the United States and
the other trading partners of China, unless such trade data are
not available or are demonstrably inaccurate, in which case
China's trade data may be relied upon if shown to be
sufficiently accurate and trustworthy.''.
(b) Critical Circumstances.--Section 421(i)(1) of the Trade Act of
1974 (19 U.S.C. 2451(i)(1)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) in those instances in which the petition alleges and
reasonably documents that exchange-rate manipulation is
occurring, shall consider that factor as weighing in favor of
affirmative findings under subparagraphs (A) and (B).''.
(c) Standard for Presidential Action.--Section 421(k)(2) of the
Trade Act of 1974 (19 U.S.C. 2451(k)(2)) is amended by adding at the
end the following new sentence: ``In those instances in which the
Commission has made an affirmative determination that exchange-rate
manipulation is occurring, the President shall consider that factor as
weighing in favor of providing import relief in accordance with
subsection (a).''.
(d) Modifications of Relief.--Section 421(n)(2) of the Trade Act of
1974 (19 U.S.C. 2451(n)(2)) is amended by adding at the end the
following new sentence: ``In those instances in which the Commission
has made an affirmative determination that exchange-rate manipulation
is occurring, the Commission and the President shall consider that
factor as weighing in favor of finding that continuation of relief is
necessary to prevent or remedy the market disruption at issue.''.
(e) Extension of Action.--Section 421(o) of the Trade Act of 1974
(19 U.S.C. 2451(o)) is amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``In those instances in which the Commission has
made an affirmative determination that exchange-rate
manipulation is occurring, the Commission shall consider that
factor as weighing in favor of finding that an extension of the
period of relief is necessary to prevent or remedy the market
disruption at issue.''; and
(2) in paragraph (4), by adding at the end the following
new sentence: ``In those instances in which the Commission has
made an affirmative determination that exchange-rate
manipulation is occurring, the President shall consider that
factor as weighing in favor of finding that an extension of the
period of relief is necessary to prevent or remedy the market
disruption at issue.''.
(f) Effective Date.--The amendments made by this section apply with
respect to an investigation initiated under chapter 2 of title IV of
the Trade Act of 1974 before, on, or after the date of the enactment of
this Act.
SEC. 5. PROHIBITION ON PROCUREMENT BY THE DEPARTMENT OF DEFENSE OF
CERTAIN DEFENSE ARTICLES IMPORTED FROM THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Copy of Petition, Request, or Resolution to Be Transmitted to
the Secretary of Defense.--Section 421(b)(4) of the Trade Act of 1974
(19 U.S.C. 2451(b)(4)) is amended by inserting ``, the Secretary of
Defense'' after ``, the Trade Representative''.
(b) Determination of Secretary of Defense.--Section 421(b) of the
Trade Act of 1974 (19 U.S.C. 2451(b)) is amended by adding at the end
the following new paragraph:
``(6) Not later than 15 days after the date on which an
investigation is initiated under this subsection, the Secretary of
Defense shall submit to the Commission a report in writing which
contains the determination of the Secretary as to whether or not the
articles of the People's Republic of China that are the subject of the
investigation are like or directly competitive with articles produced
by a domestic industry that are critical to the defense industrial base
of the United States.''.
(c) Prohibition on Procurement by the Department of Defense of
Certain Defense Articles.--
(1) Prohibition.--If the United States International Trade
Commission makes an affirmative determination under section
421(b) of the Trade Act of 1974 (19 U.S.C. 2451(b)), or a
determination which the President or the United States Trade
Representative may consider as affirmative under section 421(e)
of such Act (19 U.S.C. 2451(e)), with respect to articles of
the People's Republic of China that the Secretary of Defense
has determined are like or directly competitive with articles
produced by a domestic industry that are critical to the
defense industrial base of the United States, the Secretary of
Defense may not procure, directly or indirectly, such products
of the People's Republic of China.
(2) Waiver.--The President may waive the application of the
prohibition contained in paragraph (1) on a case-by-case basis
if the President determines and certifies to Congress that it
is in the national security interests of the United States to
do so. | Chinese Currency Act of 2005 - Amends the Tariff Act of 1930 regarding countervailing duty investigations to revise the definition of countervailable subsidy to include exchange-rate manipulation.
Defines "exchange-rate manipulation" as protracted large-scale intervention by an authority to undervalue its currency in the exchange market that prevents effective balance-of-payments adjustment or that gains an unfair competitive advantage over any other country.
Specifies factors for determining whether exchange-rate manipulation is occurring and a benefit thereby conferred.
Applies the definition of "exchange-rate manipulation" to the Government of the People's Republic of China (PRC) or any other public entity within its territory.
Specifies: (1) factors for determining whether exchange-rate manipulation is occurring in the PRC; (2) actions to be taken, if a petition for an investigation alleges and reasonably documents that it is occurring; and (3) the standard for presidential action to prevent or remedy the market disruption at issue (including import relief and its modification and extension).
Directs the Secretary of Defense, upon proper request or resolution, to report to the U.S. International Trade Commission any determination as to whether or not the articles of the PRC that are the subject of the investigation are like or directly competitive with domestically produced articles critical to the U.S. defense industrial base.
Prohibits the Secretary from procuring, directly or indirectly, such products if the Commission or the President or the U.S. Trade Representative makes an affirmative determination that the Secretary's determination is accurate.
Provides for presidential waiver of the prohibition in the national security interests of the United States. | {"src": "billsum_train", "title": "To clarify that exchange-rate manipulation by the People's Republic of China is actionable under the countervailing duty provisions and the product-specific safeguard mechanisms of the trade laws of the United States, and for other purposes."} | 3,407 | 353 | 0.465097 | 1.521421 | 0.719442 | 4.012903 | 9.648387 | 0.896774 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA Refinance Program Termination
Act''.
SEC. 2. RESCISSION OF FUNDING FOR FHA REFINANCE PROGRAM.
Effective on the date of the enactment of this Act, there are
rescinded and permanently canceled all unexpended balances remaining
available as of such date of enactment of the amounts made available
under title I of the Emergency Economic Stabilization Act (Public Law
110-343; 12 U.S.C. 5211 et seq.) that have been allocated for use under
the FHA Refinance Program (pursuant to Mortgagee Letter 2010-23 of the
Secretary of Housing and Urban Development) of the Making Home
Affordable initiative of the Secretary of the Treasury. All such
unexpended balances so rescinded and permanently canceled shall be
retained in the general fund of the Treasury for reducing the debt of
the Federal Government.
SEC. 3. TERMINATION OF FHA REFINANCE PROGRAM.
(a) Termination of Mortgagee Letter.--The Mortgagee Letter referred
to in section 2 shall be void and have no effect and the Secretary of
Housing and Urban Development may not issue any regulation, order,
notice, or mortgagee letter based on or substantially similar to such
Mortgagee Letter.
(b) Treatment of Remaining Funds.--Notwithstanding subsection (a)
of this section, any amounts made available for use under the Program
referred to in section 2 of this Act and expended before the date of
the enactment of this Act shall continue to be governed by the
Mortgagee Letter specified in subsection (a) of this section, and any
other provisions of law, regulations, orders, and notices, applicable
to such amounts, as in effect immediately before such date of
enactment.
(c) Termination.--After the enactment of this Act, the Secretary of
Housing and Urban Development may not newly insure any mortgage under
the FHA Refinance Program referred to in section 2 of this Act except
pursuant to a commitment to insure made before such enactment, and upon
the completion of all activities with respect to such commitments under
the provisions of law, regulations, orders, notices, and mortgagee
letters referred to in subsection (b) of this section, the Secretary of
Housing and Urban Development shall terminate the FHA Refinance Program
referred to in section 2.
(d) Study of Use of Program by Members of the Armed Forces,
Veterans, Gold Star Recipients, and Members and Veterans With Service-
connected Disabilities and Their Families.--
(1) Study.--The Secretary of Housing and Urban Development
shall conduct a study to determine the extent of usage of the
FHA Refinance Program referred to in section 2 by, and the
impact of such program on, covered homeowners.
(2) Report.--Not later than the expiration of the 90-day
period beginning on the date of the enactment of this Act, the
Secretary shall submit to the Congress a report setting forth
the results of the study under paragraph (1) and identifying
best practices, with respect to covered homeowners, that could
be applied to the FHA Refinance Program.
(3) Covered homeowner.--For purposes of this subsection,
the term ``covered homeowner'' means a homeowner who is--
(A) a member of the Armed Forces of the United
States on active duty or the spouse or parent of such a
member;
(B) a veteran, as such term is defined in section
101 of title 38, United States Code;
(C) eligible to receive a Gold Star lapel pin under
section 1126 of title 10, United States Code, as a
widow, parent, or next of kin of a member of the Armed
Forces person who died in a manner described in
subsection (a) of such section; and
(D) such members and veterans of the Armed Forces
who have service-connected injuries, and survivors and
dependents of such members and veterans of the Armed
Forces with such injuries.
SEC. 4. PUBLICATION OF MEMBER AVAILABILITY FOR ASSISTANCE.
Not later than 5 days after the date of the enactment of this Act,
the Secretary of Housing and Urban Development shall publish to its
Website on the World Wide Web in a prominent location, large point
font, and boldface type the following statement: ``The FHA Short
Refinance Program, which was intended to provide borrowers with
refinance opportunities, has been terminated. If you are having trouble
paying your mortgage and need help contacting your lender or servicer
for purposes of negotiating or acquiring a loan modification, please
contact your Member of Congress to assist you in contacting your lender
or servicer for the purpose of negotiating or acquiring a loan
modification.''.
Passed the House of Representatives March 10, 2011.
Attest:
KAREN L. HAAS,
Clerk. | FHA Refinance Program Termination Act - Rescinds and permanently cancels all unexpended funding remaining available and allocated for the Federal Housing Administration (FHA) Refinancing Program of the Making Home Affordable initiative of the Secretary of the Treasury (under which borrowers owing more on their mortgage than the value of their home are provided opportunities to refinance into a FHA loan). Terminates the program.
Requires all such unobligated balances so rescinded and permanently canceled to be retained in the general fund of the Treasury for reducing the debt of the federal government.
Directs the Secretary of Housing and Urban Development (HUD) to study: (1) the extent to which the FHA Refinancing Program is used by homeowners who are active duty members of the Armed Forces (or their spouses or parents), veterans, Gold Star-eligible widows, parents, or next of kin of Armed Forces members who died in military operations, or members or veterans with service-connected injuries (and their survivors and dependents); and (2) the impact of the program on such homeowners.
Directs the HUD Secretary to publish a statement on the HUD website as to: (1) termination of the FHA Short [sic] Refinance Program; and (2) the availability of a Member of Congress to assist any borrower having trouble paying a mortgage and needing help contacting the borrower's lender or servicer to negotiate or acquire a loan modification. | {"src": "billsum_train", "title": "To rescind the unobligated funding for the FHA Refinance Program and to terminate the program."} | 1,107 | 327 | 0.619193 | 2.052163 | 0.695945 | 2.828358 | 3.563433 | 0.873134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Spent Nuclear Fuel
Storage Act of 1994''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Findings.
Sec. 5. Amendments to the Nuclear Waste Policy Act of 1982.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Commission'' means the Nuclear Regulatory
Commission; and
(2) the term ``Secretary'' means the Secretary of the
Department of Energy.
SEC. 4. FINDINGS.
The Congress finds that--
(1) by 1998, approximately forty-five thousand tons of
spent nuclear fuel will be stored at commercial nuclear
reactors across the Nation;
(2) the deep geologic high level radioactive waste and
spent nuclear fuel repository envisioned by the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101 et. seq.) will not be
constructed in time to permit the Secretary to receive and
accept high level radioactive waste or spent nuclear fuel as
contemplated by sections 123 and 302 of that Act (42 U.S.C.
10143, 10222), with the result that the Secretary will be
unable to perform contracts executed pursuant to section 302(a)
of that Act with persons who generate or hold title to high
level radioactive waste or spent nuclear fuel;
(3) there have been no orders for the development or
construction of civilian nuclear power generating facilities
since the enactment of the Nuclear Waste Policy Act of 1982;
several such facilities that were anticipated when the Act was
enacted are not operating now;
(4) it does not now appear that a deep geologic high level
radioactive waste and spent nuclear fuel repository will be
available before the year 2010 or later;
(5) by the time a deep geologic repository is available
many currently operating commercial nuclear reactors will need
spent fuel storage capacity beyond the maximum now available in
at-reactor spent fuel storage pools; nuclear utilities have
spent and will spend major sums to construct facilities,
including dry cask spent fuel storage facilities, for use in
the interim before a deep geologic repository is available;
(6) the sums spent for the purposes described in paragraph
(5) are the same funds that commercial nuclear utilities
intended to contribute to the Nuclear Waste Fund established by
section 302(c) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222 (c));
(7) the technology for long term storage of spent nuclear
fuel, including the technology of dry cask storage, has
improved dramatically since the enactment of the Nuclear Waste
Policy Act of 1982;
(8) the existing statutory jurisdiction of the Commission,
under the Atomic Energy Act of 1954 (42 U.S.C. 2001 et. seq.),
the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et.
seq.), Executive Order 11834 (42 U.S.C. 5801 note), the Nuclear
Regulatory Commission Reorganization Plan Numbered 1 of 1980,
and the Commission's various authorization Acts includes the
jurisdiction to review and evaluate the spent fuel storage
capability of commercial nuclear utilities that hold or seek
licenses to receive and possess nuclear materials from the
Commission;
(9) commercial nuclear utilities that hold licenses to
receive and possess nuclear materials are generally well suited
to maintain the institutional capability necessary to become
stewards of spent nuclear fuel during a period of interim
storage;
(10) the increased radioactive decay that will occur in
spent nuclear fuel that has been stored for interim periods
prior to delivery to the Secretary pursuant to section 123 of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10143) will
ease and facilitate its subsequent handling, transportation,
and final disposal; and
(11) the median estimated cost to commercial nuclear
facilities of acquiring or constructing at- reactor dry storage
facilities, plus the long term operating cost, is approximately
0.56 mil per kilowatt-hour under average industry fuel burnup
rates.
SEC. 5. AMENDMENTS TO THE NUCLEAR WASTE POLICY ACT OF 1982.
Section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222(a)) is amended by inserting at the end thereof the following new
subsection:
``(f)(1) After January 31, 1998, if the Secretary does not have a
facility available to accept spent fuel from persons holding contracts
under this section, those persons may, through credits on fee payments
under subsection (a)(2), offset the expenses of providing storage of
spent fuel generated after that date (including expenses reasonably
incurred before that date in anticipation of the necessity of providing
such storage) and until the date of the Secretary's first acceptance of
that person's spent fuel at a storage or disposal facility authorized
by this Act.
``(2) The credits described in paragraph (1)--
``(A) shall be deducted from each remittance of a person's
fee payments to the Nuclear Waste Fund from the time that the
person meets the conditions of paragraph (1) until the time
that the Secretary first accepts that person's spent fuel at a
storage or disposal facility authorized by this Act; and
``(B) shall be in the amount of 0.56 mil per kilowatt-hour
for electricity generated by the person's civilian nuclear
power reactor and sold during the period the person is eligible
for the credit, or in such other amount as may be certified to
the Secretary by the regulatory authority which establishes the
rates charged to customers for electricity generated by the
person's civilian nuclear power reactor.''. | Independent Spent Nuclear Fuel Storage Act of 1994 - Amends the Nuclear Waste Policy Act of 1982 to provide that if the Secretary of Energy does not have a facility available to accept high level radioactive wastes or spent nuclear fuel from certain commercial nuclear facilities by a specified deadline, such facilities may offset the expenses of providing storage of spent fuel generated after that date through credits on certain fee payments until the date of the Secretary's first acceptance at an authorized storage or disposal facility. | {"src": "billsum_train", "title": "Independent Spent Nuclear Fuel Storage Act of 1994"} | 1,222 | 101 | 0.535256 | 1.377522 | 0.537251 | 4.066667 | 12.822222 | 0.911111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small and Disadvantaged Business
Ombudsman Act''.
SEC. 2. SBA SMALL AND DISADVANTAGED BUSINESS OMBUDSMAN FOR PROCUREMENT.
Section 30 of the Small Business Act (15 U.S.C. 657) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'';
(B) in paragraph (2), by striking the period and
adding a semicolon; and
(C) by adding at the end the following:
``(3) `SDB Ombudsman' means the Small and Disadvantaged
Business Ombudsman for Procurement, designated under subsection
(e); and
``(4) `Major Federal agency' means an agency of the United
States Government that, in the previous fiscal year, entered
into contracts with non-Federal entities to provide the agency
with a total of not less than $200,000,000 in goods or
services.''; and
(2) by adding at the end the following:
``(e) SBA Small and Disadvantaged Business Ombudsman for
Procurement.--
``(1) Appointment.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Small and Disadvantaged
Business Ombudsman Act, the Administrator shall
designate a Small and Disadvantaged Business Ombudsman
for Procurement (referred to in this section as the
`SDB Ombudsman').
``(B) Qualifications.--The SDB Ombudsman shall be--
``(i) highly qualified, with experience
assisting small business concerns with Federal
procurement; and
``(ii) designated from among employees of
the Federal Government, to the extent
practicable.
``(C) Line of authority.--The SDB Ombudsman shall
report directly to the Administrator.
``(D) Senior executive service.--The SDB Ombudsman
shall be paid at an annual rate not less than the
minimum rate, nor more than the maximum rate, for the
Senior Executive Service under chapter 53 of title 5,
United States Code.
``(2) Duties.--The SDB Ombudsman shall--
``(A) work with each Federal agency with
procurement authority to ensure that small business
concerns are treated fairly in the procurement process;
``(B) establish a procedure for receiving comments
from small business concerns and personnel of the
Office of Small and Disadvantaged Business Utilization
of each Federal agency regarding the activities of
agencies and prime contractors that are not small
business concerns on Federal procurement contracts; and
``(C) establish a procedure for addressing the
concerns received under subparagraph (B).
``(3) Annual report.--
``(A) In general.--No later than 1 year after the
date of enactment of this subsection, and annually
thereafter, the SDB Ombudsman shall provide a report to
the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate.
``(B) Contents.--The report required under
subparagraph (A) shall contain--
``(i) information from the Federal
Procurement Data System pertaining to
contracting and subcontracting goals of the
Federal Government and each Federal agency with
procurement authority;
``(ii) a copy of the report submitted to
the SDB Ombudsman by each major Federal agency
and an evaluation of the goal attainment plans
submitted to the SDB Ombudsman pursuant to
paragraph (5);
``(iii) an evaluation of the success or
failure of each major Federal agency in
attaining its small business procurement goals,
including a ranking by agency on the attainment
of such goals;
``(iv) a summary of the efforts of each
major Federal agency to promote contracting
opportunities for small business concerns by--
``(I) educating and training
procurement officers on the importance
of small business concerns to the
economy and to Federal contracting; and
``(II) conducting outreach
initiatives to promote prime and
subcontracting opportunities for small
business concerns;
``(v) an assessment of the knowledge of the
procurement staff of each major Federal agency
concerning programs that promote small business
contracting;
``(vi) substantiated comments received from
small business concerns and personnel of the
Office of Small and Disadvantaged Business
Utilization of each Federal agency regarding
the treatment of small business concerns by
Federal agencies on Federal procurement
contracts;
``(vii) an analysis of the responsiveness
of each Federal agency to small business
concerns with respect to Federal contracting
and subcontracting;
``(viii) an assessment of the compliance of
each Federal agency with section 15(k) of the
Small Business Act (15 U.S.C. 644(k); and
``(ix) a description of any discrimination
faced by small business concerns based on their
status as small business concerns or the gender
or the social or economic status of their
owners.
``(C) Notice and comment.--
``(i) In general.--The SDB Ombudsman shall
provide notice to each Federal agency
identified in the report prepared under
subparagraph (A) that such agency has 60 days
to submit comments on the draft report to the
SDB Ombudsman before the final report is
submitted to Congress under subparagraph (A).
``(ii) Inclusion of outside comments.--
``(I) In general.--The final report
prepared under this paragraph shall
contain a section in which Federal
agencies are given an opportunity to
respond to the report contents with
which they disagree.
``(II) No response.--If no response
is received during the 60-day comment
period from a particular agency
identified in the report, the final
report under this paragraph shall
indicate that the agency was afforded
an opportunity to comment.
``(D) Confidentiality.--In preparing the report
under this paragraph, the SDB Ombudsman shall keep
confidential all information that may expose a small
business concern or an employee of an Office of Small
and Disadvantaged Business Utilization to possible
retaliation from the agency or prime contractor
identified by the small business concern, unless the
small business concern or employee of the Office of
Small and Disadvantaged Business Utilization consents
in writing to the release of such information.
``(4) Interagency coordination.--Each Federal agency,
through its Office of Small and Disadvantaged Business
Utilization, shall assist the SDB Ombudsman to ensure
compliance with--
``(A) the Federal procurement goals established
pursuant to section 15(g);
``(B) the procurement policy outlined in section
8(d), which states that small business concerns should
be given the maximum practicable opportunity to
participate in Federal contracts;
``(C) Federal prime contractors small business
subcontracting plans negotiated under section
8(d)(4)(B);
``(D) the responsibilities outlined under section
15(k); and
``(E) any other provision of this Act.
``(5) Goal attainment plan.--If a major Federal agency
fails to meet any small business procurement goal under this
Act in any fiscal year, such agency shall submit a goal
attainment plan to the SDB Ombudsman not later than 90 days
after the end of the fiscal year in which the goal was not met,
containing--
``(A) a description of the circumstances that
contributed to the failure of the agency to reach its
small business procurement goals; and
``(B) a detailed plan for meeting the small
business procurement goals in the fiscal year
immediately following the fiscal year in which the goal
was not met.
``(6) Effect on other offices.--Nothing in this section is
intended to replace or diminish the activities of the Office of
Small and Disadvantaged Business Utilization or any similar
office in any Federal agency.
``(7) Administrative resources.--To enable the SDB
Ombudsman to carry out the duties required by this subsection,
the Administrator shall provide the SDB Ombudsman with
sufficient--
``(A) personnel;
``(B) office space; and
``(C) dedicated financial resources, which are
specifically identified in the annual budget request of
the Administration.''.
SEC. 3. OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION.
(a) Director.--Section 15(k) of the Small Business Act (15 U.S.C.
644(k)) is amended--
(1) in the first sentence, by inserting ``(except for the
Administration)'' after ``Federal agency'';
(2) by striking paragraph (2), and inserting the following:
``(2) be well qualified, with experience assisting small
business concerns with Federal procurement, and receive basic
pay at a rate not to exceed the rate of pay for grade 15 of the
General Schedule, under section 5332 of title 5, United States
Code;'';
(3) by striking paragraph (3) and inserting the following:
``(3) be appointed by the head of such agency, be
responsible to, and report only to, the head or deputy head of
such agency for policy matters, personnel matters, budgetary
matters, and all other matters;'';
(4) in paragraph (9), by striking ``, and'' and inserting a
semicolon;
(5) in paragraph (10)--
(A) by striking ``or section 8(a) of this Act or
section 2323 of title 10, United States Code. Such
recommendations'' and inserting ``section 8(a), or
section 2323 of title 10, United States Code, which
recommendations''; and
(B) by striking the period at the end and inserting
a semicolon; and
(6) by striking the undesignated matter after paragraph
(10) and inserting the following:
``(11) not concurrently serve as the chief procurement
officer for such agency; and
``(12) if the officer is employed by a major Federal agency
(as defined in section 30)--
``(A) have no other job duties beyond those
described under this subsection;
``(B) receive basic pay at a rate equal to the rate
of pay for grade 15 of the General Schedule, under
section 5332 of title 5, United States Code; and
``(C) attend the meetings of the Office of Small
and Disadvantaged Business Utilization Council.''.
(b) Office of Small and Disadvantaged Business Utilization
Council.--
(1) Establishment.--There is established an interagency
council to be known as the ``Office of Small and Disadvantaged
Business Utilization Council'' (in this subsection referred to
as the ``Council'').
(2) Membership.--The Council shall be composed of--
(A) the Director of Small and Disadvantaged
Business Utilization from each Federal agency;
(B) the Small and Disadvantaged Business Ombudsman
for Procurement, as an ex officio member; and
(C) other individuals, as ex officio members, as
the Council considers necessary.
(3) Leadership.--
(A) Chairperson.--The members of the Council shall
elect a chairperson, who shall serve for a 1-year,
renewable term.
(B) Other positions.--The members of the Council
may elect other leadership positions, as necessary,
from among its members.
(C) Voting.--Each member of the Council, except for
ex officio members, shall have voting rights on the
Council.
(4) Meetings.--
(A) Frequency.--The Council shall meet not less
frequently than once every 2 months.
(B) Issues.--At the meetings under subparagraph
(A), the Council shall discuss issues faced by each
Office of Small and Disadvantaged Business Utilization,
including--
(i) personnel matters;
(ii) barriers to small business
participation in Federal procurement;
(iii) agency compliance with section 15(k)
of the Small Business Act (15 U.S.C. 644(k)),
as amended by this Act; and
(iv) any other matter that the Council
considers necessary to further the mission of
each Office of Small and Disadvantaged Business
Utilization.
(5) Funding limitation.--The Small Business Administration
shall not provide the Council with financial assistance to
carry out the provisions of this section.
SEC. 4. GOVERNMENTWIDE SMALL BUSINESS GOAL.
Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is
amended in the second sentence, by striking ``23 percent of the total
value of all prime contract awards for each fiscal year.'' and
inserting ``26 percent of the total value of all prime contract awards
for fiscal year 2004, not less than 28 percent of the total value of
all prime contract awards for fiscal year 2005, and not less than 30
percent of the total value of all prime contract awards for fiscal year
2006 and each fiscal year thereafter.''. | Small and Disadvantaged Business Ombudsman Act - Amends the Small Business Act to require the Administrator of the Small Business Administration to designate a Small and Disadvantaged Business Ombudsman for Procurement, who shall: (1) work with each Federal agency with procurement authority to ensure that small businesses are treated fairly in the procurement process; (2) establish a procedure for receiving comments from small businesses and personnel of the Office of Small and Disadvantaged Business Utilization (Office) of each Federal agency regarding the activities of agencies and prime contractors on Federal procurement contracts for small businesses; and (3) establish a procedure for addressing concerns received with respect to small businesses and Federal procurement contracting. Requires an annual report from the Ombudsman to the congressional small business committees evaluating such activities.Requires each Federal agency to assist the Ombudsman to ensure compliance with Federal procurement goals for small businesses, certain procurement policies, and Federal prime contractor small business subcontracting plans. Requires a Federal agency to submit a goal attainment plan upon failure to meet small business procurement goals.Requires each Office director to: (1) have experience assisting small businesses with Federal procurement; (2) not currently serve as the chief procurement officer of such agency; (3) have no other duties; and (4) attend meetings of the Office of Small and Disadvantaged Business Utilization Council. Establishes such Council.Increases, from the current 23 percent to up to 30 percent for FY 2006 and thereafter, the Federal small business procurement goal. | {"src": "billsum_train", "title": "To provide for a Small and Disadvantaged Business Ombudsman for Procurement in the Small Business Administration, and for other purposes."} | 2,899 | 334 | 0.633404 | 1.946865 | 0.79422 | 3.227758 | 9.33452 | 0.914591 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Play for Family Farms Act of
2000''.
SEC. 2. DEFINITION.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. PRODUCER IMPACT ANALYSIS.
(a) Interagency Cooperation.--The Secretary shall--
(1) monitor competitive conditions in the agricultural
economy;
(2) through designated personnel confer regularly with
designated personnel in the Department of Justice and the
Federal Trade Commission to discuss and review law enforcement
and regulatory matters related to competitive conditions in the
agricultural marketplace; and
(3) share legal, economic, and technical information with
the Department of Justice and the Federal Trade Commission,
consistent with applicable confidentiality restrictions, in
order to facilitate each agency's enforcement responsibilities
and duties under this Act.
(b) Review of Certain Mergers or Acquisitions.--
(1) Application.--This subsection applies to a merger or
acquisition--
(A) with a value of more than $50,000,000; and
(B) involving a person in the business of
manufacturing an organic agricultural input for sale to
farmers or in the business of purchasing livestock,
poultry, or a basic agricultural commodity for
wholesale resale either unprocessed or processed, who
files a notification under section 7A of the Clayton
Act (15 U.S.C. 18a).
(2) Notice.--The Department of Justice and the Federal
Trade Commission shall notify the Secretary of all filings
described in paragraph (1).
(3) Public comment.--The Secretary shall--
(A) publish promptly in the Federal Register a copy
of each notice received under paragraph (2);
(B) accept public comments on the proposed merger
described in such notice; and
(C) consider as part of the review required by
paragraph (4), such comments timely received.
(4) Review.--Not later than the expiration of the review
period provided in section 7A of the Clayton Act (15 U.S.C.
18a), the Secretary shall--
(A) review the proposed merger or acquisition
described in the notice;
(B) determine--
(i) the probable effects such merger or
acquisition would have on the prices paid to
producers of any livestock, poultry, or basic
agricultural commodities who sell to, buy from,
or bargain with 1 or more of the persons
involved in the proposed merger or acquisition;
(ii) impacts on producers on a regional
basis;
(iii) past anticompetitive conduct of the
companies under review; and
(iv) whether such merger or acquisition
would--
(I) result in significantly
increased market power for any of such
persons; and
(II) increase the potential for
anticompetitive or predatory pricing
conduct by any of such persons;
(C) prepare a report--
(i) containing--
(II) the detailed findings made by
the Secretary as a result of such
review and such determinations; and
(II) an economic analysis of the
Secretary regarding whether such merger
or acquisition may substantially lessen
competition or tend to create a
monopoly; and
(ii) not including proprietary information;
and
(D) transmit to the relevant Federal agencies and
Congress and shall publish in the Federal Register,
simultaneously, a copy of such report.
SEC. 4. ASSISTANT ATTORNEY GENERAL FOR AGRICULTURAL ANTITRUST MATTERS.
(a) In General.--There shall be established within the Department
of Justice an Assistant Attorney General for Agriculture Competition,
who shall be responsible for oversight and coordination of antitrust
and related matters which affect agriculture, directly or indirectly.
(b) Appointment.--The Assistant Attorney General for Agriculture
Competition shall be appointed by the President subject to the advice
and consent of the Senate.
SEC. 5. STATUTORY TRUST FOR THE PROTECTION OF SELLERS OF LIVESTOCK TO
MARKET AGENCIES AND LIVESTOCK DEALERS.
Title III of the Packers and Stockyards Act, 1921 (7 U.S.C. 201 et
seq.) is amended by adding at the end the following:
``SEC. 318. LIVESTOCK DEALER TRUST.
``(a) Findings.--Congress finds that--
``(1) a burden on and obstruction to commerce in livestock
is caused by financing arrangements under which dealers
encumber, give lenders security interest in, or place liens on,
livestock obtained by such persons by purchase in cash sales,
or on inventories of or receivables or proceeds from such
livestock, when payment is not made for livestock; and
``(2) such financing arrangements are contrary to the
public interest.
``(b) Purpose.--The purpose and intent of this section is to remedy
such burden on and obstruction to commerce in livestock and protect the
public interest by creating a trust for the benefit of unpaid cash
sellers of livestock.
``(c) Definitions.--In this section:
``(1) Cash sale.--The term `cash sale' means a sale in
which the seller does not expressly extend credit to the buyer.
``(2) Dealer.--The term `dealer' includes a market agency
purchasing livestock on a commission basis, for all purposes
under and related to this section.
``(3) Trust corpus.--The corpus of a trust established
under this section shall include the assets of a dealer that
are held for the benefit of all unpaid cash sellers of
livestock--
``(A) including--
``(i) all accounts receivable and proceeds
derived from the sale of livestock purchased by
the dealer in cash sales; and
``(ii) all livestock inventories of the
dealer; and
``(B) not including--
``(i) livestock purchased by a dealer for
its own account for feeding in a feedlot or on
pasture; and
``(ii) livestock purchased by a bona fide
third-party purchaser for value.
``(d) Holding in Trust.--
``(1) In general.--The accounts receivable and proceeds
generated from livestock purchased in a cash sale by a dealer,
and the inventory of the dealer, shall be held by the dealer in
trust for the benefit of all unpaid cash sellers of such
livestock until full payment has been received by such unpaid
sellers.
``(2) Dishonor of instrument of payment.--Payment shall not
be considered to have been made if the seller receives a
payment instrument that is dishonored.
``(3) Loss of benefit of trust.--The unpaid seller shall
lose the benefit of the trust under paragraph (1) unless the
seller gives written notice to the dealer and to the
Secretary--
``(A) within 15 business days after the seller has
received notice that the payment instrument promptly
presented for payment has been dishonored; or
``(B) within 30 days after the final date for
making payment under section 409.
``(4) Small entity exemption.--Any dealer whose average
annual purchases of livestock do not exceed $250,000 is exempt
from the provisions of this section.
``(5) Cattle feeding exemption.--Purchases by a dealer of
livestock for its own account for feeding in a feedlot or on
pasture shall not be considered dealer transactions for the
purposes of this section.
``(6) Rights of third party purchaser.--The trust
established under paragraph (1) shall have no effect on the
rights of a bona fide third-party purchaser who has purchased
livestock from a dealer for value, without regard to whether
the livestock are delivered to the bona fide purchaser.
``(7) Animal care provider exemption.--Nothing in this
section shall affect the rights of an animal care provider
created by statute or common law.
``(e) Jurisdiction.--
``(1) In general.--The district courts of the United States
shall have jurisdiction in a civil action by--
``(A) the beneficiary of a trust described in
subsection (d)(1) to enforce payment of the amount due
the seller from the trust funds; and
``(B) the Secretary, to prevent and restrain
dissipation of a trust described in subsection (d).
``(2) No effect on other remedies.--Nothing in this section
shall limit or diminish in any way any other remedy available
to a trust beneficiary or to the Secretary under this Act, any
other law, or at common law, but the provisions of this section
are in addition to such remedies.
``(f) Damages.--If any dealer subject to this section violates any
of the provisions of such section, the dealer shall be liable to the
person injured thereby for the full amount of damages sustained as a
consequence of such violation.
``(g) Penalties.--
``(1) In general.--Whoever violates the provisions of this
section shall be liable to, and the Secretary may assess, a
penalty of not more than $10,000 nor less than $1,000 for each
such violation.
``(2) Considerations.--In determining the amount of the
civil penalty to be assessed under this section, the Secretary
shall consider the gravity of the offense, the annual purchases
of livestock by the person involved, and the effect of the
penalty on the person's ability to continue in business.
``(3) Enforcement.--If the person against whom a penalty is
assessed under this section fails to pay such penalty, the
Secretary shall refer the matter to the Attorney General, who
shall recover such penalty by an action in the appropriate
district court of the United States.''.
SEC. 6. ADDITIONAL RESOURCES FOR DEPARTMENT OF JUSTICE ENFORCEMENT.
There are authorized to be appropriated for each of the fiscal
years 2001, 2002, and 2003 such sums as are necessary to the Department
of Justice to provide additional staff and assistance for the Assistant
Attorney General for Agriculture Competition to carry out the duties of
the position.
SEC. 7. AUTHORIZATION FOR ADDITIONAL STAFF AND FUNDING FOR THE GRAIN
INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION.
There are authorized to be appropriated such sums as are necessary
to enhance the capability of the Grain Inspection, Packers and
Stockyards Administration to monitor, investigate, and pursue the
competitive implications of structural changes in the meat packing
industry. Sums are specifically earmarked to hire litigating attorneys
to allow the Grain Inspection, Packers and Stockyards Administration to
more comprehensively and effectively pursue its enforcement activities,
especially through regional offices.
SEC. 8. GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION
APPLICATION TO POULTRY.
(a) In General.--The Comptroller General shall conduct a study and
make findings and recommendations with respect to whether there are
disparities in the Grain Inspection, Packers and Stockyard
Administration's administrative authority with regard to the poultry,
beef, and pork industries and how those disparities can be remedied.
(b) Report.--The Comptroller General shall submit a report to
Congress on the study, findings, and recommendations required by
subsection (a) not later than 1 year after the date of enactment of
this Act.
SEC. 9. UNENFORCEABILITY OF CONFIDENTIALITY CLAUSES IN LIVESTOCK AND
POULTRY PRODUCTION CONTRACTS.
Confidentiality clauses barring a party to a contract from sharing
terms of such contract for the purposes of obtaining legal or financial
advice, are unenforceable in livestock production contracts and grain
production contracts (except to the extent a legitimate trade secret
(as applied in the Freedom of Information Act, 5 U.S.C. 552 et seq.) is
being protected).
SEC. 10. REPARATIONS FOR PRODUCERS HARMED BY PACKERS ENGAGED IN
ANTICOMPETITIVE BEHAVIOR.
(a) In General.--The Grain Inspection, Packers and Stockyard
Administration shall establish a trust fund (referred to in this
section as the ``trust fund'') for the benefit of farm producers harmed
by packers engaged in anticompetitive behavior.
(b) Deposits.--There shall be deposited in trust fund 50 percent of
the amounts received by the Grain Inspection, Packers and Stockyard
Administration from fines and settlements resulting from actions taken
against packers engaged in anticompetitive behavior.
(c) Payments.--Amounts in the trust fund may be used by the
Secretary of Agriculture for payments to farm producers that are harmed
by packers engaged in anticompetitive behavior to compensate those farm
producers for losses resulting from that harm. | (Sec.4) Establishes within the Department of Justice an Assistant Attorney General for Agriculture Competition, who shall be responsible for agriculture-related antitrust matters. Authorizes appropriations.
(Sec. 5) Amends the Packers and Stockyards Act, 1921 to require, with exemptions, livestock dealers (including market agencies) to hold in trust proceeds from livestock purchased in cash sales for the benefit of all unpaid cash sellers of such livestock until receipt of full payment. Authorizes monetary penalties for violations of such provisions.
(Sec. 7) Authorizes appropriations for additional Grain Inspection, Packers and Stockyards Administration staff, including litigating attorneys, in order to monitor the meat packing industry.
(Sec. 8) Directs the Comptroller General of the General Accounting Office to study whether disparities exist in the Administration's authority respecting the poultry, beef, and pork industries.
(Sec. 9) States that non-trade secret confidentiality clauses in livestock or grain production contracts are unenforceable.
(Sec. 10) Directs the Administration to establish a trust fund for producers harmed by packer anticompetitive behavior. | {"src": "billsum_train", "title": "Fair Play for Family Farms Act of 2000"} | 2,786 | 258 | 0.424352 | 1.206307 | 0.623723 | 3.097087 | 12 | 0.883495 |
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