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SECTION 1. SHORT TITLE.
This Act may be cited as the ``TANF Economic and Financial
Education Promotion Act of 2006''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Most recipients of assistance under the Temporary
Assistance for Needy Families (TANF) Program established under
part A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) and individuals moving toward self-sufficiency operate
outside the financial mainstream, paying high costs to handle
their finances and saving little for emergencies or the future.
(2) Personal debt levels and bankruptcy filing rates are
high and savings rates are at their lowest levels in 70 years.
In 2005, the savings rate was negative. The inability of many
households to budget, save, and invest prevents them from
laying the foundation for a secure financial future.
(3) Financial planning can help families meet near-term
obligations and maximize their longer-term well being,
especially valuable for populations that have traditionally
been underserved by our financial system.
(4) Economic and financial education can give individuals
the necessary financial tools to create household budgets,
initiate savings plans, and acquire assets.
(5) Economic and financial education can prevent vulnerable
customers from becoming entangled in financially devastating
credit arrangements.
(6) Economic and financial education that addresses abusive
lending practices targeted at specific neighborhoods or
vulnerable segments of the population can prevent unaffordable
payments, equity stripping, and foreclosure.
(7) Economic and financial education speaks to the broader
purpose of the TANF Program to equip individuals with the tools
to succeed and support themselves and their families in self-
sufficiency.
(b) Purposes.--The purposes of this Act are the following:
(1) To promote economic and financial literacy among
individuals receiving assistance under Temporary Assistance for
Needy Families programs funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) by permitting
States to include economic and financial literacy education
that is provided directly to individuals as a work activity
under such programs.
(2) To provide individuals receiving assistance under
Temporary Assistance for Needy Families programs funded under
part A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) with the skills and knowledge needed to effectively
address personal financial matters and to make financial
choices that will lead such individuals toward becoming
financially self-sufficient.
SEC. 3. REQUIREMENT TO PROMOTE ECONOMIC AND FINANCIAL EDUCATION UNDER
TANF.
(a) State Plan Requirement.--Section 402(a)(1)(A) of the Social
Security Act (42 U.S.C. 602(a)(1)(A)) is amended by adding at the end
the following new clause:
``(vii) Establish goals and take action to
promote economic and financial education in
accordance with a program established under
section 404(l) among parents and caretakers
receiving assistance under the program through
collaboration with community-based
organizations, financial institutions, business
entities, the Financial Literacy and Education
Commission established under section 513 of the
Fair and Accurate Credit Transactions Act of
2003 (20 U.S.C. 9702) and departments and
agencies that are members of such Commission,
including the Department of Agriculture, the
Securities and Exchange Commission, and the
Board of Governors of the Federal Reserve
System.''.
(b) Program Requirements.--Section 404 of the Social Security Act
(42 U.S.C. 604) is amended by adding at the end the following new
subsection:
``(l) Economic and Financial Education.--
``(1) In general.--Subject to the succeeding paragraphs of
this subsection, a State to which a grant is made under section
403--
``(A) shall use the grant or State funds that are
qualified State expenditures (as defined in section
409(a)(7)(B)(i)) to establish a program to provide
economic and financial education directly for parents
and caretakers receiving assistance under the State
program funded under this part; and
``(B) may count a parent's or caretaker's hours of
participation in such program as being engaged in work
for purposes of determining monthly participation rates
under section 407(b)(1)(B)(i).
``(2) Requirements.--A State shall ensure that the economic
and financial literacy activities conducted under the program
established under this subsection--
``(A) are accessible to the target population
through curriculum geared to the general literacy level
of the participants;
``(B) provide relevant and practical information to
participants;
``(C) include a direct delivery component; and
``(D) to the extent practicable, are conducted in
conjunction with an asset building program conducted in
the State.
``(3) Collaboration with nongovernmental or nonprofit
organizations encouraged.--In carrying out economic and
financial education activities under a program established
under this subsection, a State is encouraged to collaborate
with nongovernmental or nonprofit organizations with a proven
record of educating the public, especially at-risk populations,
regarding economic and financial literacy.
``(4) Evaluation.--A State shall conduct an evaluation of
the economic and financial literacy program established under
this subsection not less than once every 3 years for the
purpose of--
``(A) monitoring the number of parents and
caretakers served under the program;
``(B) improving program administration;
``(C) facilitating replication and expansion of
best practices;
``(D) assessing behavioral changes of participants;
and
``(E) assessing asset accumulation of participants.
``(5) Definition of economic and financial education.--In
this subsection, the term `economic and financial education'
means education that--
``(A) promotes an understanding of consumer,
economic, and personal finance concepts, including
basic economic concepts such as supply and demand and
opportunity cost, as well as basic financial literacy
concepts such as budgeting and money management,
saving, retirement planning, maintaining good credit,
and the avoidance of predatory lending and financial
abuse schemes; and
``(B) is based on recognized standards for economic
and financial education.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section take effect on October 1, 2006.
(2) Exception.--In the case of a State plan under part A of
title IV of the Social Security Act which the Secretary of
Health and Human Services determines requires State legislation
in order for the plan to meet the additional requirements
imposed by the amendments made by this Act, the effective date
of the amendments imposing the additional requirements shall be
3 months after the first day of the first calendar quarter
beginning after the close of the first regular session of the
State legislature that begins after the date of enactment of
this Act. For purposes of the preceding sentence, in the case
of a State that has a 2-year legislative session, each year of
the session shall be considered to be a separate regular
session of the State legislature. | TANF Economic and Financial Education Promotion Act of 2006 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require a state to use TANF grant funds to establish a program to provide economic and financial education directly for parents and caretakers receiving TANF. Allows a parent's or caretaker's hours of participation in such a program to count as a required work activity. | {"src": "billsum_train", "title": "A bill to amend part A of title IV of the Social Security Act to require a State to promote economic and financial education under the Temporary Assistance for Needy Families (TANF) Program and to allow economic and financial education to count as work activity under that program."} | 1,555 | 108 | 0.463705 | 1.297359 | 0.69759 | 4.375 | 18.025 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair and Open Voting Standards Act
of 2004''.
SEC. 2. STANDARDS FOR REMOVAL OF INDIVIDUALS FROM OFFICIAL LIST OF
ELIGIBLE VOTERS BY REASON OF CRIMINAL CONVICTION.
(a) In General.--Section 8 of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-6) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Standards for Removal of Individuals From List of Eligible
Voters by Reason of Criminal Conviction.--
``(1) Prohibiting removal not in compliance with
standards.--A State may not remove a registrant from the
official list of eligible voters for an election for Federal
office by reason of criminal conviction unless the State
certifies to the Election Assistance Commission that the State
has in effect procedures for such removal which meet the
requirements of this subsection and any other requirements
applicable under this section.
``(2) Minimum notice prior to removal.--
``(A) In general.--In addition to any other
requirements applicable under this section, a State may
not remove a registrant from the official list of
eligible voters for an election for Federal office by
reason of criminal conviction unless the State provides
the registrant with a notice of removal meeting the
requirements of subparagraph (B)--
``(i) not later than 60 days before the
date of the election; and
``(ii) not later than 90 days before the
date of removal.
``(B) Requirements for notice.--The notice required
under this subparagraph shall be sent by forwardable
mail, and shall include the following:
``(i) A statement that the State intends to
remove the registrant from the official list of
eligible voters for elections for Federal
office.
``(ii) A description of the reasons for
removal, including sufficient identifying
information on the criminal conviction alleged
to be the basis for removal to enable the
registrant to determine whether the registrant
was convicted of the offense cited in the
notice.
``(iii) A statement that the registrant may
appeal the removal in accordance with the
procedures established under paragraph (3).
``(iv) A postage pre-paid and pre-addressed
envelope and a clear list of contact
information for the appropriate state election
official that includes a mailing address,
telephone number, and fax number.
``(3) Availability of appeal.--
``(A) In general.--A State shall establish
administrative procedures meeting the requirements of
this paragraph under which a registrant who receives a
notice of removal under paragraph (2) may file a
written appeal to an appropriate State election
official to withdraw the notice and retain the
registrant on the official list of eligible voters.
``(B) Deadline.--A State may establish a deadline
for the filing of an appeal under this paragraph,
except that the deadline may not occur earlier than the
expiration of the 30-day period which begins on the
date a registrant receives the notice of removal under
paragraph (2).
``(C) Contents.--A registrant filing an appeal may
include in the appeal such information and evidence as
the registrant considers appropriate to show that the
registrant is not subject to removal from the list
under State law, including information and evidence
showing that the registrant was not convicted of the
criminal offense cited in the notice.
``(D) Response by state.--Not later than 10 days
after a registrant files an appeal, the State shall
review the information and evidence included and accept
or reject the appeal, and shall notify the registrant
in writing of its decision.
``(E) No removal permitted while appeal is
pending.--If a registrant files an appeal under
subparagraph (A), the State may not remove a registrant
from the official list of eligible voters until a final
decision is reached on the appeal.''.
(b) Conforming Amendment.--Section 8(a)(3)(B) of such Act (42
U.S.C. 1973gg-6(a)(3)(B)) is amended by striking ``State law,'' and
inserting ``State law and consistent with the requirements of
subsection (j),''.
(c) Effective Date.--The amendments made by this Act shall apply
with respect to the regularly scheduled general election for Federal
office held in November 2004 and any succeeding Federal election. | Fair and Open Voting Standards Act of 2004 - Amends the National Voter Registration Act of 1993 to prohibit a State from removing a registrant from the official list of eligible voters for an election for Federal office by reason of criminal conviction unless the State certifies to the Election Assistance Commission that the State has in effect procedures for such removal which meet the applicable requirements of this Act including those concerning notice prior to removal and availability of appeal. | {"src": "billsum_train", "title": "To amend the National Voter Registration Act of 1993 to prohibit States from removing individuals from the official list of eligible voters for Federal elections in the State by reason of criminal conviction unless the removal is carried out in accordance with standards providing notice and an opportunity for an appeal, and for other purposes."} | 1,035 | 95 | 0.653283 | 1.671042 | 0.979059 | 5.695122 | 11.097561 | 0.939024 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health and Substance Abuse
Parity Amendments of 1998''.
SEC. 2. REVISION IN LIMITS APPLIED TO MENTAL HEALTH BENEFITS.
(a) Application to Group Health Plans and Group Health Insurance
Under ERISA.--
(1) Expansion to cover treatment limitations and financial
requirements generally.--Section 712 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185a) is amended--
(A) in the heading, by striking ``certain'';
(B) by amending subsections (a) and (b) to read as
follows:
``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides both medical and surgical benefits and mental health benefits,
such plan or coverage shall not impose treatment limitations or
financial requirements on the coverage of mental health benefits if
similar limitations or requirements are not imposed on coverage of
medical and surgical benefits in comparable settings (including
inpatient and outpatient settings).
``(b) Construction.--Nothing in this section shall be construed--
``(1) as prohibiting a group health plan (or health
insurance coverage offered in connection with such a plan)
from--
``(A) negotiating separate reimbursement rates and
service delivery systems for different benefits; or
``(B) managing the provision of benefits through
the use of pre-admission screening, prior authorization
of services, and other mechanisms designed to limit
coverage of items and services to those deemed to be
medically necessary;
``(2) as requiring a group health plan (or health insurance
coverage offered in connection with such a plan) to provide any
specific mental health benefits; or
``(3) as preventing a group health plan or health insurance
issuer applying subsection (a) without regard to benefits for
preventive care.''; and
(C) in subsection (e), by striking paragraphs (1)
and (2) and inserting the following:
``(1) Treatment limits.--The term `treatment limits' means
limits on the frequency of treatment, number of visits, or
other limits on the scope and duration of treatment, as covered
by a group health plan (or health insurance coverage offered in
connection with such a plan). Such term does not include limits
on benefits or coverage based solely on medical necessity.
``(2) Financial limits.--The term `financial requirements'
means copayments, deductibles, out-of-network charges, out-of-
pocket contributions or fees, annual limits, and lifetime
aggregate limits imposed on covered individuals.''.
(2) Elimination of cost exemption.--Such section is further
amended by striking paragraph (2) of subsection (c).
(3) Elimination of sunset.--Such section is further amended
by striking subsection (f).
(c) Application to Group Health Plans Under the Internal Revenue
Code of 1986.--
(1) Expansion to cover treatment limitations and financial
requirements generally.--Section 9812 of the Internal Revenue
Code of 1986 (relating to parity in the application of certain
limits to mental health benefits) is amended--
(A) in the heading, by striking ``certain'';
(B) by amending subsections (a) and (b) to read as
follows:
``(a) In General.--In the case of a group health plan that provides
both medical and surgical benefits and mental health benefits, such
plan shall not impose treatment limitations or financial requirements
on the coverage of mental health benefits if similar limitations or
requirements are not imposed on coverage of medical and surgical
benefits in comparable settings (including inpatient and outpatient
settings).
``(b) Construction.--Nothing in this section shall be construed--
``(1) as prohibiting a group health plan from--
``(A) negotiating separate reimbursement rates and
service delivery systems for different benefits; or
``(B) managing the provision of benefits through
the use of pre-admission screening, prior authorization
of services, and other mechanisms designed to limit
coverage of items and services to those deemed to be
medically necessary;
``(2) as requiring a group health plan to provide any
specific mental health benefits; or
``(3) as preventing a group health plan applying subsection
(a) without regard to benefits for preventive care.''; and
(C) in subsection (e), by striking paragraphs (1)
and (2) and inserting the following:
``(1) Treatment limits.--The term `treatment limits' means
limits on the frequency of treatment, number of visits, or
other limits on the scope and duration of treatment, as covered
by a group health plan. Such term does not include limits on
benefits or coverage based solely on medical necessity.
``(2) Financial limits.--The term `financial requirements'
means copayments, deductibles, out-of-network charges, out-of-
pocket contributions or fees, annual limits, and lifetime
aggregate limits imposed on covered individuals.''.
(2) Elimination of cost exemptions.--Such section is
further amended by striking paragraph (2) of subsection (c).
(3) Elimination of sunset.--Such section is further amended
by striking subsection (f).
(4) Clerical amendment.--The item relating to section 9812
in the table of sections of subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by striking
``certain''.
(d) Application to Individual Health Insurance.--Part B of title
XXVII of the Public Health Service Act, as amended by section 605(a) of
Public Law 104-204, is amended by inserting after section 2751 the
following new section:
``SEC. 2752. PARITY IN THE APPLICATION OF LIMITS TO MENTAL HEALTH
BENEFITS.
``The provisions of section 2705 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan.''.
(e) Effective Dates.--
(1) Group health plans.--
(A) In general.--Subject to subparagraph (B), the
amendments made by subsections (a), (b), and (c) shall
apply with respect to group health plans for plan years
beginning on or after July 1, 1999.
(B) In the case of a group health plan maintained
pursuant to 1 or more collective bargaining agreements
between employee representatives and 1 or more
employers ratified before the date of enactment of this
Act, the amendments made by subsections (a), (b), and
(c) shall not apply to plan years beginning before the
later of--
(i) the date on which the last collective
bargaining agreements relating to the plan
terminates (determined without regard to any
extension thereof agreed to after the date of
the enactment of this Act), or
(ii) July 1, 1999.
For purposes of clause (i), any plan amendment made
pursuant to a collective bargaining agreement relating
to the plan which amends the plan solely to conform to
any requirement added by subsection (a), (b), or (c)
shall not be treated as a termination of such
collective bargaining agreement.
(2) Individual health insurance coverage.--The amendment
made by subsection (d) shall apply with respect to health
insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after July 1, 1999.
(f) Coordination in Implementation.--Effective on the date of the
enactment of this Act, section 104(1) of the 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 1000 of the Internal Revenue Code of 1986''.
SEC. 3. PARITY IN THE APPLICATION OF LIMITS TO SUBSTANCE ABUSE AND
CHEMICAL DEPENDENCY BENEFITS.
(a) Application to Group Health Plans Under ERISA.--
(1) In general.--Part 7 of subtitle B of title II of the
Employee Retirement Income Security Act of 1974 is amended by
inserting after section 712 the following new section:
``SEC. 713. PARITY IN THE APPLICATION OF LIMITS TO SUBSTANCE ABUSE AND
CHEMICAL DEPENDENCY BENEFITS.
``The provisions of section 712 shall apply to benefits with
respect to treatment of substance abuse or chemical dependency in the
same manner as they apply to mental health benefits.''.
(2) Clerical amendment.--The table of contents in section 1
of such Act is amended by inserting after the item relating to
section 712 the following new item:
``Sec. 713. Parity in the application of limits to substance abuse and
chemical dependency benefits.''.
(b) Application to Group Health Plans and Health Insurance Issuers
Under the Public Health Service Act.--Title XXVII of the Public Health
Service Act is amended by inserting after section 2705 the following
new section:
``SEC. 2706. PARITY IN THE APPLICATION OF LIMITS TO SUBSTANCE ABUSE AND
CHEMICAL DEPENDENCY BENEFITS.
``The provisions of section 2705 shall apply to benefits with
respect to treatment of substance abuse or chemical dependency in the
same manner as they apply to mental health benefits.''.
(c) Application to Group Health Plans Under the Internal Revenue
Code of 1986.--
(1) 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. PARITY IN THE APPLICATION OF LIMITS TO SUBSTANCE ABUSE AND
CHEMICAL DEPENDENCY BENEFITS.
``The provisions of section 9812 shall apply to benefits with
respect to treatment of substance abuse or chemical dependency in the
same manner as they apply to mental health benefits.''.
(2) Clerical amendment.--The table of sections for such
subchapter is amended by adding at the end the following new
item:
``Sec. 9813. Parity in the application of
limits to substance abuse and
chemical dependency
benefits.''.
(d) Application to Individual Health Insurance Coverage Under the
Public Health Service Act.--Part B of title XXVII of the Public Health
Service Act, as amended by section 2(d), is amended by inserting after
section 2751 the following new section:
``SEC. 2753. PARITY IN THE APPLICATION OF LIMITS TO MENTAL HEALTH
BENEFITS.
``The provisions of section 2752 shall apply to benefits with
respect to treatment of substance abuse or chemical dependency in the
same manner as they apply to mental health benefits.''.
(e) Effective Dates.--
(1) Group health plans.--
(A) In general.--Subject to subparagraph (B), the
amendments made by subsections (a), (b), and (c) shall
apply with respect to group health plans for plan years
beginning on or after July 1, 1999.
(B) In the case of a group health plan maintained
pursuant to 1 or more collective bargaining agreements
between employee representatives and 1 or more
employers ratified before the date of enactment of this
Act, the amendments made by subsections (a), (b), and
(c) shall not apply to plan years beginning before the
later of--
(i) the date on which the last collective
bargaining agreements relating to the plan
terminates (determined without regard to any
extension thereof agreed to after the date of
the enactment of this Act), or
(ii) July 1, 1999.
For purposes of clause (i), any plan amendment made
pursuant to a collective bargaining agreement relating
to the plan which amends the plan solely to conform to
any requirement added by subsection (a), (b), or (c)
shall not be treated as a termination of such
collective bargaining agreement.
(2) Individual health insurance coverage.--The amendment
made by subsection (d) shall apply with respect to health
insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after July 1, 1999. | Mental Health and Substance Abuse Parity Amendments of 1998 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code, and the Public Health Service Act to prohibit group and individual health plans from imposing treatment limitations or financial requirements on the coverage of mental health benefits, or substance abuse and chemical dependency benefits, if similar limitations or requirements are not imposed on medical and surgical benefits.
Amends the Health Insurance Portability and Accountability Act of 1986 to provide for coordination in implementation of such amendments. | {"src": "billsum_train", "title": "Mental Health and Substance Abuse Parity Amendments of 1998"} | 2,791 | 114 | 0.623077 | 1.541709 | 0.622773 | 3.59596 | 25.585859 | 0.949495 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Language Act of 1995''.
SEC. 2. ENGLISH AS OFFICIAL LANGUAGE.
(a) In General.--Title 4, United States Code, is amended by adding
at the end the following new chapter:
``CHAPTER 6--LANGUAGE OF THE GOVERNMENT
``Sec.
``161. Declaration of official language.
``162. Official Government activities in English.
``163. Exceptions.
``Sec. 161. Declaration of official language
``English shall be the official language of the Government of the
United States.
``Sec. 162. Official Government activities in English
``The Government of the United States shall conduct its official
business in English, including publications, income tax forms, and
informational materials.
``Sec. 163. Exceptions
``This chapter does not apply to the use of a language other than
English--
``(1) for religious purposes;
``(2) for training in foreign languages for international
communication;
``(3) to programs in schools designed to encourage students
to learn foreign languages; or
``(4) by persons over 62 years of age.
``This chapter does not prevent the Government of the United States
from providing interpreters for persons over 62 years of age.''.
(b) Conforming Amendment.--The table of chapters for title 4,
United States Code, is amended by adding at the end the following new
item:
``6. Language of the Government............................. 161''.
SEC. 3. TERMINATION OF BILINGUAL EDUCATION PROGRAMS.
(a) Repeal of Bilingual Education Act.--The Bilingual Education Act
(20 U.S.C. 3281 et seq.) is repealed.
(b) Termination of Office of Bilingual Education and Minority
Languages Affairs.--The Office of Bilingual Education and Minority
Languages Affairs in the Department of Education, established by part D
of the Bilingual Education Act (20 U.S.C. 3331 et seq.), is terminated.
(c) Recapture of Unexpended Funds.--Any funds that have been
provided as grants under the Bilingual Education Act (20 U.S.C. 3281 et
seq.), and that have not been expended before the date of the enactment
of this Act, shall be recaptured by the Secretary of Education and
deposited in the general fund of the Treasury.
(d) Transitional Provisions.--
(1) Completion of programs during current school year.--
Subsections (a) and (c) shall not apply to any program under
part A of the Bilingual Education Act (20 U.S.C. 3291 et seq.)
until completion of the most recent school year of the program
that commenced before the date of the enactment of this Act.
(2) Assistance for transition to special alternative
instructional programs.--During the 1-year period beginning on
the date of the enactment of this Act, the Secretary of
Education may assist local educational agencies in the
transition of children enrolled in programs assisted under the
Bilingual Education Act (20 U.S.C. 3281 et seq.) to Special
Alternative Instructional Programs that do not make use of the
native language of the student.
SEC. 4. REPEAL OF BILINGUAL VOTING REQUIREMENTS.
(a) In General.--
(1) Bilingual election requirements.-- Section 203 of the
Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed.
(2) Voting rights.--Section 4 of the Voting Rights Act of
1965 (42 U.S.C. 1973b) is amended by striking subsection (f).
(b) Conforming Amendments.--
(1) References to section 203.--The Voting Rights Act of
1965 (42 U.S.C. 1973 et seq.) is amended--
(A) in section 204, by striking ``or 203,''; and
(B) in the first sentence of section 205, by
striking ``, 202, or 203'' and inserting ``or 202''.
(2) References to section 4.--The Voting Rights Act of 1965
(42 U.S.C. 1973 et seq.) is amended--
(A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6,
and 13, by striking ``, or in contravention of the
guarantees set forth in section 4(f)(2)'';
(B) in paragraphs (1)(A) and (3) of section 4(a),
by striking ``or (in the case of a State or subdivision
seeking a declaratory judgment under the second
sentence of this subsection) in contravention of the
guarantees of subsection (f)(2)''; and
(C) in paragraphs (1)(B) and (5) of section 4(a),
by striking ``or (in the case of a State or subdivision
which sought a declaratory judgment under the second
sentence of this subsection) that denials or
abridgments of the right to vote in contravention of
the guarantees of subsection (f)(2) have occurred
anywhere in the territory of such State or
subdivision''.
SEC. 5. ENGLISH LANGUAGE REQUIREMENT FOR CEREMONIES FOR ADMISSION OF
NEW CITIZENS.
Section 337(d) of the Immigration and Nationality Act (8 U.S.C.
1448(d)) is amended by adding at the end the following new sentence:
``All public ceremonies in which the oath of allegiance is administered
pursuant to this section shall be conducted solely in the English
language.''.
SEC. 6. NONPREEMPTION.
This Act (and the amendments made by this Act) shall not preempt
any law of any State. | National Language Act of 1995 - Makes English the official language of the U.S. Government. Requires the Government to conduct its official business in English, including publications, income tax forms, and informational materials.
Provides that this Act shall not apply to the use of a language other than English for religious purposes, for training in foreign languages for international communication, to programs in schools designed to encourage students to learn foreign languages, or by persons over age 62. Permits the Government to provide interpreters for persons over age 62.
Repeals the Bilingual Education Act. Terminates the Office of Bilingual Education and Minority Languages Affairs in the Department of Education. Sets forth provisions regarding the recapture of unexpended funds and transitional provisions.
Repeals provisions of the Voting Rights Act of 1965 regarding bilingual election requirements and regarding congressional findings of voting discrimination against language minorities, prohibition of English-only elections, and other remedial measures.
Amends the Immigration and Nationality Act to require that all public ceremonies in which the oath of allegiance is administered pursuant to such Act be conducted solely in English.
Specifies that this Act shall not preempt the law of any State. | {"src": "billsum_train", "title": "National Language Act of 1995"} | 1,337 | 262 | 0.618687 | 1.780185 | 0.907434 | 3.977477 | 5.036036 | 0.851351 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency in Music Licensing and
Ownership Act''.
SEC. 2. ESTABLISHMENT OF DATABASE FOR NONDRAMATIC MUSICAL WORKS AND
SOUND RECORDINGS.
(a) Nondramatic Musical Works and Sound Recordings Database.--
Chapter 7 of title 17, United States Code, is amended by adding at the
end the following:
``Sec. 711. Nondramatic musical works and sound recordings database
``(a) Establishment and Maintenance.--The Register of Copyrights
shall establish and maintain an informational database of nondramatic
musical works and sound recordings subject to protection under this
title.
``(b) Contents.--The database established under subsection (a)
shall include, at a minimum, for each nondramatic musical work and
sound recording subject to protection under this title, the following
information:
``(1) The title.
``(2) The copyright registration date, if any.
``(3) An identification of each owner of the copyright of
the work or recording.
``(4) An identification of any entity, including a
performing rights society, music publisher, or record label,
through which the work or recording may be licensed.
``(5) The international standard musical work code or the
international standard recording code.
``(6) The name of each recording artist featured on the
work or recording.
``(7) Each album title containing the work or recording.
``(8) Each catalog number and each label name used on
phonorecords of the work made and distributed to the public.
``(9) Any other information the Register of Copyrights
determines to be appropriate or necessary.
``(c) Accessibility.--The Register of Copyrights shall make the
database established under subsection (a) publicly available, in its
entirety, without charge, in a format that reflects current
technological practices. The Register of Copyrights may revise and
update the technical requirements of the database as necessary to
ensure continued accessibility.
``(d) Limitation on Remedies.--
``(1) In general.--Notwithstanding sections 502 through
506, in an action brought under this title for infringement of
the exclusive right to perform publicly, reproduce, or
distribute a nondramatic musical work or sound recording, the
remedies available to a copyright owner that has failed to
provide or maintain the information described in subsection (b)
shall be limited to--
``(A) an order requiring the infringer to pay to
the copyright owner actual damages for the public
performance, reproduction, or distribution of the
infringed work; and
``(B) injunctive relief to prevent or restrain any
infringement alleged in the civil action.
``(2) Reliance on database information.--In an action
described in paragraph (1), any relief granted by the court
shall, to the extent practicable, account for the reliance of
an infringer on any information included in the database
established under subsection (a).
``(3) Applicability.--The limitation described in paragraph
(1) only applies to an action brought against the following:
``(A) An establishment.
``(B) A food service or drinking establishment.
``(C) A terrestrial broadcast station licensed as
such by the Federal Communications Commission.
``(D) An entity operating under one of the
statutory licenses described in section 112, 114, or
115.
``(E) An entity performing publicly, reproducing,
or distributing musical works or sound recordings in
good faith as demonstrated by evidence such as a
license agreement in good standing with a performing
rights society or other entity authorized to license
the use of musical works or sound recordings.
``(e) Initial Technical Requirements.--The Register of Copyrights
shall adopt technical requirements, subject to public notice and
comment and a 90-day trial period, in the establishment of the database
described under subsection (a), that ensures the database meets the
following requirements:
``(1) Publicly available from a website maintained by the
Copyright Office and hosted from the copyright.gov domain.
``(2) Accessible, in a machine-readable format, through
both real-time and bulk application programming interfaces.
``(3) Searchable through the website described in paragraph
(1) and the application programming interfaces described in
paragraph (2) by the information required under subsection (b).
``(4) Exportable in its entirety to non-proprietary
document formats compatible with standard spreadsheet programs,
Extensible Markup Language, and such other formats as may be
determined by the Register.
``(f) Working Group.--
``(1) Establishment.--Not later than 45 days after the date
of the enactment of this section, the Register of Copyrights
shall establish a working group of technical experts
representing a wide range of stakeholders to identify, report,
and recommend performance objectives, technical capabilities,
and technical standards for the database established under
subsection (a), including meeting the initial requirements
described in subsection (e).
``(2) Appointment of members.--The Librarian of Congress,
in consultation with the Register of Copyrights, shall appoint
the members of the working group, who shall be individuals or
organizations representing, in equal parts, owners and
licensors of copyrighted works, users and licensees of
copyrighted works, and consumers and public interest entities.
``(3) Report required.--Not later than 9 months after the
date of the enactment of this section, the working group shall
submit to the Register of Copyrights a report on the activities
and recommendations of the working group described in paragraph
(1). Not later than 14 days after receipt of the report, the
Register of Copyrights shall make the report and
recommendations of the working group subject to public notice
and comment.
``(4) Copyright office assistance.--The Register of
Copyrights may appoint an employee of the Copyright Office--
``(A) to moderate and direct the work of the
working group under this subsection; and
``(B) to provide technical assistance to members of
the working group, as appropriate.
``(5) Initial meeting.--The initial meeting of the working
group shall take place not later than 90 days after the date of
the enactment of this section.
``(g) Technical Review and Updates.--Not later than 3 years after
the establishment of the database described in subsection (a), and
every 3 years thereafter, the Register of Copyrights shall review the
technical capabilities of the database and make any necessary
revisions. In conducting the review, the Register shall establish a
working group subject to the requirements described in subsection (f).
Any updates to the technical capabilities of the database shall be
subject to public notice and comment and a 90-day trial period.''.
(b) Clerical Amendment.--The table of sections for chapter 7 of
title 17, United States Code, is amended by adding at the end the
following new item:
``711. Nondramatic musical works and sound recordings database.''.
(c) Effective Date.--The amendments made by this section shall take
effect 18 months after the date of the enactment of this Act. | Transparency in Music Licensing and Ownership Act This bill amends federal copyright law to direct the U.S. Copyright Office to establish and maintain a publicly accessible database of nondramatic musical works and sound recordings subject to copyright protection. It limits available remedies, in copyright infringement actions against certain parties, for a copyright owner who fails to provide or maintain the minimum information required in the database. | {"src": "billsum_train", "title": "Transparency in Music Licensing and Ownership Act"} | 1,573 | 92 | 0.575108 | 1.418678 | 1.143976 | 2.371429 | 21.257143 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ballistics, Law Assistance, and
Safety Technology Act'' or the ``BLAST Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to increase public safety by assisting law enforcement
in solving more gun-related crimes and offering prosecutors
evidence to link felons to gun crimes through ballistics
technology;
(2) to provide for ballistics testing of all new firearms
for sale to assist in the identification of firearms used in
crimes;
(3) to require ballistics testing of all firearms in
custody of Federal agencies to assist in the identification of
firearms used in crimes; and
(4) to add ballistics testing to existing firearms
enforcement programs.
SEC. 3. DEFINITION OF BALLISTICS.
Section 921(a) of title 18, United States Code, is amended by
adding at the end the following:
``(35) Ballistics.--The term `ballistics' means a
comparative analysis of fired bullets and cartridge casings to
identify the firearm from which bullets and cartridge casings
were discharged, through identification of the unique
characteristics that each firearm imprints on bullets and
cartridge casings.''.
SEC. 4. TEST FIRING AND AUTOMATED STORAGE OF BALLISTICS RECORDS.
(a) Amendment.--Section 923 of title 18, United States Code, is
amended by adding at the end the following:
``(m)(1) In addition to the other licensing requirements under this
section, a licensed manufacturer or licensed importer shall--
``(A) test fire firearms manufactured or imported by such
licensees as specified by the Secretary by regulation;
``(B) prepare ballistics images of the fired bullet and
cartridge casings from the test fire;
``(C) make the records available to the Secretary for entry
in a computerized database; and
``(D) store the fired bullet and cartridge casings in such
a manner and for such a period as specified by the Secretary by
regulation.
``(2) Nothing in this subsection creates a cause of action against
any Federal firearms licensee or any other person for any civil
liability except for imposition of a civil penalty under this section.
``(3)(A) The Attorney General and the Secretary shall assist
firearm manufacturers and importers in complying with paragraph (1)
through--
``(i) the acquisition, disposition, and upgrades of
ballistics equipment and bullet and cartridge casing recovery
equipment to be placed at or near the sites of licensed
manufacturers and importers;
``(ii) the hiring or designation of personnel necessary to
develop and maintain a database of ballistics images of fired
bullets and cartridge casings, research and evaluation;
``(iii) providing education about the role of ballistics as
part of a comprehensive firearm crime reduction strategy;
``(iv) providing for the coordination among Federal, State,
and local law enforcement and regulatory agencies and the
firearm industry to curb firearm-related crime and illegal
firearm trafficking; and
``(v) any other steps necessary to make ballistics testing
effective.
``(B) The Attorney General and the Secretary shall--
``(i) establish a computer system through which State and
local law enforcement agencies can promptly access ballistics
records stored under this subsection, as soon as such a
capability is available; and
``(ii) encourage training for all ballistics examiners.
``(4) Not later than 1 year after the date of enactment of this
subsection and annually thereafter, the Attorney General and the
Secretary shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Representatives a
report regarding the impact of this section, including--
``(A) the number of Federal and State criminal
investigations, arrests, indictments, and prosecutions of all
cases in which access to ballistics records provided under this
section served as a valuable investigative tool in the
prosecution of gun crimes;
``(B) the extent to which ballistics records are accessible
across jurisdictions; and
``(C) a statistical evaluation of the test programs
conducted pursuant to section 6 of the Ballistics, Law
Assistance, and State Technology Act.
``(5) There is authorized to be appropriated to the Department of
Justice and the Department of the Treasury for each of fiscal years
2001 through 2004, $20,000,000 to carry out this subsection,
including--
``(A) installation of ballistics equipment and bullet and
cartridge casing recovery equipment;
``(B) establishment of sites for ballistics testing;
``(C) salaries and expenses of necessary personnel; and
``(D) research and evaluation.
``(6) The Secretary and the Attorney General shall conduct
mandatory ballistics testing of all firearms obtained or in the
possession of their respective agencies.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the amendment made by subsection (a) shall take effect on
the date on which the Attorney General and the Secretary of the
Treasury, in consultation with the Board of the National
Integrated Ballistics Information Network, certify that the
ballistics systems used by the Department of Justice and the
Department of the Treasury are sufficiently interoperable to
make mandatory ballistics testing of new firearms possible.
(2) Ballistics testing.--Section 923(m)(1) of title 18,
United States Code, as added by subsection (a), shall take
effect 5 years after the date of enactment of this Act.
(3) Effective on date of enactment.--Section 923(m)(6) of
title 18, United States Code, as added by subsection (a), shall
take effect on the date of enactment of this Act.
SEC. 5. PRIVACY RIGHTS OF LAW ABIDING CITIZENS.
Ballistics information of individual guns in any form or database
established by this Act may not be used for prosecutorial purposes
unless law enforcement officials have a reasonable belief that a crime
has been committed and that ballistics information would assist in the
investigation of that crime. | Ballistics, Law Assistance, and Safety Technology Act (BLAST Act) - Amends the Brady Handgun Violence Prevention Act to require a licensed manufacturer or importer of firearms to: (1) test fire manufactured or imported firearms as specified by the Secretary of the Treasury; (2) prepare ballistics images of the fired bullet and cartridge casings; (3) make the records available to the Secretary for entry into a computerized database; and (4) store the fired bullet and cartridge casings.Directs the Attorney General and the Secretary to assist firearm manufacturers and importers in complying with these requirements through: (1) the acquisition, disposition, and upgrades of ballistics equipment and bullet and cartridge casing recovery equipment; (2) the hiring or designation of personnel necessary to develop and maintain a ballistics database; (3) providing education about the role of ballistics; and (4) providing for the coordination among law enforcement, regulatory agencies, and the firearm industry to curb firearm-related crime and illegal firearm trafficking.Requires the Attorney General and the Secretary to: (1) establish a computer system through which State and local law enforcement agencies can promptly access ballistics records; (2) encourage training for ballistics examiners; (3) report to Congress on the impact of this Act on criminal investigations, arrests, indictments, and prosecutions; and (4) conduct mandatory ballistics testing of all firearms obtained by or in the possession of their respective agencies.Prohibits the use of ballistics information of individual guns for prosecutorial purposes unless officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation. | {"src": "billsum_train", "title": "A bill to amend chapter 44 of title 18, United States Code, to require ballistics testing of all firearms manufactured and all firearms in custody of Federal agencies."} | 1,362 | 350 | 0.733775 | 2.138666 | 0.754227 | 4.935691 | 4.022508 | 0.961415 |
SECTION 1. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.
(a) In General.--The Secretary of Veterans Affairs may carry out
the following major medical facility projects, with each project to be
carried out in the amount specified for that project:
(1) Alterations to facilitate consolidation of services in
buildings 126 and 150, and demolition of seismically unsafe
building 122 at the Department of Veterans Affairs Medical
Center, Long Beach, California, in an amount not to exceed
$23,200,000.
(2) Construction and seismic work at the Department of
Veterans Affairs Medical Center, San Juan, Puerto Rico, in an
amount not to exceed $50,000,000.
(3) Outpatient clinic expansion at the Department of
Veterans Affairs Medical Center, Washington, D.C., in an amount
not to exceed $29,700,000.
(4) Construction of a psychogeriatric care building and
demolition of seismically unsafe building 324 at the Department
of Veterans Affairs Medical Center, Palo Alto, California, in
an amount not to exceed $22,400,000.
(5) Construction of an ambulatory care addition and
renovations for ambulatory care at the Department of Veterans
Affairs Medical Center, Cleveland (Wade Park), Ohio, in an
amount not to exceed $28,300,000, of which $7,500,000 shall be
derived from funds appropriated for a fiscal year before fiscal
year 1999 that remain available for obligation.
(6) Construction of an ambulatory care addition at the
Department of Veterans Affairs Medical Center, Tucson, Arizona,
in an amount not to exceed $35,000,000.
(7) Construction of an addition for psychiatric care at the
Department of Veterans Affairs Medical Center, Dallas, Texas,
in an amount not to exceed $24,200,000.
(8) Outpatient clinic projects at Auburn and Merced,
California, as part of the Northern California Healthcare
Systems Project, in an amount not to exceed $3,000,000, to be
derived only from funds appropriated for Construction, Major
Projects, for a fiscal year before fiscal year 1999 that remain
available for obligation.
(b) Construction of Parking Facility.--The Secretary may construct
a parking structure at the Department of Veterans Affairs Medical
Center, Denver, Colorado, in an amount not to exceed $13,000,000, of
which $11,900,000 shall be derived from funds in the Parking Revolving
Fund.
SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.
The Secretary of Veterans Affairs may enter into leases for
satellite outpatient clinics as follows:
(1) Baton Rouge, Louisiana, in an amount not to exceed
$1,800,000.
(2) Daytona Beach, Florida, in an amount not to exceed
$2,600,000.
(3) Oakland Park, Florida, in an amount not to exceed
$4,100,000.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Veterans Affairs for fiscal year 1999--
(1) for the Construction, Major Projects, account
$205,300,000 for the projects authorized in section 1(a); and
(2) for the Medical Care account, $8,500,000 for the leases
authorized in section 2.
(b) Limitation.--(1) The projects authorized in section 1(a) may
only be carried out using--
(A) funds appropriated for fiscal year 1999 pursuant to the
authorization of appropriations in subsection (a);
(B) funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 1999 that remain available
for obligation; and
(C) funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 1999 for a category of
activity not specific to a project.
(2) The project authorized in section 1(b) may only be carried out
using funds appropriated for a fiscal year before fiscal year 1999--
(A) for the Parking Revolving Fund; or
(B) for Construction, Major Projects, for a category of
activity not specific to a project.
SEC. 4. THRESHOLD FOR TREATMENT OF PARKING FACILITY PROJECT AS A MAJOR
MEDICAL FACILITY PROJECT.
Section 8109(i)(2) of title 38, United States Code, is amended by
striking out ``$3,000,000'' and inserting ``$4,000,000''.
SEC. 5. PROCEDURES FOR NAMING OF PROPERTY BY SECRETARY OF VETERANS
AFFAIRS.
(a) In General.--Subchapter II of chapter 5 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 530. Procedures for naming property
``(a) If the Secretary proposes to designate the name of any
property of the Department other than for the geographic area in which
that property is located, the Secretary shall conduct a public hearing
before making the designation. The hearing shall be conducted in the
community in which the property is located. At the hearing, the
Secretary shall receive the views of veterans service organizations and
other interested parties regarding the proposed name of the property.
``(b) Before conducting such a hearing, the Secretary shall provide
reasonable notice of the proposed designation and of the hearing. The
notice shall include--
``(1) the time and place of the hearing;
``(2) identification of the property proposed to be named;
and
``(3) identification of the proposed name for the property;
``(c)(1) If after a hearing under subsection (a) the Secretary
intends to name the property involved other than for the geographic
area in which that property is located, the Secretary shall notify the
congressional veterans' affairs committees of the Secretary's intention
to so name the property and shall publish a notice of such intention in
the Federal Register.
``(2) The Secretary may not designate the property with a name for
which a notice was published in the Federal Register pursuant to
paragraph (1) until the end of a 60-day period of continuous session of
Congress following the date of the submission of notice under paragraph
(1). For purposes of the preceding sentence, continuity of a session of
Congress is broken only by an adjournment sine die, and there shall be
excluded from the computation of such 60-day period any day during
which either House of Congress is not in session during an adjournment
of more than three days to a day certain.
``(3) Each notice under paragraph (1) shall include the following:
``(A) An identification of the property involved.
``(B) An explanation of the background of, and rationale
for, the proposed name.
``(C) A summary of the views expressed by interested
parties at the public hearing conducted in connection with the
proposed name, together with a summary of the Secretary's
evaluation of those views.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
529 the following new item:
``530. Procedures for naming property.''.
(c) Effective Date.--Section 530 of title 38, United States Code,
as added by subsection (a), shall take effect as of January 1, 1998.
Passed the House of Representatives May 19, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects in specified amounts at Department of Veterans Affairs medical centers or outpatient clinics at the following locations: (1) Long Beach, California; (2) San Juan, Puerto Rico; (3) Washington, D.C.; (4) Palo Alto, California; (5) Cleveland, Ohio; (6) Tucson, Arizona; (7) Dallas, Texas; and (8) Auburn and Merced, California.
Authorizes the Secretary to construct a parking structure at the Department Medical Center in Denver, Colorado.
Authorizes the Secretary to enter into leases for satellite outpatient clinics in Baton Rouge, Louisiana, Daytona Beach, Florida, and Oakland Park, Florida.
Authorizes appropriations to the Secretary for FY 1999 for the Construction, Major Projects, account, and for the Medical Care account, with limitations.
Increases from $3 million to $4 million the threshold for a Department parking facility project to be considered a major medical facility project.
Requires the Secretary to: (1) hold a local public hearing prior to designating Department property with a name other than for the geographic area involved; and (2) notify the congressional veterans' committees of the intention to make such designation and wait 60 days of continuous session of Congress before making such designation. | {"src": "billsum_train", "title": "To authorize major medical facility projects and major medical facility leases for the Department of Veterans Affairs for fiscal year 1999, and for other purposes."} | 1,580 | 275 | 0.659202 | 2.160764 | 0.697161 | 2.780769 | 5.692308 | 0.911538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expedited Rescissions Act of 1997''.
SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.
(a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
section:
``expedited consideration of certain proposed rescissions
``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In
addition to the method of rescinding budget authority specified in
section 1012, the President may propose, at the time and in the manner
provided in subsection (b), the rescission of any budget authority
provided in an appropriation Act. Funds made available for obligation
under this procedure may not be proposed for rescission again under
this section or section 1012.
``(b) Transmittal of Special Message.--
``(1) Not later than 3 calendar days after the date of
enactment of an appropriation Act, the President may transmit
to Congress a special message proposing to rescind amounts of
budget authority provided in that Act and include with that
special message a draft bill that, if enacted, would only
rescind that budget authority. That bill shall clearly identify
the amount of budget authority that is proposed to be rescinded
for each program, project, or activity to which that budget
authority relates.
``(2) In the case of an appropriation Act that includes
accounts within the jurisdiction of more than one subcommittee
of the Committee on Appropriations, the President in proposing
to rescind budget authority under this section shall send a
separate special message and accompanying draft bill for
accounts within the jurisdiction of each such subcommittee.
``(3) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the matters
referred to in paragraphs (1) through (5) of section 1012(a).
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second legislative day of
the House of Representatives after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of
Representatives shall introduce (by request) the draft bill
accompanying that special message. If the bill is not
introduced as provided in the preceding sentence, then, on the
third legislative day of the House of Representatives after the
date of receipt of that special message, any Member of that
House may introduce the bill.
``(B) The bill shall be referred to the Committee on
Appropriations of the House of Representatives. The committee
shall report the bill without substantive revision, and with or
without recommendation. The bill shall be reported not later
than the seventh legislative day of that House after the date
of receipt of that special message. If the Committee on
Appropriations fails to report the bill within that period,
that committee shall be automatically discharged from
consideration of the bill, and the bill shall be placed on the
appropriate calendar.
``(C) A vote on final passage of the bill referred to in
subparagraph (B) shall be taken in the House of Representatives
on or before the close of the 10th legislative day of that
House after the date of the introduction of the bill in that
House. If the bill is passed, the Clerk of the House of
Representatives shall cause the bill to be engrossed,
certified, and transmitted to the Senate within one calendar
day of the day on which the bill is passed.
``(2)(A) A motion in the House of Representatives to
proceed to the consideration of a bill under this section shall
be highly privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the House of Representatives on a bill
under this section shall not exceed 4 hours, which shall be
divided equally between those favoring and those opposing the
bill. A motion further to limit debate shall not be debatable.
It shall not be in order to move to recommit a bill under this
section or to move to reconsider the vote by which the bill is
agreed to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill under this section shall be
decided without debate.
``(3)(A) A bill transmitted to the Senate pursuant to
paragraph (1)(C) shall be referred to its Committee on
Appropriations. The committee shall report the bill without
substantive revision and with or without recommendation. The
bill shall be reported not later than the seventh legislative
day of the Senate after it receives the bill. A committee
failing to report the bill within such period shall be
automatically discharged from consideration of the bill, and
the bill shall be placed upon the appropriate calendar.
``(B) A vote on final passage of a bill transmitted to the
Senate shall be taken on or before the close of the 10th
legislative day of the Senate after the date on which the bill
is transmitted.
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill under this section shall be privileged
and not debatable. An amendment to the motion shall not be in
order, nor shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
``(B) Debate in the Senate on a bill under this section,
and all debatable motions and appeals in connection therewith,
shall not exceed 10 hours. The time shall be equally divided
between, and controlled by, the majority leader and the
minority leader or their designees.
``(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill under this section shall be
limited to not more than 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the bill,
except that in the event the manager of the bill is in favor of
any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee.
Such leaders, or either of them, may, from time under their
control on the passage of a bill, allot additional time to any
Senator during the consideration of any debatable motion or
appeal.
``(D) A motion in the Senate to further limit debate on a
bill under this section is not debatable. A motion to recommit
a bill under this section is not in order.
``(d) Amendments and Divisions Prohibited.--No amendment to a bill
considered under this section shall be in order in either the House of
Representatives or the Senate. It shall not be in order to demand a
division of the question in the House of Representatives (or in a
Committee of the Whole) or in the Senate. No motion to suspend the
application of this subsection shall be in order in either House, nor
shall it be in order in either House to suspend the application of this
subsection by unanimous consent.
``(e) Requirement To Make Available for Obligation.--Any amount of
budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the earlier of--
``(1) the day after the date upon which the House of
Representatives defeats the bill transmitted with that special
message rescinding the amount proposed to be rescinded; or
``(2) the day after the date upon which the Senate rejects
a bill that makes rescissions to carry out the applicable
special message of the President.
``(f) Definitions.--For purposes of this section--
``(1) the term `appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing appropriations;
and
``(2) the term `legislative day' means, with respect to
either House of Congress, any calendar day during which that
House is in session.''.
(b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
(1) by striking ``and 1017'' in subsection (a) and
inserting ``1013, and 1018''; and
(2) by striking ``section 1017'' in subsection (d) and
inserting ``sections 1013 and 1018''.
(c) Conforming Amendments.--
(1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
(A) in paragraph (4), by striking ``1013'' and
inserting ``1014''; and
(B) in paragraph (5)--
(i) by striking ``1016'' and inserting
``1017''; and
(ii) by striking ``1017(b)(1)'' and
inserting ``1018(b)(1)''.
(2) Section 1015 of such Act (2 U.S.C. 685) (as
redesignated by section 2(a)) is amended--
(A) by striking ``1012 or 1013'' each place it
appears and inserting ``1012, 1013, or 1014'';
(B) in subsection (b)(1), by striking ``1012'' and
inserting ``1012 or 1013'';
(C) in subsection (b)(2), by striking ``1013'' and
inserting ``1014''; and
(D) in subsection (e)(2)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by striking ``1013'' in subparagraph
(C) (as so redesignated) and inserting
``1014''; and
(iv) by inserting after subparagraph (A)
the following new subparagraph:
``(B) he has transmitted a special message under
section 1013 with respect to a proposed rescission;
and''.
(3) Section 1016 of such Act (2 U.S.C. 686) (as
redesignated by section 2(a)) is amended by striking ``1012 or
1013'' each place it appears and inserting ``1012, 1013, or
1014''.
(d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
(1) by redesignating the items relating to sections 1013
through 1017 as items relating to sections 1014 through 1018;
and
(2) by inserting after the item relating to section 1012
the following new item:
``Sec. 1013. Expedited consideration of certain proposed
rescissions.''.
SEC. 3. APPLICATION.
(a) In General.--Section 1013 of the Congressional Budget and
Impoundment Control Act of 1974 (as added by section 2) shall apply to
amounts of budget authority provided by appropriation Acts (as defined
in subsection (f) of such section) that are enacted during the One
Hundred Fifth Congress and thereafter.
(b) Special Transition Rule.--Within 3 calendar days after the
beginning of a Congress, the President may retransmit a special
message, in the manner provided in section 1013(b) of the Congressional
Budget and Impoundment Control Act of 1974 (as added by section 2),
proposing to rescind only those amounts of budget authority that were
contained in any special message to the immediately preceding Congress
which that Congress failed to consider because of its sine die
adjournment before the close of the time period set forth in such
section 1013 for consideration of those proposed rescissions. A draft
bill shall accompany that special message that, if enacted, would only
rescind that budget authority. Before the close of the second
legislative day of the House of Representatives after the date of
receipt of that special message, the majority leader or minority leader
of the House of Representatives shall introduce (by request) the draft
bill accompanying that special message. If the bill is not introduced
as provided in the preceding sentence, then, on the third legislative
day of the House of Representatives after the date of receipt of that
special message, any Member of that House may introduce the bill. The
House of Representatives and the Senate shall proceed to consider that
bill in the manner provided in such section 1013. | Expedited Rescissions Act of 1997 - Amends the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of certain proposed rescissions of budget authority. | {"src": "billsum_train", "title": "Expedited Rescissions Act of 1997"} | 2,890 | 50 | 0.5932 | 1.427657 | 0.604506 | 3.833333 | 85.766667 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Security Officer Employment
Standards Act of 2002''.
SEC. 2. FINDINGS.
Congress finds that--
(1) employment of private security officers in the United
States is growing rapidly;
(2) private security officers function as an adjunct to,
but not a replacement for, public law enforcement by helping to
reduce and prevent crime;
(3) such private security officers protect individuals,
property, and proprietary information, and provide protection
to such diverse operations as banks, hospitals, research and
development centers, manufacturing facilities, defense and
aerospace contractors, high technology businesses, nuclear
power plants, chemical companies, oil and gas refineries,
airports, communication facilities and operations, office
complexes, schools, residential properties, apartment
complexes, gated communities, and others;
(4) sworn law enforcement officers provide significant
services to the citizens of the United States in its public
areas, and are supplemented by private security officers;
(5) the threat of additional terrorist attacks requires
cooperation between public and private sectors and demands
professional security officers for the protection of people,
facilities, and institutions;
(6) the trend in the Nation toward growth in such security
services has accelerated rapidly;
(7) such growth makes available more public sector law
enforcement officers to combat serious and violent crimes;
(8) the American public deserves the employment of
qualified, well-trained private security personnel as an
adjunct to sworn law enforcement officers;
(9) private security officers and applicants for private
security officer positions should be thoroughly screened and
trained; and
(10) standards are essential for the selection, training,
and supervision of qualified security personnel providing
security services.
SEC. 3. DEFINITIONS.
In this Act:
(1) Employee.--The term ``employee'' includes both a
current employee and an applicant for employment.
(2) Authorized employer.--The term ``authorized employer''
means any person that--
(A) provides, as an independent contractor, for
consideration, the services of private security
officers; and
(B) is authorized by the Attorney General to obtain
information provided by the State or other authorized
entity pursuant to this section.
(3) Private security officer.-- The term ``private security
officer''--
(A) means an individual who performs security
services, full- or part-time, for consideration as an
independent contractor or an employee, whether armed or
unarmed and in uniform or plain clothes, whose primary
duty is to perform security services; but
(B) does not include--
(i) sworn police officers who have law
enforcement powers in the State;
(ii) employees whose duties are primarily
internal audit or credit functions;
(iii) an individual on active duty in the
military service;
(iv) employees of electronic security
system companies acting as technicians or
monitors; or
(v) employees whose duties primarily
involve the secure movement of prisoners.
(4) Security services.--The term ``security services''
means the performance of security services as such services are
defined by regulations promulgated by the Attorney General.
SEC. 4. BACKGROUND CHECKS.
(a) In General.--
(1) Submission of fingerprints.--An authorized employer may
submit fingerprints or other means of positive identification
of an employee of such employer for purposes of a background
check pursuant to this Act.
(2) Employee rights.--
(A) Permission.--An authorized employer shall
obtain written consent from an employee to submit the
request for a background check of the employee under
this Act.
(B) Access.--An employee shall be provided
confidential access to information relating to the
employee provided pursuant to this Act to the
authorized employer.
(3) Providing records.--Upon receipt of a background check
request from an authorized employer, submitted through the
State identification bureau or other entity authorized by the
Attorney General, the Attorney General shall--
(A) search the appropriate records of the Criminal
Justice Information Services Division of the Federal
Bureau of Investigation; and
(B) promptly provide any identification and
criminal history records resulting from the background
checks to the submitting State identification bureau or
other entity authorized by the Attorney General.
(4) Frequency of requests.--An employer may request a
background check for an employee only once every 12 months of
continuous employment by that employee unless the employer has
good cause to submit additional requests.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall issue such final or
interim final regulations as may be necessary to carry out this Act,
including--
(1) measures relating to the security, confidentiality,
accuracy, use, submission, dissemination, and destruction of
information and audits, and recordkeeping;
(2) standards for qualification as an authorized employer;
and
(3) the imposition of reasonable fees necessary for
conducting the background checks.
(c) Criminal Penalty.--Whoever falsely certifies that he meets the
applicable standards for an authorized employer or who knowingly and
intentionally uses any information obtained pursuant to this Act other
than for the purpose of determining the suitability of an individual
for employment as a private security officer shall be fined not more
than $50,000 or imprisoned for not more than 2 years, or both.
(d) User Fees.--
(1) In general.--The Director of the Federal Bureau of
Investigation may--
(A) collect fees pursuant to regulations
promulgated under subsection (b) to process background
checks provided for by this Act;
(B) notwithstanding the provisions of section 3302
of title 31, United States Code, retain and use such
fees for salaries and other expenses incurred in
providing such processing; and
(C) establish such fees at a level to include an
additional amount to remain available until expended to
defray expenses for the automation of fingerprint
identification and criminal justice information
services and associated costs.
(2) State costs.--Nothing in this Act shall be construed as
restricting the right of a State to assess a reasonable fee on
an authorized employer for the costs to the State of
administering this Act.
(e) State Opt Out.--A State may decline to participate in the
background check system authorized by this Act by enacting a law
providing that the State is declining to participate pursuant to this
subsection.
(f) State Standards and Information Provided to Employer.--
(1) Absence of state standard.--If a State participates in
the background check system authorized by this Act and has no
State standard for qualification to be a private security
officer, the State shall notify an authorized employer whether
or not an employee has been convicted of a felony, an offense
involving dishonesty or false statement if the conviction
occurred during the previous 10 years, or an offense involving
the use or attempted use of physical force against the person
of another if the conviction occurred during the previous 10
years.
(2) State standard.--If a State participates in the
background check system authorized by this Act and has State
standards for qualification to be a private security officer,
the State shall use the information received pursuant to this
Act in applying the State standard and shall notify the
employer of the results. | Private Security Officer Employment Standards Act of 2002 - Permits an authorized employer of private security officers to submit fingerprints or other means of positive identification of an employee or an applicant for a background check. Requires: (1) an employer to obtain an employee's written consent to submit the background check request; and (2) that an employee be provided confidential access to information relating to the employee provided to the employer.Directs the Attorney General, upon receipt of such a request submitted through the State identification bureau or other authorized entity, to search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation (FBI) and to provide any identification and criminal history records.Limits requests to once every 12 months of continuous employment unless the employer has good cause to submit additional requests.Prescribes criminal penalties for falsely certifying compliance with applicable employer standards or for intentionally using information obtained for purposes other than determining suitability for employment as a private security officer.Authorizes: (1) the FBI Director to collect fees to process background checks; and (2) a State to opt out from participation in the background check system.Sets forth provisions regarding State notification of authorized employers. | {"src": "billsum_train", "title": "A bill to permit reviews of criminal records of applicants for private security officer employment."} | 1,542 | 251 | 0.413618 | 1.207999 | 0.810937 | 3.026316 | 6.539474 | 0.912281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Reserve Audit and
Accountability Act''.
SEC. 2. APPOINTMENT OF FEDERAL RESERVE BANK PRESIDENTS BY THE PRESIDENT
BY AND WITH THE CONSENT OF THE SENATE.
(a) In General.--Section 4 of the Federal Reserve Act is amended by
inserting after the 4th undesignated paragraph (12 U.S.C. 341; relating
to general corporate powers) the following new subsection:
``(e) Bank Presidents and 1st Vice Presidents.--
``(1) Appointment of president.--The President shall
appoint, by and with the consent of the Senate, a president for
each Federal reserve bank.
``(2) Appointment of 1st vice president.--The president of
each Federal reserve bank shall appoint a first vice president
for the bank.
``(3) Terms.--The president and first vice president shall
be appointed for terms of 5 years.
``(4) Duty of president.--The president of a Federal
reserve bank shall be the chief executive officer of the bank.
``(5) Duty of 1st vice president.--In addition to any other
duties of the first vice president of a Federal reserve bank,
the first vice president shall, in the absence or disability of
the president or during a vacancy in the office of president,
serve as chief executive officer of the bank.
``(6) Vacancy.--Whenever a vacancy shall occur in the
office of the president or the first vice president, it shall
be filled in the manner provided for the original appointment
and the person so appointed shall hold office until the
expiration of the term to which such person's predecessor was
appointed.''.
(b) Transition.--
(1) President.--The first appointment of the president for
each Federal reserve bank which is made in accordance with the
amendment made by subsection (a) shall take place upon the
earlier of--
(A) the expiration of the term of the president of
the bank who is serving in such office on the date of
the enactment of this Act; or
(B) the occurrence of the first vacancy in the
office of president of the bank after the date of the
enactment of this Act.
(2) 1st vice president.--Notwithstanding any provision of
the Federal Reserve Act, the term of the first vice president
of any Federal reserve bank who was appointed to such position
before the date of the enactment of this Act shall end as of
the date on which the president of the bank is first appointed
in accordance with the amendment made by subsection (a) and a first
vice president shall be appointed in the manner provided by such
amendment.
(c) Technical and Conforming Amendment.--The subdivision designated
``Fifth.'' of the 4th undesignated paragraph of section 4 of the
Federal Reserve Act (12 U.S.C. 341) is amended--
(1) in the 1st sentence, by striking ``a president, vice
presidents, and''; and
(2) by striking the 2d, 3d, and 4th sentences and inserting
the following new sentence: ``All executive officers and all
employees of the bank shall be directly responsible to the
president of the bank.''.
SEC. 3. GAO AUDITS OF FEDERAL RESERVE BOARD AND FEDERAL RESERVE BANKS
REQUIRED; ITEMIZED BUDGETS.
(a) Removal of Limitation on GAO Audits.--Section 714(b) of title
31, United States Code, is amended by striking the 2d sentence and
inserting the following new sentence: ``In the case of any audit of the
Board of Governors of the Federal Reserve System or any Federal reserve
bank pursuant to the preceding sentence, the audit may not include
transactions for or with a foreign central bank, government of a
foreign country, or nonprivate international financing organization or
any part of any discussion or communication among or between members of
the Board of Governors of the Federal Reserve System or officers or
employees of such Board which is related to any such transaction.''.
(b) GAO Audit of Cash Vaults.--Section 714 of title 31, United
States Code, is amended by adding at the end the following new
subsection:
``(e) Audit of Federal Reserve System Vault Facilities.--
``(1) In general.--The Comptroller General of the United
States shall audit the vault facilities of the Board of
Governors of the Federal Reserve System and each Federal
reserve bank at least once every 3 years to determine if a
system of proper internal controls is being maintained with
respect to each such facility.
``(2) Examination of reports of independent auditors.--The
Comptroller General shall regularly examine the reports of
independent auditors who examine any vault facility referred to
in paragraph (1) to determine if such audits have been properly
performed.
``(3) Report of significant problems.--The Comptroller
General shall report any significant problem discovered with
regard to any vault facility referred to in paragraph (1) or
any audit described in paragraph (2) to--
``(A) the Board of Governors of the Federal Reserve
System;
``(B) the Inspector General of the Federal Reserve
System; and
``(C) the chairperson and the ranking minority
member of the Committee on Banking and Financial
Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.''.
(c) Itemized Budgets.--The Federal Reserve Act (12 U.S.C. 221 et
seq.) is amended by inserting after section 11A the following new
section:
``SEC. 11B. ITEMIZED BUDGETS.
``(a) In General.--During the first 15 days of each regular session
of Congress, the estimated receipts and proposed expenditures of the
Board of Governors of the Federal Reserve System and all Federal
Reserve Banks for the following fiscal year and the 2 succeeding fiscal
years shall be transmitted to the Congress.
``(b) Form of Budget.--The budget submitted pursuant to subsection
(a) shall be transmitted in the same form and shall meet the same
requirements, other than the requirement relating to the budget
message, as the budget of the United States Government transmitted in
accordance with section 1105 of title 31, United States Code.''.
SEC. 4. PROMPT PUBLIC DISCLOSURE OF OPEN MARKET COMMITTEE MEETINGS.
Section 12A of the Federal Reserve Act (12 U.S.C. 263) is amended
by adding at the end the following new subsection:
``(d) Prompt Public Disclosures of Meetings.--
``(1) Transcription of each meeting.--Subject to paragraph
(3), a written verbatim transcript of the discussion at each
meeting of the Federal Open Market Committee shall be
maintained by the Board and made available to the public before
the end of the 1-year period beginning on the date of the
meeting and shall be treated as a Government publication for
purposes of making such material available to depository
libraries through the facilities of the Superintendent of
Documents in accordance with chapter 19 of title 41, United
States Code.
``(2) Prompt disclosure of policy actions.--An explicit,
written description of any determination, decision, directive,
or other conclusion made by the Federal Open Market Committee
at any meeting of the committee, including any directive or
instruction sent to any Federal reserve bank or Federal reserve
agent in connection with any open market operation, shall be
made available to the public by the end of the 1-hour period
beginning at the time the Board or any such bank or agent
begins to implement any such determination, decision,
directive, conclusion, directive, or instruction.
``(3) Limited redaction authority.--
``(A) In general.--No verbatim transcript made
available to the public pursuant to paragraph (1) may
be redacted in any way other than to redact a specific
reference to a foreign central bank.
``(B) Compliance audit.--The Comptroller General of
the United States shall periodically audit compliance
by the Board with the requirements of subparagraph (A).
``(4) Release of prior transcripts.--All transcripts
maintained by the Board of any meeting of the Federal Open
Market Committee which was held more than 1 year before the
date of the enactment of the Federal Reserve Audit and
Accountability Act shall be made available to the public in the
manner provided under paragraph (1) no later than December 31,
1997.
``(5) Meeting includes executive session.--For purposes of
this subsection, the term `meeting' includes any executive
session of the Federal Open Market Committee or any informal
meeting, teleconference call, or other occasion at which a
quorum of the members of the committee are participating.''.
SEC. 23. PRESIDENTIALLY APPOINTED INSPECTOR GENERAL FOR FEDERAL RESERVE
SYSTEM.
(a) Amendments to the Inspector General Act of 1978.--The Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 11--
(A) in paragraph (1), by inserting ``the Chairman
of the Board of Governors of the Federal Reserve
System;'' after ``the Chairperson of the Federal
Deposit Insurance Corporation;''; and
(B) in paragraph (2), by inserting ``the Board of
Governors of the Federal Reserve System,'' after ``the
Federal Deposit Insurance Corporation,'';
(2) by redesignating section 8H as 8I and inserting after
section 8G the following new section:
``SEC. 8H. SPECIAL PROVISIONS CONCERNING THE FEDERAL RESERVE BOARD.
``(a) Delegation.--The Chairman of the Board of Governors of the
Federal Reserve System may delegate the authority specified in the
second sentence of section 3(a) to the Vice Chairman of the Board of
Governors of the Federal Reserve System, but may not delegate such
authority to any other officer or employee of the Board or any Federal
reserve bank.
``(b) Personnel.--Notwithstanding paragraphs (7) and (8) of section
6(a), the Inspector General of the Board of Governors of the Federal
Reserve System may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions, powers,
and duties of the Office of Inspector General and to obtain the
temporary or intermittent services of experts or consultants or an
organization of experts or consultants, subject to the applicable laws
and regulations that govern such selections, appointments, and
employment, and the obtaining of such services, with the Federal
Reserve System.
``(c) Clarification of Authority.--The authority of the Inspector
General of the Board of Governors of the Federal Reserve System extends
to the conditions, operations, and all facilities of the Federal
reserve banks.'';
(3) in section 8I, as so redesignated, by striking ``or
8E'' and inserting ``8E, or 8H''; and
(4) in section 8G(a)(2), by striking ``the Board of
Governors of the Federal Reserve System,''.
(b) Position at Level IV of the Executive Schedule.--Section 5315
of title 5, United States Code, is amended by inserting after
``Inspector General, Federal Deposit Insurance Corporation.'' the
following:
``Inspector General, Board of Governors of the Federal
Reserve System.''.
(c) Transition Period.--
(1) Current service.--Except as otherwise provided by law,
the individual serving as the Inspector General of the Board of
Governors of the Federal Reserve System before the date of
enactment of this Act may continue to serve in such position
until the earlier of--
(A) the date on which the President appoints a
successor under section 3(a) of the Inspector General
Act of 1978; or
(B) the date which is 6 months after the date of
enactment of this Act.
(2) Definition.--For purposes of paragraph (1), the term
``successor'' may include the individual holding the position
of Inspector General of the Board of Governors of the Federal
Reserve System on or after the date of enactment of this Act. | Federal Reserve Audit and Accountability Act - Amends the Federal Reserve Act to declare that the president and first vice-president of each Federal reserve bank shall be appointed by the President, with the consent of the Senate. (Currently such appointment authority is exercised by each Federal reserve bank's board of directors.)
Amends Federal law to remove specified limitations placed upon General Accounting Office audits of the Federal Reserve Board and Federal reserve banks. Directs the Comptroller General to audit at least triennially the vault facilities of the Board of Governors of the Federal Reserve System (the Board).
Requires the Board and all Federal reserve banks to transmit their estimated receipts and proposed expenditures to the Congress during the first 15 days of each regular session.
Mandates prompt public disclosure of Federal Open Market Committee meetings and actions, including policy actions and prior transcripts.
Amends the Inspector General Act of 1978 to establish for the Board an Office of the Inspector General, with the Inspector General appointed by the President, subject to Senate advice and consent. Permits the Chairman of the Board to delegate authority for general supervision of the Inspector General to the Vice Chairman, but to no one else. Declares that the Inspector General's authority extends to the conditions, operations, and all facilities of the Federal reserve banks. | {"src": "billsum_train", "title": "Federal Reserve Audit and Accountability Act"} | 2,710 | 277 | 0.541743 | 1.377988 | 0.722036 | 3.116 | 9.752 | 0.884 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Preservation Matching Grant
Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) more than 55,300 affordable housing dwelling units in
the United States have been lost through termination of low
income affordability requirements, which usually involves the
prepayment of the outstanding principal balance under the
mortgage on the project in which such units are located;
(2) more than 265,000 affordable housing dwelling units in
the United States are currently at risk of prepayment;
(3) the loss of the privately owned, federally assisted
affordable housing, which is occurring during a period when
rents for unassisted housing are increasing and few units of
additional affordable housing are being developed, will cause
unacceptable harm on current tenants of affordable housing and
will precipitate a national crisis in the supply of housing for
low-income households;
(4) the demand for affordable housing far exceeds the
supply of such housing, as evidenced by studies in 1998 that
found that--
(A) 5,300,000 households (one-seventh of all
renters in the Nation) have worst-case housing needs;
and
(B) the number of families with at least one full-
time worker and having worst-case housing needs
increased from 1991 to 1995 by 265,000 (24 percent) to
almost 1,400,000;
(5) the shortage of affordable housing in the United States
reached a record high in 1995, when the number of low-income
households exceeded the number of low-cost rental dwelling
units by 4,400,000;
(6) between 1990 and 1995, the shortage of affordable
housing in the United States increased by 1,000,000 dwelling
units, as the supply of low-cost units decreased by 100,000 and
the number of low-income renter households increased by
900,000;
(7) there are nearly 2 low-income renters in the United
States for every low-cost rental dwelling unit;
(8) 2 of every 3 low-income renters receive no housing
assistance and about 2,000,000 low-income households remain on
waiting lists for affordable housing;
(9) the shortage of affordable housing dwelling units
results in low-income households that are not able to acquire
low-cost rental units paying large proportions of their incomes
for rent; and
(10) in 1995, 82 percent of low-income renter households
were paying more than 30 percent of their incomes for rent and
utilities.
(b) Purpose.--It is the purpose of this Act--
(1) to promote the preservation of affordable housing units
by providing matching grants to States that have developed and
funded programs for the preservation of privately owned housing
that is affordable to low-income families and persons and was
produced for such purpose with Federal assistance;
(2) to minimize the involuntary displacement of tenants who
are currently residing in such housing, many of whom are
elderly or disabled persons; and
(3) to continue the partnerships among the Federal
Government, State and local governments, and the private sector
in operating and assisting housing that is affordable to low-
income Americans.
SEC. 3. AUTHORITY.
The Secretary of Housing and Urban Development shall, to the
extent amounts are made available pursuant to section 11, make grants
under this Act to States for low-income housing preservation.
SEC. 4. USE OF GRANTS.
(a) In General.--Amounts from grants under this Act may be used
only for assistance for acquisition, preservation incentives, operating
costs, and capital expenditures for a housing project that meets the
requirements under subsection (b), (c), or (d).
(b) Projects With Hud-Insured Mortgages.--A project meets the
requirements under this subsection only if--
(1) the project is financed by a loan or mortgage that is--
(A) insured or held by the Secretary under section
221(d)(3) of the National Housing Act and receiving
loan management assistance under section 8 of the
United States Housing Act of 1937 due to a conversion
from section 101 of the Housing and Urban Development
Act of 1965;
(B) insured or held by the Secretary and bears
interest at a rate determined under the proviso of
section 221(d)(5) of the National Housing Act;
(C) insured, assisted, or held by the Secretary or
a State or State agency under section 236 of the
National Housing Act; or
(D) held by the Secretary and formerly insured
under a program referred to in subparagraph (A), (B),
or (C);
(2) the project is subject to an unconditional waiver of,
with respect to the mortgage referred to in paragraph (1)--
(A) all rights to any prepayment of the mortgage;
and
(B) all rights to any voluntary termination of the
mortgage insurance contract for the mortgage; and
(3) the owner of the project has entered into binding
commitments (applicable to any subsequent owner) to extend all
low-income affordability restrictions for the project,
including any such restrictions imposed because of any contract
for project-based assistance for the project.
(c) Projects With Section 8 Project-Based Assistance.--A project
meets the requirements under this subsection only if--
(1) the project is subject to a contract for project-based
assistance; and
(2) the owner of the project has entered into binding
commitments (applicable to any subsequent owner) to extend such
assistance for the maximum period allowable under law (subject
to the availability of amounts for such purpose) and to extend
any low-income affordability restrictions applicable to the
project in connection with such assistance.
(d) Projects Purchased by Residents.--A project meets the
requirements under this subsection only if the project--
(1) is or was eligible low-income housing (as such term is
defined in section 229 of the Low-Income Housing Preservation
and Resident Homeownership Act of 1990 (42 U.S.C. 4119); and
(2) has been purchased by a resident council for the
housing or is approved by the Secretary for such purchase, for
conversion to homeownership housing under a resident
homeownership program meeting the requirements under section
226 of such Act (12 U.S.C. 4116).
(e) Combination of Assistance.--Notwithstanding subsection (a), any
project that is otherwise eligible for assistance with grant amounts
provided under this Act because the project meets the requirements
under subsection (b) or (c) and that also meets the requirements under
paragraph (1) of the other of such subsections, shall be eligible for
such assistance only if the project complies with all of the
requirements under such other subsection.
SEC. 5. GRANT AMOUNT LIMITATION.
The Secretary shall limit the portion of the aggregate amount of
grants under this Act made available for any fiscal year that may be
provided to a single State based upon the proportion of such State's
need (as determined by the Secretary) for such assistance to the
aggregate need among all States approved for such assistance for such
fiscal year.
SEC. 6. MATCHING REQUIREMENT.
(a) In General.--The Secretary may not make a grant under this Act
to any State for any fiscal year in an amount that exceeds twice the
amount that the State certifies, as the Secretary shall require, that
the State will contribute for such fiscal year, or has contributed
since January 1, 2003, from non-Federal sources for the purposes under
section 4(a).
(b) Treatment of Previous Contributions.--Any portion of amounts
contributed after January 1, 2003, that are counted for purposes of
meeting the requirement under subsection (a) for a fiscal year may not
be counted for such purposes for any subsequent fiscal year.
(c) Treatment of Tax Credits.--Tax credits provided under section
42 of the internal revenue code of 1986 and proceeds from the sale of
tax-exempt bonds by any State or local government entity shall not be
considered non-Federal sources for purposes of this section
SEC. 7. TREATMENT OF SUBSIDY LAYERING REQUIREMENTS.
Neither section 6 nor any other provision of this Act may be
construed to prevent the use of tax credits provided under section 42
of the Internal Revenue Code of 1986 in connection with housing
assisted with grant amounts provided under this Act, to the extent that
such use is in accordance with section 102(d) of the Department of
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545(d))
and section 911 of the Housing and Community Development Act of 1992
(42 U.S.C. 3545 note).
SEC. 8. APPLICATIONS.
The Secretary shall provide for States (through appropriate State
agencies) to submit applications for grants under this Act. The
Secretary shall require the applications to contain any information and
certifications necessary for the Secretary to determine whether the
State is eligible to receive such a grant.
SEC. 9. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Low-income affordability restrictions.--The term ``low-
income affordability restrictions'' means, with respect to a
housing project, any limitations imposed by regulation or
regulatory agreement on rents for tenants of the project, rent
contributions for tenants of the project, or income-eligibility
for occupancy in the project.
(2) Project-based assistance.--The term ``project-based
assistance'' has the meaning given such term in section 16(c)
of the United States Housing Act of 1937 (42 U.S.C. 1437n(c)),
except that such term includes assistance under any successor
programs to the programs referred to in such section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(4) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, and any other
territory or possession of the United States.
SEC. 10. REGULATIONS.
The Secretary may issue any regulations necessary to carry out
this Act.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for grants under this title
such sums as necessary for each of fiscal years 2003, 2004, 2005, 2006,
and 2007. | Housing Preservation Matching Grant Act of 2003 - Authorizes the Secretary of Housing and Urban Development to make matching grants to States (including the District of Columbia and U.S. commonwealths, territories, and possessions) for low-income housing preservation.Sets forth requirements for projects: (1) with Department of Housing and Urban Development-insured mortgages; (2) with section 8 assistance; or (3) purchased by the residents. | {"src": "billsum_train", "title": "To authorize the Secretary of Housing and Urban Development to make grants to States to supplement State assistance for the preservation of affordable housing for low-income families."} | 2,213 | 92 | 0.49504 | 1.298204 | 0.56225 | 2.864198 | 26.08642 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EPA Employment Impact Analysis
Act''.
SEC. 2. ANALYSIS OF EMPLOYMENT EFFECTS UNDER THE CLEAN AIR ACT.
(a) Findings.--Congress finds that--
(1) the Environmental Protection Agency has systematically
distorted the true impact of regulations promulgated by the
Environmental Protection Agency under the Clean Air Act (42
U.S.C. 7401 et seq.) on job creation by using incomplete
analyses to assess effects on employment, primarily as a result
of the Environmental Protection Agency failing to take into
account the cascading effects of a regulatory change across
interconnected industries and markets nationwide;
(2) despite the Environmental Protection Agency finding
that the impact of certain air pollution regulations will
result in net job creation, implementation of the air pollution
regulations will actually require billions of dollars in
compliance costs, resulting in reduced business profits and
millions of actual job losses;
(3)(A) the analysis of the Environmental Protection Agency
of the final rule of the Agency entitled ``National Emission
Standards for Hazardous Air Pollutants From Coal- and Oil-Fired
Electric Utility Steam Generating Units and Standards of
Performance for Fossil-Fuel-Fired Electric Utility, Industrial-
Commercial-Institutional, and Small Industrial-Commercial-
Institutional Steam Generating Units'' (77 Fed. Reg. 9304 (Feb.
16, 2012)) estimated that implementation of the final rule
would result in the creation of 46,000 temporary construction
jobs and 8,000 net new permanent jobs; but
(B) a private study conducted by NERA Economic Consulting,
using a ``whole economy'' model, estimated that implementation
of the final rule described in subparagraph (A) would result in
a negative impact on the income of workers in an amount
equivalent to 180,000 to 215,000 lost jobs in 2015 and 50,000
to 85,000 lost jobs each year thereafter;
(4)(A) the analysis of the Environmental Protection Agency
of the final rule of the Agency entitled ``Federal
Implementation Plans: Interstate Transport of Fine Particulate
Matter and Ozone and Correction of SIP Approvals'' (76 Fed.
Reg. 48208 (Aug. 8, 2011)) estimated that implementation of the
final rule would result in the creation of 700 jobs per year;
but
(B) a private study conducted by NERA Economic Consulting
estimated that implementation of the final rule described in
subparagraph (A) would result in the elimination of a total of
34,000 jobs during the period beginning in calendar year 2013
and ending in calendar year 2037;
(5)(A) the analysis of the Environmental Protection Agency
of the final rules of the Agency entitled ``National Emission
Standards for Hazardous Air Pollutants for Major Sources:
Industrial, Commercial, and Institutional Boilers and Process
Heaters'' (76 Fed. Reg. 15608 (March 21, 2011)) and ``National
Emission Standards for Hazardous Air Pollutants for Area
Sources: Industrial, Commercial, and Institutional Boilers''
(76 Fed. Reg. 15554 (March 21, 2011)) estimated that
implementation of the final rules would result in the creation
of 2,200 jobs per year; but
(B) a private study conducted by NERA Economic Consulting
estimated that implementation of the final rules described in
subparagraph (A) would result in the elimination of 28,000 jobs
per year during the period beginning in calendar year 2013 and
ending in calendar year 2037;
(6) implementation of certain air pollution rules of the
Environmental Protection Agency that have not been reviewed,
updated, or finalized as of the date of enactment of this Act,
such as regulations on greenhouse gas emissions and the update
or review of national ambient air quality standards, are
predicted to result in significant and negative employment
impacts, but the Agency has not yet fully studied or disclosed
the full impacts of existing Agency regulations;
(7) in reviewing, developing, or updating any regulations
promulgated under the Clean Air Act (42 U.S.C. 7401 et seq.)
after the date of enactment of this Act, the Environmental
Protection Agency must be required to accurately disclose the
adverse impact the existing regulations of the Agency will have
on jobs and employment levels across the economy in the United
States and disclose those impacts to the American people before
issuing a final rule; and
(8) although since 1977, section 321(a) of the Clean Air
Act (42 U.S.C. 7621(a)) has required the Administrator of the
Environmental Protection Agency to ``conduct continuing
evaluations of potential loss or shifts of employment which may
result from the administration or enforcement of the provision
of [the Clean Air Act] and applicable implementation plans,
including where appropriate, investigating threatened plant
closures or reductions in employment allegedly resulting from
such administration or enforcement'', the Environmental
Protection Agency has failed to undertake that analysis or
conduct a comprehensive study that considers the impact of
programs carried out under the Clean Air Act (42 U.S.C. 7401 et
seq.) on jobs and changes in employment.
(b) Prohibition.--The Administrator of the Environmental Protection
Agency shall not propose or finalize any major rule (as defined in
section 804 of title 5, United States Code) under the Clean Air Act (42
U.S.C. 7401 et seq.) until after the date on which the Administrator--
(1) completes an economy-wide analysis capturing the costs
and cascading effects across industry sectors and markets in
the United States of the implementation of major rules
promulgated under the Clean Air Act (42 U.S.C. 7401 et seq.);
and
(2) establishes a process to update that analysis not less
frequently than semiannually, so as to provide for the
continuing evaluation of potential loss or shifts in
employment, pursuant to section 321(a) of the Clean Air Act (42
U.S.C. 7621(a)), that may result from the implementation of
major rules under the Clean Air Act (42 U.S.C. 7401 et seq.). | EPA Employment Impact Analysis Act - Prohibits the Administrator of the Environmental Protection Agency (EPA) from proposing or finalizing any major rule under the Clean Air Act (CAA) until after the Administrator: (1) completes an economy-wide analysis capturing the costs and effects across industry sectors and markets in the United States of the implementation of major rules promulgated under the CAA; and (2) establishes a process to update such analysis at least semiannually, in order to provide for the currently required continuing evaluation of potential loss or shifts in employment. | {"src": "billsum_train", "title": "EPA Employment Impact Analysis Act"} | 1,345 | 121 | 0.513103 | 1.435153 | 0.629641 | 5.336538 | 11.461538 | 0.913462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmacy Education Aid Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Pharmacists are an important link in our Nation's
health care system. A critical shortage of pharmacists is
threatening the ability of pharmacies to continue to provide
important prescription related services.
(2) In the landmark report entitled ``To Err is Human:
Building a Safer Health System'', the Institute of Medicine
reported that medication errors can be partially attributed to
factors that are indicative of a shortage of pharmacists (such
as too many customers, numerous distractions, and staff
shortages).
(3) Congress acknowledged in the Healthcare Research and
Quality Act of 1999 (Public Law 106-129) a growing demand for
pharmacists by requiring the Secretary of Health and Human
Services to conduct a study to determine whether there is a
shortage of pharmacists in the United States and, if so, to
what extent.
(4) As a result of Congress' concern about how a shortage
of pharmacists would impact the public health, the Secretary of
Health and Human Services published a report entitled ``The
Pharmacist Workforce: A Study in Supply and Demand for
Pharmacists'' in December of 2000.
(5) ``The Pharmacist Workforce: A Study in Supply and
Demand for Pharmacists'' found that ``While the overall supply
of pharmacists has increased in the past decade, there has been
an unprecedented demand for pharmacists and for pharmaceutical
care services, which has not been met by the currently
available supply'' and that the ``evidence clearly indicates
the emergence of a shortage of pharmacists over the past two
years''.
(6) The same study also found that ``The factors causing
the current shortage are of a nature not likely to abate in the
near future without fundamental changes in pharmacy practice
and education.'' The study projects that the number of
prescriptions filled by community pharmacists will increase by
20 percent by 2004. In contrast, the number of community
pharmacists is expected to increase by only 6 percent by 2005.
(7) Regarding access to pharmacy services in rural areas,
the study found that ``Remoteness, isolation from other
professionals, lower economic returns, reduced opportunities
for advancement, and other rural practice characteristics
remain obstacles'' to attracting pharmacists.
(8) The demand for pharmacists will increase as
prescription drug use continues to grow.
SEC. 3. HEALTH PROFESSIONS PROGRAMS RELATED TO THE PRACTICE OF
PHARMACY.
Part E of title VII of the Public Health Service Act (42 U.S.C.
294n et seq.) is amended by adding at the end the following:
``Subpart 3--Pharmacy Workforce Development
``SEC. 781. LOAN REPAYMENT PROGRAM FOR PHARMACISTS SERVING IN CRITICAL
SHORTAGE FACILITIES.
``(a) In General.--In the case of any individual--
``(1) who has received a baccalaureate degree in pharmacy
or a Doctor of Pharmacy degree from an accredited program;
``(2) who obtained an educational loan for pharmacy
education costs; and
``(3) who is licensed without restrictions in the State in
which the designated health care facility is located;
the Secretary may enter into an agreement with such individual who
agrees to serve as a full-time pharmacist for a period of not less than
2 years at a designated health care facility, to make payments in
accordance with subsection (b), for and on behalf of that individual,
on the principal of and interest on any loan of that individual
described in paragraph (2) which is outstanding on the date the
individual begins such service.
``(b) Manner of Payments.--
``(1) In general.--The payments described in subsection (a)
may consist of payment, in accordance with paragraph (2), on
behalf of the individual of the principal, interest, and
related expenses on government and commercial loans received by
the individual regarding the undergraduate or graduate
education of the individual (or both), which loans were made
for--
``(A) tuition expenses;
``(B) all other reasonable educational expenses,
including fees, books, and laboratory expenses,
incurred by the individual; or
``(C) reasonable living expenses as determined by
the Secretary.
``(2) Payments for years served.--
``(A) In general.--For each year of obligated
service that an individual contracts to serve under
subsection (a) the Secretary may pay up to $35,000 on
behalf of the individual for loans described in
paragraph (1). In making a determination of the amount
to pay for a year of such service by an individual, the
Secretary shall consider the extent to which each such
determination--
``(i) affects the ability of the Secretary
to maximize the number of agreements that may
be provided under this section from the amounts
appropriated for such agreements;
``(ii) provides an incentive to serve in
areas with the greatest shortages of
pharmacists; and
``(iii) provides an incentive with respect
to the pharmacist involved remaining in the
area and continuing to provide pharmacy
services after the completion of the period of
obligated service under agreement.
``(B) Repayment schedule.--Any arrangement made by
the Secretary for the making of loan repayments in
accordance with this subsection shall provide that any
repayments for a year of obligated service shall be
made not later than the end of the fiscal year in which
the individual completes such year of service.
``(3) Tax liability.--For the purpose of providing
reimbursements for tax liability resulting from payments under
paragraph (2) on behalf of an individual--
``(A) the Secretary shall, in addition to such
payments, make payments to the individual in an amount
equal to 39 percent of the total amount of loan
repayments made for the taxable year involved; and
``(B) may make such additional payments as the
Secretary determines to be appropriate with respect to
such purpose.
``(4) Payment schedule.--The Secretary may enter into an
agreement with the holder of any loan for which payments are
made under this section to establish a schedule for the making
of such payments.
``(c) Preferences.--In entering into agreements under subsection
(a), the Secretary shall give preference to qualified applicants with
the greatest financial need.
``(d) Reports.--
``(1) Annual report.--Not later than 18 months after the
date of enactment of the Pharmacy Education Aid Act, and
annually thereafter, the Secretary shall prepare and submit to
Congress a report describing the program carried out under this
section, including statements regarding--
``(A) the number of applicants and contract
recipients;
``(B) the amount of loan repayments made;
``(C) which educational institution the recipients
attended;
``(D) the number and practice locations of the loan
repayment recipients at health care facilities with a
critical shortage of pharmacists;
``(E) the default rate and actions required;
``(F) the amount of outstanding default funds of
the loan repayment program;
``(G) to the extent that it can be determined, the
reason for the default;
``(H) the demographics of the individuals
participating in the loan repayment program; and
``(I) an evaluation of the overall costs and
benefits of the program.
``(2) 5-year report.--Not later than 5 years after the date
of enactment of the Pharmacy Education Aid Act, the Secretary
shall prepare and submit to Congress a report on how the
program carried out under this section interacts with other
Federal loan repayment programs for pharmacists and determining
the relative effectiveness of such programs in increasing
pharmacists practicing in underserved areas.
``(e) Application of Certain Provisions.--
``(1) In general.--The provisions of section 338C, 338G,
and 338I shall apply to the program established under this
section in the same manner and to the same extent as such
provisions apply to the National Health Service Corps Loan
Repayment Program under subpart III of part D of title III,
including the applicability of provisions regarding
reimbursements for increased tax liability and bankruptcy.
``(2) Breach of agreement.--An individual who enters into
an agreement under subsection (a) shall be liable to the
Federal Government for the amount of the award under such
agreement (including amounts provided for expenses related to
such attendance), and for interest on such amount at the
maximum legal prevailing rate, if the individual fails to
provide health services in accordance with the program under
this section for the period of time applicable under the
program.
``(3) Waiver or suspension of liability.--In the case of an
individual or health facility making an agreement for purposes
of subsection (a), the Secretary shall provide for the waiver
or suspension of liability under paragraph (2) if compliance by
the individual or the health facility, as the case may be, with
the agreement involved is impossible, or would involve extreme
hardship to the individual or facility, and if enforcement of
the agreements with respect to the individual or facility would
be unconscionable.
``(4) Date certain for recovery.--Subject to paragraph (3),
any amount that the Federal Government is entitled to recover
under paragraph (2) shall be paid to the United States not
later than the expiration of the 3-year period beginning on the
date the United States becomes so entitled.
``(5) Availability.--Amounts recovered under paragraph (2)
with respect to a program under this section shall be available
for the purposes of such program, and shall remain available
for such purposes until expended.
``(f) Definition.--In this section, the term `health care facility'
means a facility with a critical shortage of pharmacists as determined
by the Secretary.
``(g) Authorization of Appropriations.--For the purpose of payments
under agreements entered into under subsection (a), there are
authorized to be appropriated such sums as may be necessary for each of
fiscal years 2004 through 2008.
``SEC. 782. PHARMACY FACULTY LOAN REPAYMENT PROGRAM.
``(a) Establishment of Program.--The Secretary shall establish a
program under which the Secretary will enter into contracts with
individuals described in subsection (b) and such individuals will agree
to serve as faculty members of schools of pharmacy in consideration of
the Federal Government agreeing to pay, for each year of such service,
not more than $35,000 of the principal and interest of the educational
loans of such individuals.
``(b) Eligible Individuals.--An individual is described in this
subsection if such individual--
``(1) has a baccalaureate degree in pharmacy or a Doctor of
Pharmacy degree from an accredited program; or
``(2) is enrolled as a full-time student--
``(A) in an accredited pharmacy program; and
``(B) in the final year of a course of a study or
program, offered by such institution and approved by
the Secretary, leading to a baccalaureate degree in
pharmacy or a Doctor of Pharmacy degree from such a
school.
``(c) Requirements Regarding Faculty Positions.--The Secretary may
not enter into a contract under subsection (a) unless--
``(1) the individual involved has entered into a contract
with a school of pharmacy to serve as a member of the faculty
of the school for not less than 2 years; and
``(2) the contract referred to in paragraph (1) provides
that--
``(A) the school will, for each year for which the
individual will serve as a member of the faculty under
contract with the school, make payments of the
principal and interest due on the educational loans of
the individual for such year in an amount equal to the
amount of such payments made by the Secretary for the
year;
``(B) the payments made by the school pursuant to
subparagraph (A) on behalf of the individual will be in
addition to the compensation that the individual would
otherwise receive for serving as a member of such
faculty; and
``(C) the school, in making a determination of the
amount of compensation to be provided by the school to
the individual for serving as a member of the faculty,
will make the determination without regard to the
amount of payments made (or to be made) to the
individual by the Federal Government under subsection
(a).
``(d) Applicability of Certain Provisions.--The provisions of
sections 338C, 338G, and 338I shall apply to the program established in
subsection (a) to the same extent and in the same manner as such
provisions apply to the National Health Service Corps Loan Repayment
Program established in subpart III of part D of title III, including
the applicability of provisions regarding reimbursements for increased
tax liability and regarding bankruptcy.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of fiscal years 2004 through 2008.
``SEC. 783. DEFINITIONS.
``In this subpart:
``(1) School of pharmacy.--The term `school of pharmacy'
means a college or school of pharmacy (as defined in section
799B) that, in providing clinical experience for students,
requires that the students serve in a clinical rotation in
which pharmacist services (as defined in section 331(a)(3)(E))
are provided at or for--
``(A) a medical facility that serves a substantial
number of individuals who reside in or are members of a
medically underserved community (as so defined);
``(B) an entity described in any of subparagraphs
(A) through (L) of section 340B(a)(4) (relating to the
definition of covered entity);
``(C) a health care facility of the Department of
Veterans Affairs or of any of the Armed Forces of the
United States;
``(D) a health care facility of the Bureau of
Prisons;
``(E) a health care facility operated by, or with
funds received from, the Indian Health Service; or
``(F) a disproportionate share hospital under
section 1923 of the Social Security Act.
``(2) Pharmacist services.--The term `pharmacist services'
includes drug therapy management services furnished by a
pharmacist, individually or on behalf of a pharmacy provider,
and such services and supplies furnished incident to the
pharmacist's drug therapy management services, that the
pharmacist is legally authorized to perform (in the State in
which the individual performs such services) in accordance with
State law (or the State regulatory mechanism provided for by
State law).''.
Passed the Senate November 25, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | Pharmacy Education Aid Act of 2003 - (Sec. 3) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (HHS) to make payments of up to $35,000 on behalf of a qualifying individual with a baccalaureate or doctorate pharmacy degree and a license to practice for the repayment of pharmacy education loans for each year (two-year minimum) that the individual serves in a health care facility with a critical shortage of pharmacists.
Provides for: (1) additional tax liability payments; (2) financial need preference; (3) Federal repayment by an individual who fails to provide the required health services, unless otherwise waived by the Secretary; and (4) a program report within five years of enactment of this Act.
Authorizes FY 2004 through 2008 appropriations.
Directs the Secretary to make payments of up to $35,000 on behalf of a qualifying individual with a baccalaureate or doctorate pharmacy degree or in the final year of such study for the repayment of pharmacy educational loans for each year (two-year minimum) that such person serves as a faculty member at a school of pharmacy which provides assistance to: (1) medically underserved areas; (2) prisons; (3) veterans or the armed forces; (4) the Indian Health Service; or (5) a disproportionate share hospital under the Social Security Act. States that such payments shall be in addition to regular faculty compensation.
Authorizes FY 2004 through 2008 appropriations. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act with respect to health professions programs regarding the practice of pharmacy."} | 3,235 | 320 | 0.481363 | 1.516204 | 0.631755 | 2.482517 | 10.835664 | 0.916084 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Education Tuition Support
Act of 2007'' or the ``VETS Act of 2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) There is no more important cause than the defense of
the United States.
(2) Since 2003, nearly 1,300,000 members of the Armed
Forces have served in Iraq or Afghanistan and over 420,000
members of the Armed Forces in the National Guard and Reserve
have been called to active duty.
(3) The men and women of the Armed Forces put their lives
on hold, leave their families, jobs, and postsecondary
education in order to serve the United States, and do so with
distinction.
(4) In 2005, 500,000 veterans claimed education benefits
from the Department of Veterans Affairs and approximately
47,000 of those veterans are members of the National Guard or
Reserve and recently returned from serving in the Armed Forces
in Iraq or Afghanistan.
(5) Many members of the Armed Forces depend on various
forms of financial aid in addition to their Montgomery GI Bill
benefits to help fund their college education.
(6) The 6 percent interest rate cap on all debts of members
of the Armed Forces called to active duty guaranteed by the
Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.)
has been interpreted narrowly by the Secretary of Education not
to apply to Federal student loans.
(7) Members of the Armed Forces who return from deployment
overseas in the Armed Forces and who are unable to continue
immediately a program of education that they were forced to
discontinue because of such deployment are being forced to
begin making payments on their private students loans only 1
month after such return.
(8) The transition from service in the Armed Forces in a
combat theater to a classroom is a difficult challenge and
should not be rushed merely to avoid paying back student loans.
(9) As of the date of the enactment of this Act, colleges
are not required to make reasonable accommodations for students
who are called to active duty in the Armed Forces, such as
tuition reimbursement and relaxation of requirements for
reenrollment.
(10) Members of the Armed Forces who return from deployment
overseas and attempt to reenroll in a program of education are
overwhelmed with bureaucracy.
(11) Studies have shown that symptoms of post-traumatic
stress disorder (PTSD) and other non-apparent injuries may take
up to a year to manifest.
(12) Members of the Armed Forces deserve to have at least a
full academic year to reintegrate into society before they are
required to begin paying back student loans.
(13) Members of the Armed Forces who fight to protect the
United States deserve a Government that fights to protect them.
(b) Purposes.--The purposes of this Act are--
(1) to assist members of the Armed Forces who return from a
deployment to transition from military service to civilian life
and to undertake programs of education they were forced to
discontinue because of such deployment;
(2) to provide a 13-month transition period for such
members to reenroll in such a program of education and to begin
paying back student loans undertaken for such program of
education;
(3) to institute a 6 percent interest rate cap on student
loans of a member of the Armed Forces while such member is
deployed on active duty; and
(4) to require providers of programs of education to
provide reasonable accommodations to their students who are
members of the Armed Forces and who discontinue a program of
education because of a deployment.
SEC. 3. RELIEF FOR STUDENTS WHO ARE MEMBERS OF ARMED FORCES DURING
PERIOD OF MILITARY SERVICE.
(a) In General.--Title VII of the Servicemembers Civil Relief Act
(50 U.S.C. App. 591 et seq.) is amended by adding at the end the
following new section:
``SEC. 707. TUITION, REENROLLMENT, AND STUDENT LOAN RELIEF FOR
POSTSECONDARY STUDENTS CALLED TO MILITARY SERVICE.
``(a) Tuition and Reenrollment.--Whenever a servicemember is
called, activated, or ordered to military service and withdraws or
takes a leave of absence from the institution of higher education in
which the servicemember is enrolled, the institution shall--
``(1) refund to such servicemember the tuition and fees
paid by such servicemember (other than from the proceeds of a
grant or scholarship) for the portion of the program of
education for which such servicemember did not receive academic
credit after such withdrawal or leave; and
``(2) provide such servicemember an opportunity to reenroll
with the same educational and academic status in such program
of education that the servicemember had when activated for
military service.
``(b) Deferment of Repayment of Loans.--Whenever a servicemember is
called, activated, or ordered to military service and withdraws or
takes a leave of absence from the institution of higher education in
which the servicemember is enrolled, the following rules shall apply to
a provider of students loans who has provided a student loan to such a
servicemember that is not in repayment status on the date the period of
military service begins:
``(1) If the servicemember reenrolls in the program of
education (or a comparable program) within 13 months following
the period of military service, the provider shall disregard
the entire period the program of education was discontinued in
determining the date on which repayment of the student loan is
to begin.
``(2) If the servicemember does not so reenroll, the
provider shall not require repayment of the student loan to
begin before the later of the last day of such 13-month period
or the date the repayment was to begin without regard to this
subsection.
``(c) Definitions.--In this section:
``(1) The term `Federal financial aid program' means a
program providing loans made, insured, or guaranteed under part
B, D, or E of title IV of the Higher Education Act of 1965 (20
U.S.C. 1077 et seq., 1087a et seq., 1087aa et seq.).
``(2) The term `institution of higher education' means a 2-
year or 4-year institution of higher education as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002).
``(3) The term `student loan' means any loan, whether
Federal, State, or private, to assist an individual to attend
an institution of higher education, including a loan made,
insured, or guaranteed under part B, D, or E of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1077 et seq., 1087a et
seq., 1087aa et seq.).''.
(b) Exemption of Student Debts From Creditor Protection Based on
Income Level.--Section 207(c) of the Servicemember's Civil Relief Act
(50 U.S.C. App. 527(c)) is amended by adding at the end the following
new sentence: ``This subsection shall not apply with respect to an
obligation or liability that is incurred by a servicemember who, at the
time the servicemember is called to military service, is a student
enrolled within six months of activation at an institution of higher
education on a full-time basis, as determined by that institution.''
(c) Clerical Amendment.--The table of contents in section (1)(b) of
such Act is amended by adding at the end the following new item:
``Sec. 707. Tuition, reenrollment, and student loan relief for
postsecondary students called to military
service.''.
(d) Effective Date.--The amendments made by this section shall take
effect for periods of military service beginning after the date of the
enactment of this section. | Veterans Education Tuition Support Act of 2007 or VETS Act of 2007 - Amends the Servicemembers Civil Relief Act to require an institution of higher education, whenever a servicemember is called, activated, or ordered to military service and therefore withdraws or takes a leave of absence from such institution, to: (1) refund to the servicemember tuition and other fees paid for the portion of the program of education for which the servicemember did not receive academic credit after such withdrawal or leave; and (2) provide the servicemember an opportunity to reenroll at the institution with the same educational and academic status that the servicemember had when ordered to military service.
Requires a provider of a student loan with respect to such a servicemember: (1) if the servicemember reenrolls in the program of education (or a comparable program) within 13 months following the period of military service, to disregard the entire period that the education was discontinued in determining the date on which student loan repayment is to begin; or (2) if the servicemember does not reenroll, to not require loan repayment to begin before the later of the last day of such 13-month period or the date the repayment was otherwise required to begin.
Prohibits a court from granting a creditor relief from the 6% limit on interest charged against the indebtedness of a servicemember during a period of military service in the case of an obligation or liability incurred by a servicemember who is a student at an institution of higher education at the time of the call to service. | {"src": "billsum_train", "title": "To amend the Servicemembers Civil Relief Act to provide for reimbursement to members of the Armed Forces of tuition for programs of education delayed by military service, for deferment of students loans and reduced interest rates for members of the Armed Forces during periods of military service, and for other purposes."} | 1,787 | 338 | 0.535332 | 1.639709 | 0.693046 | 4.768166 | 5.525952 | 0.948097 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Surface Occupancy Western Arctic
Coastal Plain Domestic Energy Security Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coastal plain.--The term ``Coastal Plain'' means the
area described in appendix I to part 37 of title 50, Code of
Federal Regulations.
(2) Final statement.--The term ``Final Statement'' means
the final legislative environmental impact statement on the
Coastal Plain, dated April 1987, and prepared pursuant to--
(A) section 1002 of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3142); and
(B) section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(3) Map.--The term ``map'' means the map entitled ``Arctic
National Wildlife Refuge'', dated September 2005, and prepared
by the United States Geological Survey.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the designee of the Secretary.
(5) Western coastal plain.--The term ``Western Coastal
Plain'' means that area of the Coastal Plain--
(A) that borders the land of the State of Alaska to
the west and State of Alaska offshore waters of the
Beaufort Sea on the north; and
(B) from which oil and gas can be produced through
the use of horizontal drilling or other subsurface
technology from sites outside or underneath the surface
of the Coastal Plain.
SEC. 3. LEASING PROGRAM FOR LAND WITHIN THE WESTERN COASTAL PLAIN.
(a) In General.--
(1) Authorization.--There is authorized the exploration,
leasing, development, and production of oil and gas from the
Western Coastal Plain.
(2) Actions.--The Secretary shall take such actions as are
necessary--
(A) to establish and implement, in accordance with
this Act, a competitive oil and gas leasing program
that will result in an environmentally sound program
for the exploration, development, and production of the
oil and gas resources of the Western Coastal Plain; and
(B) to administer this Act through regulations,
lease terms, conditions, restrictions, prohibitions,
stipulations, and other provisions that--
(i) ensure the oil and gas exploration,
development, and production activities on the
Western Coastal Plain will result in no
significant adverse effect on fish and
wildlife, fish and wildlife habitat,
subsistence resources, and the environment;
(ii) prohibit surface occupancy of the
Western Coastal Plain during oil and gas
development and production; and
(iii) require the application of the best
commercially available technology for oil and
gas exploration, development, and production to
all exploration, development, and production
operations under this Act in a manner that
ensures the receipt of fair market value by the
public for the mineral resources to be leased.
(b) Compliance With Requirements Under Certain Other Laws.--
(1) Compatibility.--For purposes of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.)--
(A) the oil and gas preleasing and leasing program
and activities authorized by this section in the
Western Coastal Plain shall be considered to be
compatible with the purposes for which the Arctic
National Wildlife Refuge was established; and
(B) no further findings or decisions shall be
required to implement that program and those
activities.
(2) Adequacy of the legislative environmental impact
statement of the department of the interior.--The Final
Statement shall be considered to satisfy the requirements of
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) that apply with respect to preleasing activities,
including exploration programs and actions authorized to be
taken by the Secretary to develop and promulgate the
regulations for the establishment of a leasing program
authorized by this Act before the conduct of the first lease
sale.
(3) Compliance with nepa for other actions.--
(A) In general.--Prior to conducting the first
lease sale pursuant to this Act, the Secretary shall
prepare an environmental impact statement in accordance
with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to the activities
authorized by this Act that are not covered by
paragraph (2).
(B) Identification and analysis.--Notwithstanding
any other provision of law, in carrying out this
paragraph, the Secretary shall not--
(i) identify nonleasing alternative courses
of action; or
(ii) analyze the environmental effect of
those courses of action.
(C) Identification of preferred action.--Not later
than 1 year after the date of enactment of this Act,
the Secretary shall identify only a preferred action
and a single leasing alternative for the first lease
sale conducted pursuant to this Act.
(D) Effect of noncompliance.--Notwithstanding any
other provision of law, compliance with this paragraph
shall be considered to satisfy any provision of law or
other requirement that requires analysis and
consideration of the environmental effects of leasing
with respect to the leasing conducted pursuant to this
Act.
(c) Relationship to State and Local Authority.--Nothing in this Act
expands or limits any State or local regulatory authority.
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, in consultation with the State of Alaska, the North Slope
Borough, Alaska, and the Arctic Slope Regional Corporation, the
Secretary shall promulgate such regulations as are necessary to carry
out this Act.
SEC. 4. LEASE SALES.
(a) Qualified Lessees.--Land may be leased under this Act to any
person qualified to obtain a lease for deposits of oil and gas under
the Mineral Leasing Act (30 U.S.C. 181 et seq.).
(b) Procedures.--The Secretary shall, by regulation, establish
procedures for--
(1) receipt and consideration of sealed nominations for any
area in the Western Coastal Plain for inclusion in a lease
sale;
(2) the holding of lease sales after the nomination process
described in paragraph (1); and
(3) public notice of, and comment on, designation of areas
to be included in, or excluded from, a lease sale.
(c) Lease Sale Bids.--Bidding for leases under this Act shall be by
sealed competitive cash bonus bids.
(d) Acreage Minimum in First Sale.--For the first lease sale under
this Act, the Secretary shall offer for lease those tracts the
Secretary considers to have the greatest potential for the discovery of
hydrocarbons, taking into consideration nominations received pursuant
to subsection (b)(1), but in no case less than 200,000 acres.
(e) Timing of Lease Sales.--The Secretary shall--
(1) not later than 18 months after the date of enactment of
this Act, conduct the first lease sale under this Act;
(2) not later than 1 year after the date on which the first
lease sale is conducted under paragraph (1), conduct a second
lease sale under this Act; and
(3) conduct additional sales at appropriate intervals if
sufficient interest in exploration or development exists to
warrant the conduct of the additional sales.
SEC. 5. GRANT OF LEASES BY THE SECRETARY.
(a) In General.--On payment by a lessee of such bonus as may be
accepted by the Secretary, the Secretary shall grant to the highest
responsible qualified bidder in a lease sale conducted pursuant to
section 4 a lease for any land on the Western Coastal Plain.
(b) Subsequent Transfers.--
(1) In general.--No lease issued under this Act may be
sold, exchanged, assigned, sublet, or otherwise transferred
except with the approval of the Secretary.
(2) Condition for approval.--Before granting any approval
under paragraph (1), the Secretary shall consult with, and give
due consideration to the opinion of, the Attorney General.
SEC. 6. LEASE TERMS AND CONDITIONS.
(a) In General.--An oil or gas lease issued pursuant to this Act
shall--
(1) provide for the payment of a royalty of not less than
12\1/2\ percent of the quantity or value of the production
removed or sold from the lease, as determined by the Secretary
in accordance with regulations applicable to other Federal oil
and gas leases;
(2) provide that the Secretary, after consultation with the
State of Alaska, North Slope Borough, Alaska, and the Arctic
Slope Regional Corporation, may close, on a seasonal basis,
such portions of the Western Coastal Plain to exploratory
drilling activities as are necessary to protect caribou calving
areas and other species of fish and wildlife;
(3) require that each lessee of land within the Western
Coastal Plain shall be fully responsible and liable for the
reclamation of land within the Western Coastal Plain and any
other Federal land that is adversely affected in connection
with exploration activities conducted under the lease and
within the Western Coastal Plain by the lessee or by any of the
subcontractors or agents of the lessee;
(4) provide that the lessee may not delegate or convey, by
contract or otherwise, the reclamation responsibility and
liability described in paragraph (3) to another person without
the express written approval of the Secretary;
(5) contain terms and conditions relating to protection of
fish and wildlife, fish and wildlife habitat, subsistence
resources, and the environment as required under section
3(a)(2); and
(6) provide that each lessee, and each agent and contractor
of a lessee, shall use the best efforts of the lessee to
provide a fair share of employment and contracting for Alaska
Natives and Alaska Native Corporations from throughout the
State, as determined by the level of obligation previously
agreed to in the Federal Agreement.
(b) Project Labor Agreements.--The Secretary, as a term and
condition of each lease under this Act, and in recognizing the
proprietary interest of the Federal Government in labor stability and
in the ability of construction labor and management to meet the
particular needs and conditions of projects to be developed under the
leases issued pursuant to this Act (including the special concerns of
the parties to those leases), shall require that each lessee, and each
agent and contractor of a lessee, under this Act negotiate to obtain a
project labor agreement for the employment of laborers and mechanics on
production, maintenance, and construction under the lease.
SEC. 7. FEDERAL AND STATE DISTRIBUTION OF REVENUES.
(a) In General.--Notwithstanding any other provision of law, of the
amount of bonus, rental, and royalty revenues from oil and gas leasing
and operations authorized by this Act--
(1) 50 percent shall be paid to the State of Alaska; and
(2) the balance shall be deposited in the Treasury of the
United States.
(b) Payments to Alaska.--Payments to the State of Alaska under this
section shall be made on a monthly basis.
SEC. 8. CONVEYANCE.
Notwithstanding section 1302(h)(2) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on
title to land, and to clarify land ownership patterns in the Coastal
Plain, the Secretary shall--
(1) to the extent necessary to fulfill the entitlement of
the Kaktovik Inupiat Corporation under sections 12 and 14 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613),
as determined by the Secretary, convey to that Corporation the
surface estate of the land described in paragraph (1) of Public
Land Order 6959, in accordance with the terms and conditions of
the agreement between the Secretary, the United States Fish and
Wildlife Service, the Bureau of Land Management, and the
Kaktovik Inupiat Corporation, dated January 22, 1993; and
(2) convey to the Arctic Slope Regional Corporation the
remaining subsurface estate to which that Corporation is
entitled under the agreement between that corporation and the
United States, dated August 9, 1983. | No Surface Occupancy Western Arctic Coastal Plain Domestic Energy Security Act - Authorizes the exploration, leasing, development and production of oil and gas on the Western Coastal Plain of Alaska. Directs the Secretary of the Interior to: (1) establish a competitive oil and gas leasing program for oil and gas exploration, development, and production on the Western Coastal Plain; and (2) prohibit surface occupancy of the Western Coastal Plain during any oil and gas development and production States that, in connection with specified environmental protection laws, the Secretary shall neither: (1) identify nonleasing alternative courses of action, nor (2) analyze the environmental effect of those courses of action. Requires the Secretary, within one year after the first lease sale is conducted under this Act, to conduct a second lease sale (and additional sales if sufficient interest in exploration or development exists). Sets forth procedures for: (1) lease sales and lease grants on the Western Coastal Plain, and (2) Western Coastal Plain environmental protection. Prescribes a revenue allocation scheme derived from bonus, rental, and royalty revenues from federal oil and gas leasing and operations authorized under this Act, including monthly payments to the state of Alaska. Requires the Secretary to convey to: (1) the Kaktovik Inupiat Corporation the surface estate of certain land, and (2) the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under a specified agreement. | {"src": "billsum_train", "title": "No Surface Occupancy Western Arctic Coastal Plain Domestic Energy Security Act"} | 2,618 | 298 | 0.636733 | 1.913774 | 0.855342 | 3.521583 | 8.654676 | 0.931655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mercury Pollution Reduction Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mercury and mercury compounds are highly toxic to
humans, ecosystems, and wildlife;
(2) as many as 10 percent of women in the United States of
childbearing age have mercury in their bloodstreams at a level
that could pose risks to their unborn babies, and hundreds of
thousands of children born annually in the United States are at
risk of neurological problems relating to mercury exposure in
utero;
(3) the most significant source of mercury exposure to
people in the United States is ingestion of mercury-
contaminated fish;
(4) the long-term solution to mercury pollution is to
minimize global mercury use and releases of mercury to
eventually achieve reduced contamination levels in the
environment, rather than reducing fish consumption, since
uncontaminated fish represents a critical and healthy source of
nutrition for people worldwide;
(5) mercury pollution is a transboundary pollutant that--
(A) is deposited locally, regionally, and globally;
and
(B) affects bodies of water near industrial areas,
such as the Great Lakes, as well as bodies of water in
remote areas, such as the Arctic Circle;
(6) of the approximately 30 plants in the United States
that produce chlorine, only 7 use the obsolete ``mercury cell''
chlor-alkali process, and 4 have not yet committed to phasing
out mercury use;
(7)(A) less than 5 percent of the total quantity of
chlorine and caustic soda produced in the United States comes
from the chlor-alkali plants described in paragraph (6) that
use the mercury cell chlor-alkali process;
(B) cost-effective alternatives are available and in use in
the remaining 95 percent of chlorine and caustic soda
production; and
(C) other countries, including Japan, have already banned
the mercury cell chlor-alkali process;
(8) the chlor-alkali industry acknowledges that--
(A) mercury can contaminate products manufactured
at mercury cell facilities; and
(B) the use of some of those products results in
the direct and indirect release of mercury;
(9) despite those quantities of mercury known to have been
used or to be in use, neither the chlor-alkali industry nor the
Environmental Protection Agency is able--
(A) to adequately account for the disposition of
the mercury used at those facilities; or
(B) to accurately estimate current mercury
emissions; and
(10) it is critically important that the United States work
aggressively toward the minimization of supply, demand, and
releases of mercury, both domestically and internationally.
SEC. 3. STATEMENT OF POLICY.
Congress declares that the United States should develop policies
and programs that will--
(1) reduce mercury use and emissions within the United
States;
(2) reduce mercury releases from the reservoir of mercury
currently in use or circulation within the United States; and
(3) reduce exposures to mercury, particularly exposures of
women of childbearing age and young children.
SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.
(a) In General.--Title I of the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) is amended by inserting after section 6 the
following:
``SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.
``(a) Definition of Chlor-alkali Facility.--In this section, the
term `chlor-alkali facility' means a facility used for the manufacture
of chlorine or caustic soda using a mercury cell process.
``(b) Prohibition.--
``(1) In general.--Except as otherwise provided in this
subsection, it shall be unlawful to manufacture chlorine or
caustic soda using mercury cells at any facility in the United
States.
``(2) Notice.--The owner or operator of any existing chlor-
alkali facility shall notify the Administrator no later than
June 30, 2012, whether it will--
``(A) replace its chlor-alkali facility with a new
manufacturing facility that does not use mercury; or
``(B) cease operations.
``(3) Closure.--A chlor-alkali facility for which a closure
notice is filed under paragraph (2)(B) shall cease
manufacturing chlorine or caustic soda using mercury cells no
later than June 30, 2013.
``(4) Replacement.--A chlor-alkali facility for which a
replacement notice is filed under paragraph (2)(A) may continue
to manufacture chlorine or caustic soda using mercury cells
until all of the permitting, financing, engineering, and
construction of a non-mercury replacement facility is complete,
or June 30, 2015, whichever is earlier.
``(c) Export Ban.--Effective on the date of the enactment of this
section, the export of any elemental mercury or the sale of elemental
mercury for purposes of export, including compounds and mixtures
containing elemental mercury, by the owner or operator of a chlor-
alkali facility is prohibited.
``(d) Savings Provision.--Nothing in this section affects the
ability of the owner or operator of any chlor-alkali facility to store
elemental mercury in accordance with section 5(g)(2) of the Mercury
Export Ban Act of 2008 (42 U.S.C. 6939f).''.
(b) Conforming Amendments.--(1) The table of contents of the Toxic
Substances Control Act (15 U.S.C. 2601 note) is amended by inserting
after the item relating to section 6 the following:
``Sec. 6A. Use of mercury in chlorine and caustic soda
manufacturing.''.
(2) Paragraphs (1) and (2) of section 15 of such Act are each
amended by striking ``or 6'' and inserting ``, 6 or 6A''. | Mercury Pollution Reduction Act - Declares that the United States should develop policies and programs that will reduce: (1) mercury use and emissions; (2) mercury releases from the reservoir of mercury currently in use or circulation; and (3) exposures to mercury, particularly of women of childbearing age and young children.
Amends the Toxic Substances Control Act to prohibit: (1) the manufacture of chlorine or caustic soda using mercury cells at any facility in the United States; and (2) the export of any elemental mercury or the sale of elemental mercury for purposes of export, including compounds and mixtures containing elemental mercury, by the owner or operator of a chlor-alkali facility.
Requires the owner or operator of any existing chlor-alkali facility to notify the Administrator of the Environmental Protection Agency (EPA) no later than June 30, 2012, on whether the owner or operator will replace its chlor-alkali facility with a new manufacturing facility that does not use mercury or cease operations. Requires a chlor-alkali facility for which a closure notice is filed to cease manufacturing chlorine or caustic soda using mercury cells no later than June 30, 2013. Authorizes a chlor-alkali facility for which a replacement notice is filed to continue to manufacture chlorine or caustic soda using mercury cells until all of the permitting, financing, engineering, and construction of a non-mercury replacement facility is complete or June 30, 2015, whichever is earlier.
Provides that this Act does not affect the ability of the owner or operator of any chlor-alkali facility to store elemental mercury in accordance with the Mercury Export Ban Act of 2008. | {"src": "billsum_train", "title": "To amend the Toxic Substances Control Act to phase out the use of mercury in the manufacture of chlorine and caustic soda, and for other purposes."} | 1,323 | 357 | 0.60935 | 1.808403 | 0.768813 | 6.485714 | 3.774603 | 0.968254 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Smokestacks Act of 2001''.
SEC. 2. REDUCTION OF EMISSIONS FROM POWERPLANTS.
Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is
amended by adding at the end the following:
``SEC. 132. REDUCTION OF EMISSIONS FROM POWERPLANTS.
``(a) Emission Reduction Objectives.--The emission reduction
objectives of this section are to reduce, not later than January 1,
2007:
``(1) aggregate sulfur dioxide emissions from powerplants
by 75 percent from the levels allowed under full implementation
of the phase II sulfur dioxide requirements under title IV
(relating to acid deposition control);
``(2) aggregate nitrogen oxide emissions from powerplants
by 75 percent from 1997 levels;
``(3) aggregate carbon dioxide emissions from powerplants
to the level of carbon dioxide emissions from powerplants in
1990; and
``(4) aggregate mercury emissions from powerplants by 90
percent from the 1999 levels.
``(b) Agency Action.--
``(1) Regulations.--
``(A) In general.--Not later than 2 years after the
date of enactment of this section, the Administrator
shall promulgate regulations to achieve the emission
reduction objectives specified in subsection (a).
``(B) Elements.--The regulations promulgated under
subparagraph (A)--
``(i) shall achieve the objectives in a
manner that the Administrator determines will
allocate required emission reductions
equitably, taking into account emission
reductions achieved before the date of
enactment of this section and other relevant
factors;
``(ii) may include, except in the case of
mercury, market-oriented mechanisms (such as
emissions trading based on generation
performance standards, auctions, or other
allocation methods);
``(iii) shall prevent localized adverse
effects on public health and the environment
and ensure that significant emission reductions
are achieved in both the Eastern and Western
regions of the United States;
``(iv) shall ensure that any captured or
recovered mercury is not rereleased into the
environment; and
``(v) shall, include, consistent with
achieving the objectives set forth in
subsection (a), incentives for renewable
energy.
``(2) Interagency coordination to minimize costs and
maximize gains.--To minimize the economic costs and maximize
the economic gains of achieving the emission reduction
objectives specified in subsection (a), the Administrator shall
coordinate with other departments and agencies of Federal and
State government to increase energy efficiency, to increase the
use of renewable energy, and to implement cost saving advanced
demand and supply side policies, such as those described in the
report prepared by the Interlaboratory Working Group of the
Department of Energy entitled `Scenarios for a Clean Energy
Future', dated November 2000.
``(c) Additional Reductions.--The regulations promulgated under
subsection (b) may require additional reductions in emissions from
powerplants if the Administrator determines that the emission levels
necessary to achieve the emission reduction objectives specified in
subsection (a) are not reasonably anticipated to protect public health
or welfare.
``(d) Modernization of Outdated Powerplants.--
``(1) In general.--On the later of the date that is 30
years after a powerplant commenced operation or the date that
is 5 years after the date of enactment of this section, it
shall comply with--
``(A) the most recent new source performance
standards promulgated under section 111; and
``(B) the requirements under parts C and D that are
applicable to modified sources.
``(2) Additional requirements.--The requirements of this
subsection shall be in addition to the requirements of the
regulations promulgated under subsection (b).
``(e) Other Requirements.--The requirements of this section shall
be in addition to, and not in lieu of, any other requirement of this
Act.
``(f) Definition.--In this section, the term `powerplant' means an
electric generation facility with a nameplate capacity of 15 megawatts
or more that uses a combustion device to generate electricity for
sale.''. | Clean Smokestacks Act of 2001 - Amends the Clean Air Act (CAA) to require the Administrator of the Environmental Protection Agency to promulgate regulations to achieve specified reductions in emissions of sulfur dioxide, nitrogen oxide, carbon dioxide, and mercury from powerplants (electric generation facilities with a nameplate capacity of 15 megawatts or more that use a combustion device to generate electricity for sale) by January 1, 2007.Requires powerplants, on the later of the date 30 years after the powerplant commenced operation or five years after this Act's enactment, to comply with the most recent new source performance standards under CAA provisions regarding air quality and emissions limitations and with specified requirements for modified sources. | {"src": "billsum_train", "title": "To amend the Clean Air Act to reduce emissions from electric powerplants, and for other purposes."} | 939 | 156 | 0.561553 | 1.570574 | 0.696844 | 2.880952 | 6.801587 | 0.896825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Contracting Flexibility Act
of 1998''.
SEC. 2. INCREASED FLEXIBILITY IN CONTRACTING FOR MEDICARE CLAIMS
PROCESSING.
(a) Carriers To Include Entities That Are Not Insurance
Companies.--Section 1842 of the Social Security Act (42 U.S.C. 1395u)
is amended--
(1) in subsection (a), in the matter preceding paragraph
(1) by striking ``with carriers'' and inserting ``with agencies
and organizations (referred to in this part as `carriers')'';
and
(2) by striking subsection (f).
(b) Choice of Fiscal Intermediaries by Providers of Services;
Secretarial Flexibility in Assigning Functions to Intermediaries and
Carriers.--(1) Section 1816(a) of such Act (42 U.S.C. 1395h(a)) is
amended to read as follows:
``(a)(1) The Secretary may enter into contracts with agencies or
organizations to perform any or all of the following functions, or
parts of those functions (or, to the extent provided in a contract, to
secure performance thereof by other organizations):
``(A) Determine (subject to the provisions of section 1878
and to such review by the Secretary as may be provided for by
the contracts) the amount of the payments required pursuant to
this part to be made to providers of services.
``(B) Make payments described in subparagraph (A).
``(C) Provide consultative services to institutions or
agencies to enable them to establish and maintain fiscal
records necessary for purposes of this part and otherwise to
qualify as providers of services.
``(D) Serve as a center for, and communicate to individuals
entitled to benefits under this part and to providers of
services, any information or instructions furnished to the
agency or organization by the Secretary, and serve as a channel
of communication from individuals entitled to benefits under
this part and from providers of services to the Secretary.
``(E) Make such audits of the records of providers of
services as may be necessary to insure that proper payments are
made under this part.
``(F) Perform the functions described by subsection (d).
``(G) Perform such other functions as are necessary to
carry out the purposes of this part.
``(2) As used in this title and title XI, the term `fiscal
intermediary' means an agency or organization with a contract under
this section.''.
(2) Subsections (d) and (e) of section 1816 of such Act (42 U.S.C.
1395h) are amended to read as follows:
``(d) Each provider of services shall have a fiscal intermediary
that--
``(1) acts as a single point of contact for the provider of
services under this part;
``(2) makes its services sufficiently available to meet the
needs of the provider of services; and
``(3) is responsible and accountable for arranging the
resolution of issues raised under this part by the provider of
services.
``(e)(1)(A) The Secretary, at least every five years, shall permit
each provider of services (other than a home health agency or a hospice
program) to choose an agency or organization (from among those proposed
by the Secretary, of which at least one has an office in the geographic
area of the provider of services, except as provided by subparagraph
(B)(ii)(II)) as the fiscal intermediary under subsection (d) for that
provider of services. If a contract with that fiscal intermediary is
discontinued, the Secretary shall permit the provider of services to
choose under the same conditions from among other agencies or
organizations.
``(B)(i) The Secretary, in carrying out subparagraph (A), shall
permit a group of hospitals or a group of another class of providers
(other than home health agencies or hospice programs) under common
ownership by, or control of, a particular entity to choose one agency
or organization (from among those proposed by the Secretary) as the
fiscal intermediary under subsection (d) for all the providers in that
group if the conditions specified in clause (ii) are met.
``(ii) The conditions specified in this clause for clause (i) to
apply are that--
``(I) the group includes all the providers of services of
that class that are under common ownership by, or control of,
that particular entity, and
``(II) all of the providers of services in that group agree
that none of the agencies or organizations proposed by the
Secretary is required to have an office in any particular
geographic area.
``(2) The Secretary, in evaluating the performance of a fiscal
intermediary, shall solicit comments from providers of services.''.
(3)(A) Section 1816(b)(1)(A) of such Act (42 U.S.C. 1395h(b)(1)(A))
is amended by striking ``after applying the standards, criteria, and
procedures'' and inserting ``after evaluating the ability of the agency
or organization to fulfill the contract performance requirements''.
(B) The first sentence of section 1816(f)(1) of such Act (42 U.S.C.
1395h(f)(1)) is amended--
(i) by striking ``develop standards, criteria, and
procedures'' and inserting ``, after public notice and
opportunity for comment, develop contract performance
requirements'', and
(ii) by striking ``, and the Secretary shall establish
standards and criteria with respect to the efficient and
effective administration of this part''.
(C) Section 1842(b)(2) of such Act (42 U.S.C. 1395u(b)(2)) is
amended--
(i) in subparagraph (A)--
(I) in the second sentence to read as follows:
``The Secretary shall, after public notice and
opportunity for comment, develop contract performance
requirements for the efficient and effective
performance of contract obligations under this
section.'', and
(II) by striking the third sentence;
(ii) in subparagraph (B), in the matter preceding clause
(i), by striking ``establish standards'' and inserting
``develop contract performance requirements'', and
(iii) in subparagraph (D), by striking ``standards and
criteria'' each place it appears and inserting ``contract
performance requirements''.
(4)(A) The matter in section 1816(b) of such Act (42 U.S.C.
1395h(b)) preceding paragraph (1) is amended by striking ``an
agreement'' and inserting ``a contract''.
(B) Paragraphs (1)(B) and (2)(A) of section 1816(b) of such Act (42
U.S.C. 1395h(b)) are each amended by striking ``agreement'' and
inserting ``contract''.
(C) The first sentence of section 1816(c)(1) of such Act (42 U.S.C.
1395h(c)(1)) is amended by striking ``An agreement'' and inserting ``A
contract''.
(D) The last sentence of section 1816(c)(1) of such Act (42 U.S.C.
1395h(c)(1)) is amended by striking ``an agreement'' and inserting ``a
contract''.
(E) The matter in section 1816(c)(2)(A) of such Act (42 U.S.C.
1395h(c)(2)(A)) preceding clause (i) is amended by striking
``agreement'' and inserting ``contract''.
(F) Section 1816(c)(3)(A) of such Act (42 U.S.C. 1395h(c)(3)(A)) is
amended by striking ``agreement'' and inserting ``contract''.
(G) The first sentence of section 1816(f)(1) of such Act (42 U.S.C.
1395h(f)(1)) is amended by striking ``an agreement'' and inserting ``a
contract''.
(H) Section 1816(h) of such Act (42 U.S.C. 1395h(h)) is amended--
(i) by striking ``An agreement'' and inserting ``A
contract''; and
(ii) by striking ``the agreement'' each place it occurs and
inserting ``the contract''.
(I) Section 1816(i)(1) of such Act (42 U.S.C. 1395h(i)(1)) is
amended by striking ``an agreement'' and inserting ``a contract''.
(J) Section 1816(j) of such Act (42 U.S.C. 1395h(j)) is amended by
striking ``An agreement'' and inserting ``A contract''.
(K) Section 1816(k) of such Act (42 U.S.C. 1395h(k)) is amended by
striking ``An agreement'' and inserting ``A contract''.
(L) Section 1816(l) of such Act (42 U.S.C. 1395h(l)) is amended by
striking ``an agreement'' and inserting ``a contract''.
(M) The matter in section 1842(a) of such Act (42 U.S.C. 1395u(a))
preceding paragraph (1) is amended by striking ``agreements'' and
inserting ``contracts''.
(N) Section 1842(h)(3)(A) of such Act (42 U.S.C. 1395u(h)(3)(A)) is
amended by striking ``an agreement'' and inserting ``a contract''.
(5) Section 1816(f)(1) of such Act (42 U.S.C. 1395h(f)(1)) is
amended by striking the second sentence.
(6)(A) The matter in section 1816(c)(2)(A) of such Act (42 U.S.C.
1395h(c)(2)(A)) preceding clause (i) is amended by inserting ``that
provides for making payments under this part'' after ``this section''.
(B) Section 1816(c)(3)(A) of such Act (42 U.S.C. 1395h(c)(3)(A)) is
amended by inserting ``that provides for making payments under this
part'' after ``this section''.
(C) Section 1816(k) of such Act (42 U.S.C. 1395h(k)) is amended by
inserting ``(as appropriate)'' after ``submit''.
(D) The matter in section 1842(a) of such Act (42 U.S.C. 1395u(a))
preceding paragraph (1) is amended by striking ``some or all of the
following functions'' and inserting ``any or all of the following
functions, or parts of those functions''.
(E) The first sentence of section 1842(b)(2)(C) of such Act (42
U.S.C. 1395u(b)(2)(C)) is amended by inserting ``(as appropriate)''
after ``carriers''.
(F) The matter preceding subparagraphs (A) in the first sentence of
section 1842(b)(3) of such Act (42 U.S.C. 1395u(b)(3)) is amended by
inserting ``(as appropriate)'' after ``contract''.
(G) The matter in section 1842(b)(7)(A) of such Act (42 U.S.C.
1395u(b)(7)(A)) preceding clause (i) is amended by striking ``the
carrier'' and inserting ``a carrier''.
(H) The matter in section 1842(b)(11)(A) of such Act (42 U.S.C.
1395u(b)(11)(A)) preceding clause (i) is amended by inserting ``(as
appropriate)'' after ``each carrier''.
(I) The first sentence of section 1842(h)(2) of such Act (42 U.S.C.
1395u(h)(2)) is amended by inserting ``(as appropriate)'' after
``shall''.
(J) Section 1842(h)(5)(A) of such Act (42 U.S.C. 1395u(h)(5)(A)) is
amended by inserting ``(as appropriate)'' after ``carriers''.
(7)(A) Section 1816(c)(2)(C) of such Act (42 U.S.C. 1395h(c)(2)(C))
is amended by striking ``hospital, rural primary care hospital, skilled
nursing facility, home health agency, hospice program, comprehensive
outpatient rehabilitation facility, or rehabilitation agency'' and
inserting ``provider of services''.
(B) The matter in section 1816(j) of such Act (42 U.S.C. 1395h(j))
preceding paragraph (1) is amended by striking ``for home health
services, extended care services, or post-hospital extended care
services''.
(8) Section 1842(a)(3) of such Act (42 U.S.C. 1395u(a)(3)) is
amended by inserting ``(to and from individuals enrolled under this
part and to and from physicians and other entities that furnish items
and services)'' after ``communication''.
(9) The matter in section 1842(a) of such Act (42 U.S.C. 1395u(a))
preceding paragraph (1), as amended by subsection (b)(4)(M), is amended
by striking ``carriers with which contracts'' and inserting ``single
contracts under section 1816 and this section together, or separate
contracts with eligible agencies and organizations with which
contracts''.
(c) Elimination of Special Provisions for Terminations of
Contracts.--(1) Section 1816 of such Act (42 U.S.C. 1395h) is amended--
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ``or renew'';
(B) in the last sentence of subsection (c)(1), by striking
``or renewing'';
(C) in subsection (f)(1) by striking ``, renew, or
terminate'' and ``, whether the Secretary should assign or
reassign a provider of services to an agency or
organization,''; and
(D) by striking subsection (g).
(2) The last sentence of section 1842(b)(2)(A) of such Act (42
U.S.C. 1395u(b)(2)(A)) is amended by striking ``or renewing''.
(3) Section 1842(b) of such Act (42 U.S.C. 1395u(b)) is amended by
striking paragraph (5).
(d) Repeal of Fiscal Intermediary Requirements That Are Not Cost-
Effective.--Section 1816(f)(2) of such Act (42 U.S.C. 1395h(f)(2)) is
amended to read as follows:
``(2) The contract performance requirements developed under
paragraph (1) shall include, with respect to claims for services
furnished under this part by any provider of services other than a
hospital, whether such agency or organization is able to process 75
percent of reconsiderations within 60 days and 90 percent of
reconsiderations within 90 days.''.
(e) Repeal of Cost Reimbursement Requirements.--(1) The first
sentence of section 1816(c)(1) of such Act (42 U.S.C. 1395h(c)(1)) is
amended--
(A) by striking the comma after ``appropriate'' and
inserting ``and'';
(B) by striking all that follows ``subsection (a)'' up to
the period; and
(C) by striking the second and third sentences.
(2) The first sentence of section 1842(c)(1) of such Act (42 U.S.C.
1395u(c)(1)) is amended--
(A) by striking ``shall provide'' the first place it
appears and inserting ``may provide'';
(B) by striking ``this part'' and all that follows up to
the period; and
(C) by striking the second and third sentences.
(3) Section 2326(a) of the Deficit Reduction Act of 1984 is
repealed.
(f) Competition Required for New Contracts and in Cases of Poor
Performance.--(1) Section 1816(c) of such Act (42 U.S.C. 1395h(c)) is
amended by adding at the end the following:
``(4)(A) A contract with a fiscal intermediary under this section
may be renewed from term to term without regard to any provision of law
requiring competition if the fiscal intermediary has met or exceeded
the performance requirements established in the current contract.
``(B) Functions may be transferred among fiscal intermediaries
without regard to any provision of law requiring competition.''.
(2) Section 1842(b) of such Act (42 U.S.C. 1395u(b)) is amended by
striking everything before paragraph (2) and inserting the following:
``(b)(1)(A) A contract with a carrier under subsection (a) may be
renewed from term to term without regard to any provision of law
requiring competition if the carrier has met or exceeded the
performance requirements established in the current contract.
``(B) Functions may be transferred among carriers without regard to
any provision of law requiring competition.''.
(g) Waiver of Competitive Requirements for Initial Contracts.--(1)
Contracts whose periods begin during the 1-year period that begins on
the first day of the fourth calendar month that begins after the date
of the enactment of this Act may be entered into under section 1816(a)
of the Social Security Act without regard to any provision of law
requiring competition.
(2) The amendments made by subsection (f) apply to contracts whose
periods begin after the end of the 1-year period specified in paragraph
(1) of this subsection.
(h) Year 2000 Compliance.--
(1) For fiscal intermediaries.--Paragraph (2) of section
1816(f) of such Act (42 U.S.C. 1395h(f)), as amended by
subsection (d), is amended--
(A) by striking ``shall include,'' and inserting
``shall include--'';
(B) by designating the remainder of such paragraph
as subparagraph (A) and indenting it accordingly;
(C) by striking the period at the end and inserting
``; and''; and
(D) by adding at the end the following new
subparagraph:
``(B) a requirement that, by such time as the
Secretary considers reasonable, the information
technology that is used or acquired by the agency or
organization to carry out its responsibilities under
this title (to the extent that the Secretary finds such
information technology is under the control of such
agency or organization)--
``(i) meets the definition of `Year 2000
compliant' under the Federal Acquisition
Regulation (concerning accurate processing of
date/time data (including calculating,
comparing, and sequencing) from, into, and
between the twentieth and twenty-first
centuries, and the years 1999 and 2000 and leap
year calculations) but without regard to
whether the information technology is being
acquired; and
``(ii) meets such other criteria for year
2000 compliance as the Secretary considers
appropriate.''.
(2) Carriers.--Section 1842(b)(2)(A) of such Act (42 U.S.C.
1395u(b)(2)(A)) is amended in the first sentence by inserting
after ``and other matters as he finds pertinent'' the
following: ``(including a requirement that the carrier will
meet the requirement of section 1816(f)(2)(B) (relating to year
2000 compliance) in the same manner as such requirement applies
to a fiscal intermediary)''.
(i) Effective Dates.--(1) The amendments made by subsection (c)
apply to contracts whose periods end at, or after, the end of the third
calendar month that begins after the date of the enactment of this Act.
(2) The amendments made by subsections (a), (b), (d), and (e) apply
to contracts whose periods begin after the third calendar month that
begins after the date of the enactment of this Act.
(3) The amendments made by subsection (h) apply to contracts whose
periods begin after the date of the enactment of this Act.
(j) Secretary's Authority To Issue Interim Final Regulations.--The
Secretary of Health and Human Services is authorized to issue any
regulations needed to implement the amendments made by this section as
interim final regulations. | Medicare Contracting Flexibility Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act with respect to flexibility in contracting for Medicare claims processing. Allows the Secretary of Health and Human Services, through the Health Care Financing Administration, to contract for claims processing with carriers that are not insurance companies.
Requires the Secretary, at least every five years, to permit each service provider, including a group of hospitals or a group of another class of providers under common ownership by or control of a particular entity, to choose a fiscal intermediary from among those the Secretary proposes.
Revises and reduces the number of contract performance requirements the Secretary must develop for fiscal intermediaries.
Permits the non-competitive term renewal of a contract with any fiscal intermediary that has met or exceeded performance requirements.
Waives competitive requirements for fiscal intermediary contracts entered within into within a certain period after enactment of this Act.
Requires year 2000 compliance by fiscal intermediaries and carriers. | {"src": "billsum_train", "title": "Medicare Contracting Flexibility Act of 1998"} | 4,719 | 222 | 0.50168 | 1.379286 | 0.671463 | 2.978378 | 21.178378 | 0.891892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Late-Term Abortion Limitation Act of
1998''.
SEC. 2. BAN ON CERTAIN ABORTIONS.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 73 the following:
``CHAPTER 74--BAN ON CERTAIN ABORTIONS
``Sec.
``1531. Prohibition of post-viability abortions.
``1532. Penalties.
``1533. Regulations.
``1534. State law.
``1535. Definitions.
``Sec. 1531. Prohibition of post-viability abortions
``(a) In General.--It shall be unlawful for a physician to
intentionally abort a viable fetus unless the physician prior to
performing the abortion--
``(1) certifies in writing that, in the physician's medical
judgment based on the particular facts of the case before the
physician, the continuation of the pregnancy would threaten the
mother's life or risk grievous injury to her physical health;
and
``(2) an independent physician who will not perform nor be
present at the abortion and who was not previously involved in
the treatment of the mother certifies in writing that, in his
or her medical judgment based on the particular facts of the
case, the continuation of the pregnancy would threaten the
mother's life or risk grievous injury to her physical health.
``(b) No Conspiracy.--No woman who has had an abortion after fetal
viability may be prosecuted under this chapter for conspiring to
violate this chapter or for an offense under section 2, 3, 4, or 1512
of title 18.
``(c) Medical Emergency Exception.--The certification requirements
contained in subsection (a) shall not apply when, in the medical
judgment of the physician performing the abortion based on the
particular facts of the case before the physician, there exists a
medical emergency. In such a case, however, after the abortion has been
completed the physician who performed the abortion shall certify in
writing the specific medical condition which formed the basis for
determining that a medical emergency existed.
``Sec. 1532. Penalties
``(a) Action by the Attorney General.--The Attorney General, the
Deputy Attorney General, the Associate Attorney General, or any
Assistant Attorney General or United States Attorney specifically
designated by the Attorney General may commence a civil action under
this chapter in any appropriate United States district court to enforce
the provisions of this chapter.
``(b) First Offense.--Upon a finding by the court that the
respondent in an action commenced under subsection (a) has knowingly
violated a provision of this chapter, the court shall notify the
appropriate State medical licensing authority in order to effect the
suspension of the respondent's medical license in accordance with the
regulations and procedures developed by the State under section
1533(b), or shall assess a civil penalty against the respondent in an
amount not to exceed $100,000, or both.
``(c) Second Offense.--Upon a finding by the court that the
respondent in an action commenced under subsection (a) has knowingly
violated a provision of this chapter and the respondent has been found
to have knowingly violated a provision of this chapter on a prior
occasion, the court shall notify the appropriate State medical
licensing authority in order to effect the revocation of the
respondent's medical license in accordance with the regulations and
procedures developed by the State under section 1533(b), or shall
assess a civil penalty against the respondent in an amount not to
exceed $250,000, or both.
``(d) Hearing.--With respect to an action under subsection (a), the
appropriate State medical licensing authority shall be given
notification of and an opportunity to be heard at a hearing to
determine the penalty to be imposed under this section.
``(e) Certification Requirements.--At the time of the commencement
of an action under subsection (a), the Attorney General, the Deputy
Attorney General, the Associate Attorney General, or any Assistant
Attorney General or United States Attorney who has been specifically
designated by the Attorney General to commence a civil action under
this chapter, shall certify to the court involved that, at least 30
calendar days prior to the filing of such action, the Attorney General,
the Deputy Attorney General, the Associate Attorney General, or any
Assistant Attorney General or United States Attorney involved--
``(1) has provided notice of the alleged violation of this
chapter, in writing, to the Governor or Chief Executive Officer
and Attorney General or Chief Legal Officer of the State or
political subdivision involved, as well as to the State medical
licensing board or other appropriate State agency; and
``(2) believes that such an action by the United States is
in the public interest and necessary to secure substantial
justice.
``Sec. 1533. Regulations
``(a) Federal Regulations.--
``(1) In general.--Not later than 60 days after the date of
enactment of this chapter, the Secretary of Health and Human
Services shall publish proposed regulations for the filing of
certifications by physicians under this chapter.
``(2) Requirements.--The regulations under paragraph (1)
shall require that a certification filed under this chapter
contain--
``(A) a certification by the physician performing
the abortion, under threat of criminal prosecution
under section 1746 of title 28, that, in his or her
best medical judgment, the abortion performed was
medically necessary pursuant to this chapter;
``(B) a description by the physician of the medical
indications supporting his or her judgment;
``(C) a certification by an independent physician
pursuant to section 1531(a)(2), under threat of
criminal prosecution under section 1746 of title 28,
that, in his or her best medical judgment, the abortion
performed was medically necessary pursuant to this
chapter; and
``(D) a certification by the physician performing
an abortion under a medical emergency pursuant to
section 1531(c), under threat of criminal prosecution
under section 1746 of title 28, that, in his or her
best medical judgment, a medical emergency existed, and
the specific medical condition upon which the physician
based his or her decision.
``(3) Confidentiality.--The Secretary of Health and Human
Services shall promulgate regulations to ensure that the
identity of a mother described in section 1531(a)(1) is kept
confidential, with respect to a certification filed by a
physician under this chapter.
``(b) State Regulations.--A State, and the medical licensing
authority of the State, shall develop regulations and procedures for
the revocation or suspension of the medical license of a physician upon
a finding under section 1532 that the physician has violated a
provision of this chapter. A State that fails to implement such
procedures shall be subject to loss of funding under title XIX of the
Social Security Act.
``Sec. 1534. State law
``(a) In General.--The requirements of this chapter shall not apply
with respect to post-viability abortions in a State if there is a State
law in effect in that State that regulates, restricts, or prohibits
such abortions to the extent permitted by the Constitution of the
United States.
``(b) Definition.--In subsection (a), the term `State law' means
all laws, decisions, rules, or regulations of any State, or any other
State action, having the effect of law.
``Sec. 1535. Definitions
``In this chapter:
``(1) Grievous injury.--
``(A) In general.--The term `grievous injury'
means--
``(i) a severely debilitating disease or
impairment specifically caused by the
pregnancy; or
``(ii) an inability to provide necessary
treatment for a life-threatening condition.
``(B) Limitation.--The term `grievous injury' does
not include any condition that is not medically
diagnosable or any condition for which termination of
the pregnancy is not medically indicated.
``(2) Physician.--The term `physician' means a doctor of
medicine or osteopathy legally authorized to practice medicine
and surgery by the State in which the doctor performs such
activity, or any other individual legally authorized by the
State to perform abortions, except that any individual who is
not a physician or not otherwise legally authorized by the
State to perform abortions, but who nevertheless directly
performs an abortion in violation of section 1531 shall be
subject to the provisions of this chapter.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 73 the following new item:
``74. Ban on certain abortions............................. 1531.''. | Late-Term Abortion Limitation Act of 1998 - Amends the Federal criminal code to prohibit a physician from intentionally aborting a viable fetus unless the physician, prior to performing the abortion, and an independent physician who will not perform nor be present at the abortion and who was not previously involved in the treatment of the mother certify in writing that continuation of the pregnancy would threaten the mother's life or risk grievous injury to her physical health.
Bars the prosecution of a woman who has had an abortion after fetal viability for conspiring to violate such prohibition or for specified offenses, such as being an accessory after the fact.
Makes the certification requirements of this Act inapplicable when, in the medical judgment of the physician performing the abortion based on the particular facts of the case, there exists a medical emergency. Requires such physician, after the abortion has been completed, to certify in writing the specific medical condition which formed the basis for determining that a medical emergency existed.
Authorizes the Attorney General, or specified other officials, to commence a civil action in U.S. district court to enforce this Act. Directs the court, upon a finding by the court that the respondent in such an action has knowingly violated this Act, to notify the appropriate State medical licensing authority to suspend the respondent's medical license, assess a civil penalty of up to $100,000, or both. Provides for license revocation, a civil penalty of up to $250,000, or both for subsequent offenses.
Sets forth provisions regarding: (1) hearings to determine penalties; and (2) certification requirements to the court regarding the provision of notice to State or local officials of alleged violations and the belief that action by the United States is in the public interest.
Directs the Secretary of Health and Human Services to: (1) publish proposed regulations for the filing of certifications by physicians under this Act; and (2) promulgate regulations to ensure confidentiality.
Requires a State and its medical licensing authority to develop regulations and procedures for the revocation or suspension of the medical license of a physician who violates this Act. Subjects States failing to implement such procedures to loss of funding under title XIX of the Social Security Act (Medicaid).
Specifies that the requirements of this Act shall not apply with respect to post-viability abortions in a State if there is a State law in effect that regulates, restricts, or prohibits such abortions to the extent permitted by the U.S. Constitution. | {"src": "billsum_train", "title": "Late-Term Abortion Limitation Act of 1998"} | 1,952 | 546 | 0.657401 | 2.01819 | 0.701096 | 4.698113 | 3.775681 | 0.899371 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Partnership Benefits and
Obligations Act of 1998''.
SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES.
(a) In General.--A domestic partner of an employee shall be
entitled to benefits available to and obligations imposed upon a spouse
of an employee.
(b) Certification of Eligibility.--In order to obtain benefits
under this Act, an employee shall file an affidavit of eligibility for
benefits with the Office of Personnel Management certifying that the
employee and the domestic partner of the employee--
(1) are each other's sole domestic partner and intend to
remain so indefinitely;
(2) have a common residence, and intend to continue the
arrangement;
(3) are at least 18 years of age and mentally competent to
consent to contract;
(4) share responsibility for a significant measure of each
other's common welfare and financial obligations;
(5) are not married to or domestic partners with anyone
else;
(6) understand that willful falsification of information
within the affidavit may lead to disciplinary action, including
termination of employment, and the recovery of the cost of
benefits received related to such falsification; and
(7) are same sex domestic partners, and not related in a
way that, if the 2 were of opposite sex, would prohibit legal
marriage in the State in which they reside.
(c) Dissolution of Partnership.--
(1) In general.--An employee or domestic partner of an
employee who obtains benefits under this Act shall file a
statement of dissolution of the domestic partnership with the
Office of Personnel Management not later than 30 days after the
death of the employee or the domestic partner or the date of
dissolution of the domestic partnership.
(2) Death of employee.--In a case in which an employee
dies, the domestic partner of the employee at the time of death
shall be deemed a spouse of the employee for the purpose of
receiving benefits under this Act.
(3) Other dissolution of partnership.--
(A) In general.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, any
benefits received by the domestic partner as a result
of this Act shall terminate.
(B) Exception.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, any
health benefits received by the domestic partner as a
result of this Act shall continue for a period of 60
days after the date of the dissolution of the
partnership. The domestic partner shall pay for such
benefits in the same manner that a former spouse would
pay for such benefits under section 8905a of title 5,
United States Code.
(d) Subsequent Partnerships.--If an employee files a statement of
dissolution of partnership under subsection (c)(1), the employee may
file a certification of eligibility under subsection (b) relating to
another partner--
(1) not earlier than 180 days after the date of filing such
statement of dissolution, if such dissolution did not result
from the death of a partner; or
(2) on any date after the filing of such statement of
dissolution, if such dissolution resulted from the death of a
partner.
(e) Confidentiality.--Any information submitted to the Office of
Personnel Management under subsection (b) shall be used solely for the
purpose of certifying an individual's eligibility for benefits under
subsection (a).
(f) Definitions.--In this Act:
(1) Domestic partner.--The term ``domestic partner'' means
an adult person living with, but not married to, another adult
person in a committed, intimate relationship.
(2) Benefits.--The term ``benefits'' means--
(A) any benefit under the civil service retirement
system under chapter 83 of title 5, United States Code,
including any benefit from participation in the thrift
savings plan under subchapter III of chapter 84 of such
title;
(B) any benefit under the Federal employees'
retirement system under chapter 84 of title 5, United
States Code;
(C) life insurance benefits under chapter 87 of
title 5, United States Code;
(D) health insurance benefits under chapter 89 of
title 5, United States Code; and
(E) compensation for work injuries under chapter 81
of title 5, United States Code.
(3) Employee.--
(A) With respect to Civil Service Retirement, the
term ``employee'' shall have the meaning given such
term in section 8331(1) of title 5, United States Code.
(B) With respect to Federal Employees' Retirement,
the term ``employee'' shall have the meaning given such
term in section 8401(11) of title 5, United States
Code.
(C) With respect to life insurance, the term
``employee'' shall have the meaning given such term in
section 8701(a) of title 5, United States Code.
(D) With respect to health insurance, the term
``employee'' shall have the meaning given such term in
section 8901 of title 5, United States Code.
(E) With respect to compensation for work injuries,
the term ``employee'' shall have the meaning given such
term in section 8101(1) of title 5, United States Code.
(4) Obligations.--The term ``obligations'' means any duties
or responsibilities that would be incurred by the spouse of an
employee.
SEC. 3. EXEMPTION FROM TAX FOR EMPLOYER-PROVIDED FRINGE BENEFITS TO
DOMESTIC PARTNERS.
Section 106 of the Internal Revenue Code of 1986 (relating to
contributions by employer to accident and health plans) is amended by
adding at the end the following new subsection:
``(d) Treatment of Domestic Partners.--The provisions of section 2
of the Domestic Partnership Benefits and Obligations Act of 1998 shall
apply to employees and domestic partners of employees for purposes of
this section and any other benefit which is not includible in the gross
income of employees by reason of an express provision of this
chapter.''.
SEC. 4. FUNDING.
It is the sense of Congress that any funds necessary for the
implementation of this Act should be funded from reductions in
unnecessary tax benefits available only to large corporations and
individuals who are in the maximum tax bracket. | Domestic Partnership Benefits and Obligations Act of 1998 - Entitles domestic partners of Federal employees to benefits available to spouses of Federal employees.
Expresses the sense of the Congress that any funds necessary for the implementation of this Act should be funded from reductions in unnecessary tax benefits available only to large corporations and individuals who are in the maximum tax bracket. | {"src": "billsum_train", "title": "Domestic Partnership Benefits and Obligations Act of 1998"} | 1,426 | 75 | 0.45257 | 1.124177 | 0.295376 | 6.830769 | 20.015385 | 0.953846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights History Project Act of
2006''.
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 2007; and
(2) such sums as may be necessary for each of the fiscal
years 2008 through 2011. | Civil Rights History Project Act of 2006 - Requires the Librarian of Congress and the Secretary of the Smithsonian Institution (acting through the Director of the National Museum of African American History and Culture) to establish an oral history project to: (1) collect video and audio recordings of, and visual and written materials relevant to the personal histories of, participants in the Civil Rights movement; and (2) make the collection available for public use through the Library of Congress and the Museum. | {"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."} | 1,591 | 99 | 0.572417 | 1.512955 | 1.167856 | 5.247312 | 15.752688 | 0.989247 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Armed Forces Tax
Fairness Act of 2003''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. SPECIAL RULE FOR MEMBERS OF UNIFORMED SERVICES AND FOREIGN
SERVICE IN DETERMINING EXCLUSION OF GAIN FROM SALE OF
PRINCIPAL RESIDENCE.
(a) In General.--Subsection (d) of section 121 of the Internal
Revenue Code of 1986 (relating to exclusion of gain from sale of
principal residence) is amended by adding at the end the following new
paragraph:
``(10) Members of uniformed services and foreign service.--
``(A) In general.--At the election of an individual
with respect to a property, the running of the 5-year
period referred to in subsections (a) and (c)(1)(B) and
paragraph (7) of this subsection with respect to such
property shall be suspended during any period that such
individual or such individual's spouse is serving on
qualified official extended duty as a member of the
uniformed services or of the Foreign Service.
``(B) Maximum period of suspension.--Such 5-year
period shall not be extended more than 5 years by
reason of subparagraph (A).
``(C) Qualified official extended duty.--For
purposes of this paragraph--
``(i) In general.--The term `qualified
official extended duty' means any extended duty
while serving at a duty station which is at
least 150 miles from such property or while
residing under Government orders in Government
quarters.
``(ii) Uniformed services.--The term
`uniformed services' has the meaning given such
term by section 101(a)(5) of title 10, United
States Code, as in effect on the date of the
enactment of this paragraph.
``(iii) Foreign service.--The term `member
of the Foreign Service' has the meaning given
the term `member of the Service' by paragraph
(1), (2), (3), (4), or (5) of section 103 of
the Foreign Service Act of 1980, as in effect
on the date of the enactment of this paragraph.
``(iv) Extended duty.--The term `extended
duty' means any period of active duty pursuant
to a call or order to such duty for a period in
excess of 180 days or for an indefinite period.
``(D) Special rules relating to election.--
``(i) Election limited to 1 property at a
time.--An election under subparagraph (A) with
respect to any property may not be made if such
an election is in effect with respect to any
other property.
``(ii) Revocation of election.--An election
under subparagraph (A) may be revoked at any
time.''.
(b) Effective Date; Special Rule.--
(1) Effective date.--The amendment made by this section
shall take effect as if included in the amendments made by
section 312 of the Taxpayer Relief Act of 1997.
(2) Waiver of limitations.--If refund or credit of any
overpayment of tax resulting from the amendment made by this
section is prevented at any time before the close of the 1-year
period beginning on the date of the enactment of this Act by
the operation of any law or rule of law (including res
judicata), such refund or credit may nevertheless be made or
allowed if claim therefor is filed before the close of such
period.
SEC. 3. RESTORATION OF FULL EXCLUSION FROM GROSS INCOME OF DEATH
GRATUITY PAYMENT.
(a) In General.--Paragraph (3) of section 134(b) (relating to
qualified military benefit) is amended by adding at the end the
following new subparagraph:
``(C) Exception for death gratuity adjustments made
by law.--Subparagraph (A) shall not apply to any
adjustment to the amount of death gratuity payable
under chapter 75 of title 10, United States Code, which
is pursuant to a provision of law enacted before
December 31, 1991.''.
(b) Conforming Amendment.--Section 134(b)(3)(A) is amended by
striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and
(C)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to deaths occurring after September 10, 2001.
SEC. 4. EXCLUSION FOR AMOUNTS RECEIVED UNDER DEPARTMENT OF DEFENSE
HOMEOWNERS ASSISTANCE PROGRAM.
(a) In General.--Subsection (a) of section 132 (relating to certain
fringe benefits) is amended by striking ``or'' at the end of paragraph
(6), by striking the period at the end of paragraph (7) and inserting
``, or'' and by adding at the end the following new paragraph:
``(8) qualified military base realignment and closure
fringe.''.
(b) Qualified Military Base Realignment and Closure Fringe.--
Section 132 is amended by redesignating subsection (n) as subsection
(o) and by inserting after subsection (m) the following new subsection:
``(n) Qualified Military Base Realignment and Closure Fringe.--
``(1) In general.--For purposes of this section, the term
`qualified military base realignment and closure fringe' means
1 or more payments under the authority of section 1013 of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) (as in effect on the date of the enactment of
this subsection).
``(2) Limitation.--With respect to any property, such term
shall not include any payment referred to in paragraph (1) to
the extent that the sum of all such payments related to such
property exceeds the amount described in clause (1) of
subsection (c) of such section (as in effect on such date).''.
(c) Effective Date.--The amendments made by this section shall
apply to payments made after the date of the enactment of this Act.
SEC. 5. EXPANSION OF COMBAT ZONE FILING RULES TO CONTINGENCY
OPERATIONS.
(a) In General.--Subsection (a) of section 7508 (relating to time
for performing certain acts postponed by reason of service in combat
zone) is amended--
(1) by inserting ``or when deployed outside the United
States away from the individual's permanent duty station while
participating in an operation designated by the Secretary of
Defense as a contingency operation (as defined in section
101(a)(13) of title 10, United States Code) or which became
such a contingency operation by operation of law'' after
``section 112'',
(2) by inserting in the first sentence ``or at any time
during the period of such contingency operation'' after ``for
purposes of such section'',
(3) by inserting ``or operation'' after ``such an area'',
and
(4) by inserting ``or operation'' after ``such area''.
(b) Conforming Amendments.--
(1) Section 7508(d) is amended by inserting ``or
contingency operation'' after ``area''.
(2) The heading for section 7508 is amended by inserting
``or contingency operation'' after ``combat zone''.
(3) The item relating to section 7508 in the table of
sections for chapter 77 is amended by inserting ``or
contingency operation'' after ``combat zone''.
(c) Effective Date.--The amendments made by this section shall
apply to any period for performing an act which has not expired before
the date of the enactment of this Act.
SEC. 6. MODIFICATION OF MEMBERSHIP REQUIREMENT FOR EXEMPTION FROM TAX
FOR CERTAIN VETERANS' ORGANIZATIONS.
(a) In General.--Subparagraph (B) of section 501(c)(19) (relating
to list of exempt organizations) is amended by striking ``or widowers''
and inserting ``, widowers, ancestors, or lineal descendants''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 7. CLARIFICATION OF THE TREATMENT OF CERTAIN DEPENDENT CARE
ASSISTANCE PROGRAMS.
(a) In General.--Subsection (b) of section 134 (defining qualified
military benefit) is amended by adding at the end the following new
paragraph:
``(4) Clarification of certain benefits.--For purposes of
paragraph (1), such term includes any dependent care assistance
program (as in effect on the date of the enactment of this
paragraph) for any individual described in paragraph (1)(A).''.
(b) Conforming Amendments.--
(1) Section 134(b)(3)(A) (as amended by section 102) is
further amended by inserting ``and paragraph (4)'' after
``subparagraphs (B) and (C)''.
(2) Section 3121(a)(18) is amended by striking ``or 129''
and inserting ``, 129, or 134(b)(4)''.
(3) Section 3306(b)(13) is amended by striking ``or 129''
and inserting ``, 129, or 134(b)(4)''.
(4) Section 3401(a)(18) is amended by striking ``or 129''
and inserting ``, 129, or 134(b)(4)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
SEC. 8. CLARIFICATION RELATING TO EXCEPTION FROM ADDITIONAL TAX ON
CERTAIN DISTRIBUTIONS FROM QUALIFIED TUITION PROGRAMS,
ETC., ON ACCOUNT OF ATTENDANCE AT MILITARY ACADEMY.
(a) In General.--Subparagraph (B) of section 530(d)(4) (relating to
exceptions from additional tax for distributions not used for
educational purposes) is amended by striking ``or'' at the end of
clause (iii), by redesignating clause (iv) as clause (v), and by
inserting after clause (iii) the following new clause:
``(iv) made on account of the attendance of
the designated beneficiary at the United States
Military Academy, the United States Naval
Academy, the United States Air Force Academy,
the United States Coast Guard Academy, or the
United States Merchant Marine Academy, to the
extent that the amount of the payment or
distribution does not exceed the costs of
advanced education (as defined by section
2005(e)(3) of title 10, United States Code, as
in effect on the date of the enactment of this
section) attributable to such attendance, or''.
(b) Effective Date.--The amendment made by this section shall take
effect for taxable years beginning after December 31, 2002.
SEC. 9. ABOVE-THE-LINE DEDUCTION FOR OVERNIGHT TRAVEL EXPENSES OF
NATIONAL GUARD AND RESERVE MEMBERS.
(a) Deduction Allowed.--Section 162 (relating to certain trade or
business expenses) is amended by redesignating subsection (p) as
subsection (q) and inserting after subsection (o) the following new
subsection:
``(p) Treatment of Expenses of Members of Reserve Component of
Armed Forces of the United States.--For purposes of subsection (a)(2),
in the case of an individual who performs services as a member of a
reserve component of the Armed Forces of the United States at any time
during the taxable year, such individual shall be deemed to be away
from home in the pursuit of a trade or business for any period during
which such individual is away from home in connection with such
services.''.
(b) Deduction Allowed Whether or Not Taxpayer Elects To Itemize.--
Paragraph (2) of section 62(a) (relating to certain trade and business
deductions of employees) is amended by adding at the end the following
new subparagraph:
``(E) Certain expenses of members of reserve
components of the armed forces of the united states.--
The deductions allowed by section 162 which consist of
expenses, determined at a rate not in excess of the
rates for travel expenses (including per diem in lieu
of subsistence) authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United
States Code, and not in excess of $1,500, paid or
incurred by the taxpayer in connection with the
performance of services by such taxpayer as a member of
a reserve component of the Armed Forces of the United
States for any period during which such individual is
more than 100 miles away from home in connection with
such services.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2002.
SEC. 10. TAX RELIEF AND ASSISTANCE FOR FAMILIES OF ASTRONAUTS WHO LOSE
THEIR LIVES ON A SPACE MISSION.
(a) Income Tax Relief.--
(1) In general.--Subsection (d) of section 692 (relating to
income taxes of members of Armed Forces and victims of certain
terrorist attacks on death) is amended by adding at the end the
following new paragraph:
``(5) Relief with respect to astronauts.--The provisions of
this subsection shall apply to any astronaut whose death occurs
while on a space mission, except that paragraph (3)(B) shall be
applied by using the date of the death of the astronaut rather
than September 11, 2001.''.
(2) Conforming amendments.--
(A) Section 5(b)(1) is amended by inserting ``,
astronauts,'' after ``Forces''.
(B) Section 6013(f)(2)(B) is amended by inserting
``, astronauts,'' after ``Forces''.
(3) Clerical amendments.--
(A) The heading of section 692 is amended by
inserting ``, astronauts,'' after ``forces''.
(B) The item relating to section 692 in the table
of sections for part II of subchapter J of chapter 1 is
amended by inserting ``, astronauts,'' after
``Forces''.
(4) Effective date.--The amendments made by this subsection
shall apply with respect to any astronaut whose death occurs
after December 31, 2002.
(b) Death Benefit Relief.--
(1) In general.--Subsection (i) of section 101 (relating to
certain death benefits) is amended by adding at the end the
following new paragraph:
``(4) Relief with respect to astronauts.--The provisions of
this subsection shall apply to any astronaut whose death occurs
while on a space mission.''.
(2) Clerical amendment.--The heading for subsection (i) of
section 101 is amended by inserting ``or Astronauts'' after
``Victims''.
(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid after December 31, 2002, with
respect to deaths occurring after such date.
(c) Estate Tax Relief.--
(1) In general.--Subsection (b) of section 2201 (defining
qualified decedent) is amended by striking ``and'' at the end
of paragraph (1)(B), by striking the period at the end of
paragraph (2) and inserting ``, and'', and by adding at the end
the following new paragraph:
``(3) any astronaut whose death occurs while on a space
mission.''.
(2) Clerical amendments.--
(A) The heading of section 2201 is amended by
inserting ``, deaths of astronauts,'' after ``forces''.
(B) The item relating to section 2201 in the table
of sections for subchapter C of chapter 11 is amended
by inserting ``, deaths of astronauts,'' after
``Forces''.
(3) Effective date.--The amendments made by this subsection
shall apply to estates of decedents dying after December 31,
2002.
SEC. 11. PROTECTION OF SOCIAL SECURITY.
The amounts transferred to any trust fund under title II of the
Social Security Act shall be determined as if this Act (other than this
section) had not been enacted.
Passed the House of Representatives April 9, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | (This measure has not been amended since it was introduced in the House on April 8, 2003. However, because action occurred on the measure, the summary has been expanded.)Armed Forces Tax Fairness Act of 2003 - (Sec. 2) Amends the Internal Revenue Code to authorize a member of the uniformed services or the Foreign Service on "qualified official extended duty" (any duty in excess of 180 days while serving at a duty station which is at least 150 miles from the principal residence or while residing under Government orders in Government quarters), to extend for five years the five-year period utilized in determining full exclusion of gain from the sale of a principal residence.Includes among the uniformed services: (1) the armed forces; (2) the commissioned corps of the National Oceanic and Atmospheric Administration; and (3) the commissioned corps of the Public Health Service.Makes such provisions effective as if included in section 312 of the Taxpayer Relief Act of 1997.States that if a refund or credit resulting from this section is prevented before the close of the one-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may be allowed if claimed before the close of such period.(Sec. 3) Excludes from gross income as a qualified military benefit the amount of the death gratuity payable under chapter 75 of title 10 of the United States Code, effective with respect to deaths occurring after September 10, 2001.(Sec. 4) Exempts amounts received under the Homeowners Assistance Program from inclusion as gross income.(Sec. 5) Extends combat zone filing rules to contingency operations.(Sec. 6) Includes ancestors or lineal descendants of past or present members of the armed forces or of cadets as qualifying members of veterans' organizations for purposes of such organizations' tax-exempt status determination.(Sec. 7) Includes dependent care assistance provided under a dependent care assistance program for a member of the uniformed services by reason of such member's status or service as an income-excludable qualified military benefit.(Sec. 8) Exempts distributions from an education individual retirement account from the ten percent additional tax for non-educational use: (1) if made for an account holder at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, or the United States Merchant Marine Academy; and (2) to the extent that the distribution does not exceed the costs of advanced education.(Sec. 9) Provides a deduction (limited to $1,500) for itemizers and non-itemizers for unreimbursed overnight travel, meals, and lodging expenses of National Guard and Reserve members who must travel more than 100 miles away from home and stay overnight as part of their official duties.(Sec. 10) Provides tax relief for families of the Columbia Space Shuttle by making the tax relief provisions applicable to terrorist attack victims applicable to the Columbia Space Shuttle.(Sec. 11) Provides that amounts transferred to any trust fund under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act shall be determined as if this Act had not enacted. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a special rule for members of the uniformed services in determining the exclusion of gain from the sale of a principal residence and to restore the tax exempt status of death gratuity payments to members of the uniformed services, and for other purposes."} | 3,889 | 744 | 0.598261 | 1.835163 | 0.600829 | 3.4 | 5.495 | 0.86 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Disclosures
Protections Act of 2007''.
SEC. 2. ALTERNATIVE REMEDY FOR RETALIATION AGAINST WHISTLEBLOWERS
MAKING DISCLOSURES TO CONGRESS.
(a) In General.--Subchapter II of chapter 72 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 7212. Alternative remedy
``(a) Definitions.--For purposes of this section--
``(1) the term `compensatory damages' means damages awarded
to a complaining party for each `action', which shall be
synonymous with `cause of action' or `claim', as prescribed by
title VII of the Civil Rights Act of 1991;
``(2) the term `covered disclosure' means a disclosure of
information--
``(A) made by an employee to either House of
Congress or to a committee or Member or staff thereof;
and
``(B) which the employee reasonably believes
evidences--
``(i) a violation of any law (including
title VII of the Civil Rights Act of 1964),
rule, or regulation; or
``(ii) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety;
``(3) the term `employee' means an individual as defined by
section 2105 and any other individual, including permanent,
temporary, full or part time employees or applicants,
independent contractors, medical or other staff, professionals
with institutional privileges, individuals paid by temporary
services, or individuals performing services for an
organization that in whole or in part is a contractor, grantee
or other recipient if the United States government provides any
portions of the money or property which is requested or
demanded; and
``(4) the term `interfered with or denied' includes any
personnel action in section 2302(a)(2)(A); implementation or
enforcement of any nondisclosure policy, form or agreement in
violation of this section; and investigation or prosecution of
any alleged violation of title 18 provisions other than those
prohibiting crimes of violence, moral turpitude or espionage.
``(b) Alternative Remedy.--An employee aggrieved by a violation of
section 7211 with respect to a covered disclosure may within a year of
the alleged violation bring an action at law and equity in the
appropriate district court of the United States--
``(1) which shall have jurisdiction over such an action
without regard to the amount in controversy and which action
shall, at the request of any party to such action, be tried by
the court with a jury; and
``(2) in any proceeding under this subsection, a court--
``(A) shall apply the standards set forth in
section 1221(e); and
``(B) shall award triple lost wages, benefits,
reinstatement, costs including reasonable expert
witness fees, triple attorney fees, triple compensatory
damages including emotional distress and lost
reputation, and equitable, injunctive, and any other
relief that the court considers appropriate.
``(c) Choice of Remedies.--Except in the circumstance described in
subsection (b)(1)(B), the commencement of an action under this
subsection bars the employee from pursuing (or further pursuing) any
remedy otherwise available under section 1221 or 7701 with respect to
the personnel action involved.''.
(b) Clerical Amendment.--The table of sections for chapter 72 of
title 5, United States Code, is amended by inserting after the item
relating to section 7211 the following:
``7212. Alternative remedy.''.
(c) Effective Date.--The amendments made by this Act shall take
effect on the date of enactment of this Act and shall apply with
respect to any personnel action (as defined by section 2302(a)(2)(A) of
title 5, United States Code) occurring on or after such date of
enactment.
``7212. Alternative remedy.''.
SEC. 3. RIGHT OF REPRESENTATION.
Section 1212(a) of title 5, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) upon request, furnish such legal representation as an
employee may require in a proceeding in which such employee
seeks relief under section 7212 of title 5.''.
SEC. 4. AMENDMENT TO NO FEAR ACT.
Paragraph (3) of section 203(a) of the Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended to read as follows:
``(3) the amount of money required to be reimbursed by such
agency under section 201 in connection with each of such cases,
including for salaries or pay, travel costs, and any other
expenses, separately identifying the aggregate amount of such
reimbursements attributable to the payment of attorney's fees,
if any, and separately identifying the total dollar amount by
fiscal year of any reimbursement for which an agency remains
liable under section 201;''. | Congressional Disclosures Protections Act of 2007 - Amends federal personnel law to: (1) define "covered disclosure" with respect to federal whistleblower protections to mean a disclosure of information made by an employee to either House of Congress or to a congressional committee or staff member which such employee reasonably believes evidences a violation of any law, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (2) allow federal employees to seek de novo review of their whistleblower claims within one year of filing such claims; (3) expand legal remedies for whistleblowers, including triple damages for lost wages, triple attorney fees, and triple compensatory damages; and (4) require the Office of Special Counsel to provide legal representation to whistleblowers, upon request.
Amends the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No Fear Act) to expand the reporting requirements of federal agencies relating to reimbursement of the expenses of employees who have filed whistleblower claims. | {"src": "billsum_train", "title": "To strengthen the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, and for other purposes."} | 1,176 | 228 | 0.502888 | 1.570946 | 0.905057 | 2.97449 | 5.469388 | 0.821429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Petroleum Supply Act''.
SEC. 2. PURCHASES FROM STRATEGIC PETROLEUM RESERVE BY ENTITIES IN
INSULAR AREAS OF UNITED STATES.
Section 161 of the Energy Policy and Conservation Act (42 U.S.C.
6241) is amended by adding at the end the following:
``(j) Purchases From Strategic Petroleum Reserve by Entities in
Insular Areas of United States.--
``(1) Definitions.--In this subsection:
``(A) Binding offer.--The term `binding offer'
means a bid submitted by the State of Hawaii for an
assured award of a specific quantity of petroleum
product, with a price to be calculated pursuant to this
Act, that obligates the offeror to take title to the
petroleum product without further negotiation or
recourse to withdraw the offer.
``(B) Category of petroleum product.--The term
`category of petroleum product' means a master line
item within a notice of sale.
``(C) Eligible entity.--The term `eligible entity'
means an entity that owns or controls a refinery that
is located within the State of Hawaii.
``(D) Full tanker load.--The term `full tanker
load' means a tanker of approximately 700,000 barrels
of capacity, or such lesser tanker capacity as may be
designated by the State of Hawaii.
``(E) Insular area.--The term `insular area' means
the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, the United States Virgin
Islands, Guam, American Samoa, the Republic of the
Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau.
``(F) Offering.--The term `offering' means a
solicitation for bids for a quantity or quantities of
petroleum product from the Strategic Petroleum Reserve
as specified in the notice of sale.
``(G) Notice of sale.--The term `notice of sale'
means the document that announces--
``(i) the sale of Strategic Petroleum
Reserve products;
``(ii) the quantity, characteristics, and
location of the petroleum product being sold;
``(iii) the delivery period for the sale;
and
``(iv) the procedures for submitting
offers.
``(2) In General.--In the case of an offering of a quantity
of petroleum product during a drawdown of the Strategic
Petroleum Reserve--
``(A) the State of Hawaii, in addition to having
the opportunity to submit a competitive bid, may--
``(i) submit a binding offer, and shall on
submission of the offer, be entitled to
purchase a category of a petroleum product
specified in a notice of sale at a price equal
to the volumetrically weighted average of the
successful bids made for the remaining quantity
of the petroleum product within the category
that is the subject of the offering; and
``(ii) submit 1 or more alternative offers,
for other categories of the petroleum product,
that will be binding if no price competitive
contract is awarded for the category of
petroleum product on which a binding offer is
submitted under clause (i); and
``(B) at the request of the Governor of the State
of Hawaii, a petroleum product purchased by the State
of Hawaii at a competitive sale or through a binding
offer shall have first preference in scheduling for
lifting.
``(3) Limitation on quantity.--
``(A) In general.--In administering this
subsection, in the case of each offering, the Secretary
may impose the limitation described in subparagraph (B)
or (C) that results in the purchase of the lesser
quantity of petroleum product.
``(B) Portion of quantity of previous imports.--The
Secretary may limit the quantity of a petroleum product
that the State of Hawaii may purchase through a binding
offer at any offering to \1/12\ of the total quantity
of imports of the petroleum product brought into the
State during the previous year (or other period
determined by the Secretary to be representative).
``(C) Percentage of offering.--The Secretary may
limit the quantity that may be purchased through
binding offers at any offering to 3 percent of the
offering.
``(4) Adjustments.--
``(A) In general.--Notwithstanding any limitation
imposed under paragraph (3), in administering this
subsection, in the case of each offering, the Secretary
shall, at the request of the Governor of the State of
Hawaii, or an eligible entity certified under paragraph
(7), adjust the quantity to be sold to the State of
Hawaii in accordance with this paragraph.
``(B) Upward adjustment.--The Secretary shall
adjust upward to the next whole number increment of a
full tanker load if the quantity to be sold is--
``(i) less than 1 full tanker load; or
``(ii) greater than or equal to 50 percent
of a full tanker load more than a whole number
increment of a full tanker load.
``(C) Downward adjustment.--The Secretary shall
adjust downward to the next whole number increment of a
full tanker load if the quantity to be sold is less
than 50 percent of a full tanker load more than a whole
number increment of a full tanker load.
``(5) Delivery to other locations.--The State of Hawaii may
enter into an exchange or a processing agreement that requires
delivery to other locations, if a petroleum product of similar
value or quantity is delivered to the State of Hawaii.
``(6) Standard sales provisions.--Except as otherwise
provided in this Act, the Secretary may require the State of
Hawaii to comply with the standard sales provisions applicable
to purchasers of petroleum product at competitive sales.
``(7) Eligible entities.--
``(A) In general.--Subject to subparagraphs (B) and
(C) and notwithstanding any other provision of this
paragraph, if the Governor of the State of Hawaii
certifies to the Secretary that the State has entered
into an agreement with an eligible entity to carry out
this Act, the eligible entity may act on behalf of the
State of Hawaii to carry out this subsection.
``(B) Limitation.--The Governor of the State of
Hawaii shall not certify more than 1 eligible entity
under this paragraph for each notice of sale.
``(C) Barred company.--If the Secretary has
notified the Governor of the State of Hawaii that a
company has been barred from bidding (either prior to,
or at the time that a notice of sale is issued), the
Governor shall not certify the company under this
paragraph.
``(7) Supplies of petroleum products.--At the request of
the governor of an insular area, the Secretary shall, for a
period not to exceed 180 days following a drawdown of the
Strategic Petroleum Reserve, assist the insular area in its
efforts to maintain adequate supplies of petroleum products
from traditional and non-traditional suppliers.''.
SEC. 3. REGULATIONS.
(a) In General.--The Secretary of Energy shall issue such
regulations as are necessary to carry out the amendment made by section
2.
(b) Administrative Procedure.--Regulations issued to carry out the
amendment made by section 2 shall not be subject to--
(1) section 523 of the Energy Policy and Conservation Act
(42 U.S.C. 6393); or
(2) section 501 of the Department of Energy Organization
Act (42 U.S.C. 7191).
SEC. 4. EFFECTIVE DATE.
The amendment made by section 2 takes effect on the earlier of--
(1) the date that is 180 days after the date of enactment
of this Act; or
(2) the date that final regulations are issued under
section 3. | Emergency Petroleum Supply Act - Amends the Energy Policy and Conservation Act with respect to each offering of a quantity of petroleum product during a drawdown of the Strategic Petroleum Reserve to prescribe guidelines according to which the State of Hawaii may: (1) submit binding offers for (thus becoming entitled to) and purchase categories of such product, receiving, at the Governor's request, first preference in scheduling for lifting; and (2) enter into agreements with eligible entities (local refineries) which may act on the State's behalf.
Instructs the Secretary of Energy, at the request of the governor of an insular area, to assist such area in its efforts to maintain adequate petroleum products supplies for a maximum 180-day period. | {"src": "billsum_train", "title": "Emergency Petroleum Supply Act"} | 1,750 | 151 | 0.605443 | 1.66433 | 0.659773 | 3.014286 | 11.342857 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kosova Peace, Democracy, and Human
Rights Act of 1995''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Constitution of the Socialist Federal Republic of
Yugoslavia, adopted in 1946, and the amended Constitution of
Yugoslavia, adopted in 1974, described the status of Kosova as
one of the eight constituent territorial units of the Yugoslav
Federation.
(2) The political rights of the Albanian majority in Kosova
were curtailed when the Government of Yugoslavia illegally
amended the Constitution of Yugoslavia without the consent of
the people of Kosova on March 23, 1989, revoking the autonomous
status of Kosova.
(3) In 1990, the Parliament and Government of Kosova were
abolished by further unlawful amendments to the Constitution of
Yugoslavia.
(4) In September 1990, a referendum on the question of
independence for Kosova was held in which 87 percent of those
eligible to participate voted and 99 percent of those voting
supported independence for Kosova.
(5) In May 1992, a Kosovar national parliament was elected
and Dr. Ibrahim Rugova was overwhelmingly elected President of
the Republic of Kosova.
(6) The Parliament and Government of Kosova were not
permitted to assemble in Kosova.
(7) Credible reports of Serbian ``ethnic cleansing'' in
Kosova have been received by the United Nations Special
Rapporteur on Human Rights, and in January 1995, Serbia
announced a new policy to colonize Albanian land in Kosova.
(8) Over 100,000 ethnic Albanians in government, police,
the judiciary, enterprises, media, educational institutions,
and hospitals of Kosova have been removed from their jobs and
replaced by Serbians.
(9) The government in Belgrade has severely restricted the
access of ethnic Albanians in Kosova to all levels of
education, especially education in the Albanian language,
solely on the basis of their ethnicity.
(10) Reports of arrests and brutal beatings by the mostly
Serbian police, sometimes leading to the death of ethnic
Albanians in Kosova for expressing views in opposition to
Serbian authorities, are received almost daily.
(11) Observers of the Organization on Security and
Cooperation in Europe dispatched to Kosova in 1991 were
expelled by the government in Belgrade in July 1993.
(12) The Government of Serbia has ignored United Nations
Security Council Resolution 855 of August 1993, which calls
upon Belgrade to allow the continuation of the mission of the
Organization on Security and Cooperation in Europe and to
guarantee the safety of and unimpeded access for monitors of
the Organization on Security and Cooperation in Europe.
(13) Following the departure of such observers, several
international human rights organizations, including Amnesty
International, Human Rights Watch-Helsinki, and the Helsinki
Federation for Human Rights have documented an increase in
humanitarian abuses in Kosova.
(14) Congress provided for the opening of a United States
Information Agency cultural center in Prishtina, Kosova, in
section 223 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993, but the Department of State has asserted
that security conditions have prevented the establishment of
such center.
(15) The President has explicitly warned the Government of
Serbia that the United States is prepared to respond in the
event of escalated conflict in Kosova caused by Serbia.
(16) On January 4, 1994, President Clinton stated, ``there
are a large number of issues, including Kosova, that I believe
must be addressed before Belgrade should be freed of United
Nations sanctions and able to return to the international
community. . . . As before, our decision of whether to support
suspension of any sanctions will be made in close consultation
with Congress.''.
(17) On February 15, 1994, President Clinton announced,
without prior consultation with the Congress, a set of
conditions, not including improvements in Kosova, which, if met
by Serbia and Montenegro, would result in the lifting of
international sanctions against Serbia and Montenegro.
SEC. 3. POLICY.
It is the policy of the United States that--
(1) the situation in Kosova must be resolved before
Belgrade is freed of international sanctions and is able to
return to the international community;
(2) the right of the people of Kosova to govern themselves
and to establish a separate identity for Kosova must not be
denied;
(3) international observers should be returned to Kosova;
(4) the elected Government of Kosova should be permitted to
meet and exercise its legitimate mandate as elected
representatives of the people of Kosova;
(5) all individuals whose employment was terminated on the
basis of their ethnicity should be reinstated to their previous
positions; and
(6) the education system in Kosova should be reopened to
all residents of Kosova regardless of ethnicity and the
majority ethnic Albanian population should be allowed to
educate its youth in its native tongue.
SEC. 4. RESTRICTIONS ON THE TERMINATION OF SANCTIONS AGAINST SERBIA AND
MONTENEGRO UNTIL CERTAIN CONDITIONS ARE MET.
(a) Restrictions.--Notwithstanding any other provision of law, no
sanction, prohibition, or requirement described in section 1511 of the
National Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160), with respect to Serbia or Montenegro, may cease to be
effective, unless--
(1) the President first submits to the Congress a
certification described in subsection (b); and
(2) the requirements of section 1511 of that Act are met.
(b) Certification.--A certification described in this subsection is
a certification that--
(1) there is substantial progress toward--
(A) the realization of a separate identity for
Kosova and the right of the people of Kosova to govern
themselves; or
(B) the creation of an international protectorate
for Kosova;
(2) there is substantial improvement in the human rights
situation in Kosova;
(3) international human rights observers are allowed to
return to Kosova; and
(4) the elected government of Kosova is permitted to meet
and carry out its legitimate mandate as elected representatives
of the people of Kosova.
SEC. 5. REPORTING REQUIREMENT.
Not later than 60 days after the date of the enactment of this Act,
the President shall prepare and transmit to the Congress a report on--
(1) the situation in Kosova, including the manner in which
the policies of Serbia have affected the economic, social, and
cultural rights of the majority in Kosova;
(2) measures to provide humanitarian assistance to the
population of Kosova and to Kosovar refugees who have fled
Kosova, including the impact of United States sanctions against
Serbia and Montenegro upon the delivery of humanitarian
assistance to Kosova;
(3) recommendations (taking into account the views of other
United Nations Security Council members and the European Union)
on what modalities may be pursued, including the possibility of
establishing an international protectorate for Kosova together
with other members of the United Nations Security Council and
the European Union, to implement international protection of
the rights of the people of Kosova, reestablish an
international presence in Kosova to monitor more effectively
the situation in Kosova, and secure for the people of Kosova
their right to democratic self-government;
(4) the current status of United States efforts to
establish a United States Information Agency cultural center in
Prishtina, Kosova, as provided in section 223 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993,
specifying the security conditions and any other factors
preventing establishment of such center; and
(5) the presence of United States officials in Kosova,
prior to establishment of a United States Information Agency
cultural center in Prishtina, Kosova, including the number,
frequency, and duration of visits of personnel of the United
States Embassy in Belgrade to Kosova during the 12-month period
ending on the date of the enactment of this Act. | Kosova Peace, Democracy, and Human Rights Act of 1995 - Bars specified sanctions, prohibitions, or requirements with respect to Serbia or Montenegro under the National Defense Authorization Act for Fiscal Year 1994 from ceasing to be effective unless: (1) the President first submits to the Congress the certification described by this Act; and (2) such requirements are met.
Describes such certification as a certification that: (1) there is substantial progress toward the realization of a separate identity for Kosova, the right of the people of Kosova to govern themselves, and the creation of an international protectorate for Kosova; (2) there is substantial improvement in the human rights situation in Kosova; and (3) international human rights observers are allowed to return to Kosova and the government of Kosova is permitted to meet and carry out its mandate as elected representatives of the people of Kosova.
Directs the President to report to the Congress on: (1) the situation in Kosova; (2) measures to provide humanitarian assistance to Kosova and Kosovar refugees; (3) recommendations on what modalities may be pursued; (4) the current status of U.S. efforts to establish a U.S. Information Agency cultural center in Kosova; and (5) the presence of U.S. officials in Kosova prior to establishment of such center. | {"src": "billsum_train", "title": "Kosova Peace, Democracy, and Human Rights Act of 1995"} | 1,760 | 288 | 0.573988 | 1.851362 | 0.585276 | 5.177866 | 6.387352 | 0.940711 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Yukon River Salmon Act of 1999''.
SEC. 2. YUKON RIVER SALMON PANEL.
(a) Establishment.--
(1) In general.--There shall be a Yukon River Salmon Panel
(in this Act referred to as the ``Panel'').
(2) Functions.--The Panel shall--
(A) advise the Secretary of State regarding the
negotiation of any international agreement with Canada
relating to management of salmon stocks originating
from the Yukon River in Canada;
(B) advise the Secretary of the Interior regarding
restoration and enhancement of such salmon stocks; and
(C) perform other functions relating to
conservation and management of such salmon stocks as
authorized by this or any other Act.
(3) Designation as united states representatives on
bilateral body.--The Secretary of State may designate the
members of the Panel to be the United States representatives on
any successor to the panel established by the interim agreement
for the conservation of salmon stocks originating from the
Yukon River in Canada agreed to through an exchange of notes
between the Government of the United States and the Government
of Canada on February 3, 1995, if authorized by any agreement
establishing such successor.
(b) Membership.--
(1) In general.--The Panel shall be comprised of six
members, as follows:
(A) One member who is an official of the United
States Government with expertise in salmon conservation
and management, who shall be appointed by the Secretary
of State.
(B) One member who is an official of the State of
Alaska with expertise in salmon conservation and
management, who shall be appointed by the Governor of
Alaska.
(C) Four members who are knowledgeable and
experienced with regard to the salmon fisheries on the
Yukon River, who shall be appointed by the Secretary of
State in accordance with paragraph (2).
(2) Appointees from alaska.--(A) The Secretary of State
shall appoint the members under paragraph (1)(C) from a list of
at least 3 individuals nominated for each position by the
Governor of Alaska.
(B) In making the nominations, the Governor of Alaska may
consider suggestions for nominations provided by organizations
with expertise in Yukon River salmon fisheries.
(C) The Governor of Alaska may make appropriate nominations
to allow for appointment of, and the Secretary of State shall
appoint, under paragraph (1)(C)--
(i) at least one member who is qualified to
represent the interests of Lower Yukon River fishing
districts; and
(ii) at least one member who is qualified to
represent the interests of Upper Yukon River fishing
districts.
(D) At least one of the members appointed under paragraph
(1)(C) shall be an Alaska Native.
(3) Alternates.--(A) The Secretary of State may designate
an alternate Panel member for each Panel member the Secretary
appoints under paragraphs (1) (A) and (C), who meets the same
qualifications, to serve in the absence of the Panel member.
(B) The Governor of the State of Alaska may designate an
alternative Panel member for the Panel member appointed under
subsection (b)(1)(B), who meets the same qualifications, to
serve in the absence of that Panel member.
(c) Term Length.--Panel members and alternate Panel members shall
serve four-year terms. Any individual appointed to fill a vacancy
occurring before the expiration of any term shall be appointed for the
remainder of that term.
(d) Reappointment.--Panel members and alternate Panel members shall
be eligible for reappointment.
(e) Decisions.--Decisions of the Panel shall be made by the
consensus of the Panel members appointed under subparagraphs (B) and
(C) of subsection (b)(1).
(f) Consultation.--In carrying out their functions, Panel members
may consult with such other interested parties as they consider
appropriate.
SEC. 3. ADVISORY COMMITTEE.
(a) Appointments.--The Governor of Alaska may establish and appoint
an advisory committee of not less than 8, but not more than 12,
individuals who are knowledgeable and experienced with regard to the
salmon fisheries on the Yukon River. At least 2 of the advisory
committee members shall be Alaska Natives. Members of the advisory
committee may attend all meetings of the Panel, and shall be given the
opportunity to examine and be heard on any matter under consideration
by the Panel.
(b) Compensation.--The members of such advisory committee shall
receive no compensation for their services.
(c) Term Length.--Members of such advisory committee shall serve
two-year terms. Any individual appointed to fill a vacancy occurring
before the expiration of any term shall be appointed for the remainder
of that term.
(d) Reappointment.--Members of such advisory committee shall be
eligible for reappointment.
SEC. 4. EXEMPTION.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Panel or to an advisory committee established under section 3.
SEC. 5. AUTHORITY AND RESPONSIBILITY.
(a) Responsible Management Entity.--The State of Alaska Department
of Fish and Game shall be the responsible management entity for the
United States for the purposes of any agreement with Canada regarding
management of salmon stocks originating from the Yukon River in Canada.
(b) Effect of Designation.--The designation under subsection (a)
shall not be considered to expand, diminish, or otherwise change the
management authority of the State of Alaska or the Federal Government
with respect to fishery resources.
(c) Recommendations of Panel.--In addition to recommendations made
by the Panel to the responsible management entities in accordance with
any agreement with Canada regarding management of salmon stocks
originating from the Yukon River in Canada, the Panel may make
recommendations concerning the conservation and management of salmon
originating in the Yukon River to the Department of the Interior, the
Department of Commerce, the Department of State, the North Pacific
Fishery Management Council, and other Federal or State entities as
appropriate. Recommendations by the Panel shall be advisory in nature.
SEC. 6. ADMINISTRATIVE MATTERS.
(a) Compensation.--Panel members and alternate Panel members who
are not State or Federal employees shall receive compensation at the
daily rate of GS-15 of the General Schedule when engaged in the actual
performance of duties.
(b) Travel and Other Necessary Expenses.--Travel and other
necessary expenses shall be paid by the Secretary of the Interior for
all Panel members, alternate Panel members, and members of any advisory
committee established under section 3 when engaged in the actual
performance of duties.
(c) Treatment as Federal Employees.--Except for officials of the
United States Government, all Panel members, alternate Panel members,
and members of any advisory committee established under section 3 shall
not be considered to be Federal employees while engaged in the actual
performance of duties, except for the purposes of injury compensation
or tort claims liability as provided in chapter 81 of title 5, United
States Code, and chapter 71 of title 28, United States Code.
SEC. 7. YUKON RIVER SALMON STOCK RESTORATION AND ENHANCEMENT PROJECTS.
(a) In General.--The Secretary of the Interior, in consultation
with the Secretary of Commerce, may carry out projects to restore or
enhance salmon stocks originating from the Yukon River in Canada and
the United States.
(b) Cooperation With Canada.--If there is in effect an agreement
between the Government of the United States and the Government of
Canada for the conservation of salmon stocks originating from the Yukon
River in Canada that includes provisions governing projects authorized
under this section, then--
(1) projects under this section shall be carried out in
accordance with that agreement; and
(2) amounts available for projects under this section--
(A) shall be expended in accordance with the
agreement; and
(B) may be deposited in any joint account
established by the agreement to fund such projects.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of the
Interior to carry out this Act $4,000,000 for each of fiscal years
2000, 2001, 2002, and 2003, of which--
(1) such sums as are necessary shall be available each
fiscal year for travel expenses of Panel members, alternate
Panel members, United States members of the Joint Technical
Committee established by paragraph C.2 of the memorandum of
understanding concerning the Pacific Salmon Treaty between the
Government of the United States and the Government of Canada
(recorded January 28, 1985), and members of an advisory
committee established and appointed under section 3, in
accordance with Federal Travel Regulations and sections 5701,
5702, 5704 through 5708, and 5731 of title 5, United States
Code;
(2) such sums as are necessary shall be available for the
United States share of expenses incurred by the Joint Technical
Committee and any panel established by any agreement between
the Government of the United States and the Government of
Canada for restoration and enhancement of salmon originating in
Canada;
(3) up to $3,000,000 shall be available each fiscal year
for activities by the Department of the Interior and the
Department of Commerce for survey, restoration, and enhancement
activities related to salmon stocks originating from the Yukon
River in Canada, of which up to $1,200,000 shall be available
each fiscal year for Yukon River salmon stock restoration and
enhancement projects under section 7(b); and
(4) $600,000 shall be available each fiscal year for
cooperative salmon research and management projects in the
portion of the Yukon River drainage located in the United
States that are recommended by the Panel. | Yukon River Salmon Act of 1999 - Establishes the Yukon River Salmon Panel. Includes among its duties: (1) advising the Secretary of State on the negotiation of any international agreement with Canada regarding management of salmon stocks originating from the Yukon River in Canada; and (2) advising the Secretary of the Interior on restoration and enhancement of those stocks. Authorizes the Secretary of State to designate Panel members to be the U.S. representatives on any successor to the panel established by a specified interim agreement between the United States and Canada for the conservation of those stocks, if authorized by any agreement establishing the successor.
(Sec. 3) Authorizes the Governor of Alaska to establish and appoint an advisory committee of individuals knowledgeable regarding the Yukon River salmon fisheries. Allows committee members to attend all Panel meetings and requires that they be given the opportunity to examine and be heard on any Panel matter.
(Sec. 5) Makes the State of Alaska Department of Fish and Game the responsible U.S. management entity for the purposes of any related agreement with Canada.
(Sec. 7) Authorizes the Secretary of the Interior to carry out projects to restore or enhance salmon stocks originating from the Yukon River in Canada.
(Sec. 8) Authorizes appropriations. | {"src": "billsum_train", "title": "Yukon River Salmon Act of 1999"} | 2,097 | 279 | 0.761509 | 2.221447 | 0.85954 | 3.626556 | 8.053942 | 0.912863 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Administrative Law
Judges Retirement Act of 2007''.
(b) References.--Whenever in this Act an amendment is expressed in
terms of an amendment to a section or other provision, the reference
shall be considered to be made to a section or other provision of title
5, United States Code.
SEC. 2. PROVISIONS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM.
(a) Definition.--Section 8331 is amended--
(1) in paragraph (28), by striking ``and'' at the end;
(2) in the first paragraph (29), by striking the period and
inserting a semicolon;
(3) in the second paragraph (29)--
(A) by striking ``(29)'' and inserting ``(30)'';
and
(B) by striking the period and inserting ``; and'';
and
(4) by adding at the end the following:
``(31) `administrative law judge' means an administrative
law judge appointed under section 3105 or a similar prior
provision of law.''.
(b) Deductions, Contributions, and Deposits.--Section 8334 is
amended--
(1) in subsection (a)(1)(A), by striking ``or nuclear
materials courier,'' and inserting ``nuclear materials courier,
or administrative law judge,'';
(2) in subsection (a)(1)(B)--
(A) in the first sentence of clause (i), by
striking ``clause (ii),'' and inserting ``clause (ii)
or (iii),''; and
(B) by adding after clause (ii) the following:
``(iii) In the case of an administrative law judge, the amount to
be contributed under this subparagraph shall (instead of the amount
described in clause (i)) be equal to the amount derived by multiplying
the administrative law judge's basic pay by the percentage that is 1
percentage point less than the percentage applicable under subsection
(c).''; and
(3) in subsection (c), by adding after the item relating to
a nuclear materials courier the following:
``Administrative law judge.............. 5...................... June 11, 1947, to June 30, 1948.
6...................... July 1, 1948, to October 31, 1956.
6.5.................... November 1, 1956, to December 31, 1969.
7...................... January 1, 1970, to December 31, 1998.
7.25................... January 1, 1999, to December 31, 1999.
7.4.................... January 1, 2000, to December 31, 2000.
7...................... January 1, 2001, to (but not including) the
effective date of the Administrative Law
Judges Retirement Act of 2007.
8...................... The effective date of the Administrative Law
Judges Retirement Act of 2007 and
thereafter.''.
(c) Immediate Retirement.--
(1) In general.--Section 8336 is amended by adding at the
end the following:
``(q) An employee who is separated from the service after
completing 10 years of service as an administrative law judge and
becoming 60 years of age is entitled to an annuity. An employee who is
separated from the service voluntarily after completing 10 years of
service as an administrative law judge but before becoming 60 years of
age is entitled to a reduced annuity.''.
(2) Discontinued service or early voluntary retirement.--
Section 8336(d) is amended by adding at the end the following:
``In the case of an administrative law judge, the preceding
provisions of this subsection shall be applied by treating any
reference in such provisions to removal or separation for
`misconduct or delinquency' or for `misconduct or unacceptable
performance' to refer to removal under section 1215, 7521, or
7532.''.
(d) Computation of Annuity.--Section 8339 is amended--
(1) in subsection (f), by striking ``(r), and (s)'' and
inserting ``(r), (s), and (v)'';
(2) in subsection (h), by adding at the end the following:
``The annuity computed under subsections (f) and (v) for a
employee retiring under the second sentence of section 8336(q)
is reduced by \1/12\ of 1 percent for each full month not in
excess of 60 months, and \1/6\ of 1 percent for each full month
in excess of 60 months, the employee is under 60 years of age
at the date of separation.'';
(3) in subsection (i), by striking ``(r), or (s)'' and
inserting ``(r), (s), or (v)''; and
(4) by adding at the end the following:
``(v) The annuity of an employee retiring under section 8336(q) is
computed under subsection (a), except, if the employee has had at least
5 years' service as an administrative law judge, the employee's annuity
is computed with respect to--
``(1) such employee's service as an administrative law
judge; and
``(2) such employee's military service not exceeding 5
years;
by multiplying 2\1/2\ percent of such employee's average pay by the
years of that service.''.
(e) Technical and Conforming Amendments.--(1) Sections 8337(a) and
8339(g) are amended by striking ``or (s)'' each place it appears and
inserting ``(s), or (v)''.
(2) Subsections (j), (k)(1), (l), and (m) of section 8339,
subsections (b)(1) and (d) of section 8341, section 8343a(c), and
section 8344(a)(A) are amended by striking ``and (s)'' each place it
appears and inserting ``(s), and (v)''.
(3) Subsections (j)(3) (in the third sentence before the sentence
containing subparagraph (A)), (j)(5)(C)(iii), and (k)(2)(C) of section
8339 are amended by striking ``and (r)'' and inserting ``(r), and
(v)''.
(4) Section 8335(a) is amended by striking ``8331(29)(A)'' and
inserting ``8331(30)(A)''.
SEC. 3. PROVISIONS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT
SYSTEM.
(a) Definition.--Section 8401 is amended--
(1) in paragraph (34), by striking ``and'' at the end;
(2) in paragraph (35), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(36) `administrative law judge' means an administrative
law judge appointed under section 3105 or a similar prior
provision of law.''.
(b) Early Retirement.--Section 8414(b) is amended by adding at the
end the following:
``(4) In the case of an administrative law judge, the preceding
provisions of this subsection shall be applied by treating any
reference in such provisions to removal or separation for `misconduct
or delinquency' or for `misconduct or unacceptable performance' to
refer to removal under section 1215, 7521, or 7532.''.
(c) Computation of Annuity.--Section 8415 is amended--
(1) in subsection (h)(2), by striking ``or air traffic
controller.'' and inserting ``air traffic controller, or
administrative law judge.''; and
(2) by adding at the end the following:
``(n) The annuity of an administrative law judge, or a former
administrative law judge, retiring under this subchapter is computed
under subsection (a), except that if the individual has had at least 5
years of service as an administrative law judge, so much of the annuity
as is computed with respect to such type of service, not exceeding a
total of 20 years, shall be computed by multiplying 1\7/10\ percent of
such employee's average pay by the years of that service.''.
(d) Deductions From Pay.--Section 8422(a)(3) is amended by adding
after the item relating to a nuclear materials courier the following:
``Administrative law judge.............. 7...................... January 1, 1987, to December 31, 1998.
7.25................... January 1, 1999, to December 31, 1999.
7.4.................... January 1, 2000, to December 31, 2000.
7...................... January 1, 2001, to (but not including) the
effective date of the Administrative Law
Judges Retirement Act of 2007.
8...................... The effective date of the Administrative Law
Judges Retirement Act of 2007 and
thereafter.''.
(e) Government Contributions.--Section 8423 is amended--
(1) in subsection (a)(1)(B)(i), by striking ``and employees
under sections 302 and 303 of the Central Intelligence Agency
Retirement Act, multiplied by'' and inserting ``employees under
sections 302 and 303 of the Central Intelligence Agency
Retirement Act, and administrative law judges, multiplied by'';
(2) by amending paragraph (2) of subsection (a) to read as
follows:
``(2) In determining any normal-cost percentage to be applied under
this subsection--
``(A) amounts provided for under section 8422 shall be
taken into account; and
``(B) amounts provided by or for administrative law judges
under subchapter III of chapter 83 (including sections 8334 and
8348, and whether provided before, on, or after the effective
date of this subparagraph) shall, to the extent they exceed the
normal cost of the benefits which are (i) provided for under
subchapter III of chapter 83, and (ii) attributable to service
performed as an administrative law judge (within the meaning of
such subchapter), be taken into account as if they had been
provided by or for administrative law judges under this
chapter.''; and
(3) in subsection (a)(3)(A), by inserting ``administrative
law judges,'' after ``military reserve technicians,'' each
place it appears.
SEC. 4. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act--
(1) shall take effect on the date of the enactment of this
Act; and
(2) except as provided in subsection (b), shall apply only
with respect to administrative law judges first appointed on or
after the effective date of this Act.
(b) Exception.--
(1) Election for incumbents.--The amendments made by this
Act shall apply with respect to any individual serving as an
administrative law judge on the effective date of this Act if
appropriate written application is submitted to the Office of
Personnel Management within 12 months after such effective
date.
(2) Treatment of prior service.--
(A) Deposit requirement.--An individual who makes
an election under paragraph (1) shall, with respect to
any administrative law judge service performed by such
individual prior to the date as of which deductions
from such individual's pay begin to be made in
accordance with the amendments made by this Act, be
required to pay into the Civil Service Retirement and
Disability Fund an amount equal to the difference
between--
(i) the unrefunded individual contributions
that were made for such prior service; and
(ii) the individual contributions that
would have been required if the rate (or rates)
in effect for such prior service had been equal
to the rate (or rates) actually in effect for
such prior service, increased by 1 percentage
point.
(B) Effect of not making deposit.--If or to the
extent that any amounts under subparagraph (A) are not
paid by an individual making an election under
paragraph (1), any annuity based on the service of such
individual--
(i) shall be computed in accordance with
the amendments made by this Act; but
(ii) shall be reduced in a manner similar
to that set forth in section 8334(d)(2)(B) of
title 5, United States Code.
(3) Survivor annuitants.--In the case of an individual
described in paragraph (1) who dies before the end of the 12-
month period beginning on the effective date of this Act, any
application or deposit under this subsection may, for purposes
of any survivor annuity based on the service of such
individual, also be made by a survivor of such individual.
(c) Definition.--For purposes of this section, the term
``administrative law judge'' means an administrative law judge
appointed under section 3105 of title 5, United States Code, or a
similar prior provision of law.
(d) Regulations.--The Office of Personnel Management may prescribe
any regulations necessary to carry out this section. | Administrative Law Judges Retirement Act of 2007 - Sets forth separate provisions governing Government and employee contributions, annuity eligibility requirements (ten years of service and age 60), early retirement, and annuity computation (2.5% and 1.7%, respectively, of average pay for each year of service) for administrative law judges under the Civil Service Retirement System and the Federal Employees' Retirement System. | {"src": "billsum_train", "title": "To provide for enhanced retirement benefits for administrative law judges."} | 2,916 | 82 | 0.489493 | 1.216223 | 0.631213 | 2.013699 | 36.342466 | 0.835616 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thomas Cole National Historic Site
Establishment Act of 1995''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Hudson River school of landscape painting was
inspired by Thomas Cole and was characterized by a group of
19th century landscape artists who recorded and celebrated the
landscape and wilderness of America, particularly in the Hudson
River Valley region in the State of New York;
(2) Thomas Cole has been recognized as America's most
prominent landscape and allegorical painter in the mid-19th
century;
(3) the Thomas Cole House in Greene County, New York is
listed on the National Register of Historic Places and has been
designated as a National Historic Landmark;
(4) within a 15 mile radius of the Thomas Cole House, an
area that forms a key part of the rich cultural and natural
heritage of the Hudson River Valley region, significant
landscapes and scenes painted by Thomas Cole and other Hudson
River artists survive intact;
(5) the State of New York has established the Hudson River
Valley Greenway to promote the preservation, public use, and
enjoyment of the natural and cultural resources of the Hudson
River Valley region; and
(6) establishment of the Thomas Cole National Historic Site
will provide opportunities for the illustration and
interpretation of cultural themes of the heritage of the United
States and unique opportunities for education, public use, and
enjoyment.
(b) Purposes.--The purposes of this Act are--
(1) to preserve and interpret the home and studio of Thomas
Cole for the benefit, inspiration, and education of the people
of the United States;
(2) to help maintain the integrity of the setting in the
Hudson River Valley region that inspired artistic expression;
(3) to coordinate the interpretive, preservation, and
recreational efforts of Federal, State, and other entities in
the Hudson Valley region in order to enhance opportunities for
education, public use, and enjoyment; and
(4) to broaden understanding of the Hudson River Valley
region and its role in American history and culture.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Historic site.--The term ``historic site'' means the
Thomas Cole National Historic Site established by section 4.
(2) Hudson river artists.--The term ``Hudson River
artists'' means artists who belonged to the Hudson River school
of landscape painting.
(3) Plan.--The term ``plan'' means the general management
plan developed pursuant to section 6(d).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. ESTABLISHMENT OF THOMAS COLE NATIONAL HISTORIC SITE.
(a) In General.--There is established, as a unit of the National
Park System, the Thomas Cole National Historic Site, in the State of
New York.
(b) Description.--The historic site shall consist of the home and
studio of Thomas Cole, comprising approximately 3.4 acres, located at
218 Spring Street, in the village of Catskill, New York, as generally
depicted on the boundary map numbered TCH/80002, and dated March 1992.
SEC. 5. ACQUISITION OF PROPERTY.
(a) Real Property.--The Secretary is authorized to acquire lands,
and interests in lands, within the boundaries of the historic site by
donation, purchase with donated or appropriated funds, or exchange.
(b) Personal Property.--The Secretary may also acquire by the same
methods as provided in subsection (a), personal property associated
with, and appropriate for, the interpretation of the historic site:
Provided, That the Secretary may acquire works of art associated with
Thomas Cole and other Hudson River artists only by donation or purchase
with donated funds.
SEC. 6. ADMINISTRATION OF SITE.
(a) In General.--The Secretary shall administer the historic site
in accordance with this Act and all laws generally applicable to units
of the National Park System, including the Act entitled ``An Act To
establish a National Park Service, and for other purposes'', approved
August 25, 1916 (16 U.S.C. 1, 2-4), and the Act entitled ``An Act to
provide for the preservation of historic American sites, buildings,
objects, and antiquities of national significance, and for other
purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.).
(b) Cooperative Agreements.--
(1) In general.--To further the purposes of this Act, the
Secretary may consult with and enter into cooperative
agreements with the State of New York, the Thomas Cole
Foundation, and other public and private entities to facilitate
public understanding and enjoyment of the lives and works of
the Hudson River artists through the development, presentation,
and funding of art exhibits, resident artist programs, and
other appropriate activities related to the preservation,
interpretation, and use of the historic site.
(2) Library and research center.--The Secretary may enter
into a cooperative agreement with the Greene County Historical
Society to provide for the establishment of a library and
research center at the historic site.
(c) Exhibits.--The Secretary may display, and accept for the
purposes of display, works of art associated with Thomas Cole and other
Hudson River artists, as may be necessary for the interpretation of the
historic site.
(d) General Management Plan.--
(1) In general.--Not later than 2 complete fiscal years
after the date of enactment of this Act, the Secretary shall
develop a general management plan for the historic site.
(2) Submission to congress.--On the completion of the plan,
the plan shall be submitted to the Committee on Energy and
Natural Resources of the Senate and the Committee on Public
Lands and Resources of the House of Representatives.
(3) Regional wayside exhibits.--The plan shall include
recommendations for regional wayside exhibits, to be carried
out through cooperative agreements with the State of New York
and other public and private entities.
(4) Preparation.--The plan shall be prepared in accordance
with section 12(b) of the Act entitled ``An Act to improve the
administration of the national park system by the Secretary of
the Interior, and to clarify the authorities applicable to the
system, and for other purposes'', approved August 18, 1970 (16
U.S.C. 1a-1 through 1a-7).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Thomas Cole National Historic Site Establishment Act of 1995 - Establishes the Thomas Cole National Historic Site, New York, as a unit of the National Park System.
Authorizes the Secretary of the Interior to: (1) acquire specified lands and interests within the Site's boundaries and personal property associated with and appropriate for the interpretation of the site; (2) enter into cooperative agreements with the State of New York, the Thomas Cole Foundation, and other public and private entities to facilitate public understanding and enjoyment of the lives and works of the Hudson River artists through activities related to the preservation, interpretation, and use of the Site and with the Greene County Historical Society to provide for the establishment of a library and research center at the Site; and (3) display, and accept for display, works of art associated with Thomas Cole and other Hudson River artists.
Directs the Secretary to: (1) administer the Site in accordance with this Act and all laws generally applicable to units of the National Park System; and (2) develop and submit to specified congressional committees a general management plan for the site, including recommendations for regional wayside exhibits.
Authorizes appropriations. | {"src": "billsum_train", "title": "Thomas Cole National Historic Site Establishment Act of 1995"} | 1,403 | 236 | 0.693817 | 2.077875 | 0.722532 | 5.406114 | 5.768559 | 0.951965 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as ``The Better Bracket Act
of 1998''.
(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) Section 15 Not To Apply.--No amendment made by section 2 shall
be treated as a change in a rate of tax for purposes of section 15 of
the Internal Revenue Code of 1986.
SEC. 2. REDUCTION IN INDIVIDUAL INCOME TAX RATES.
(a) General Rule.--Section 1 (relating to tax imposed) is amended
by striking subsections (a) through (e) and inserting the following:
``(a) Married Individuals Filing Joint Returns and Surviving
Spouses.--There is hereby imposed on the taxable income of--
``(1) every married individual (as defined in section 7703)
who makes a single return jointly with his spouse under section
6013, and
``(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $58,000...............
15% of taxable income.
Over $58,000 but not over
$102,300.
$8,700, plus 28% of the excess
over $58,000
Over $102,300 but not over
$155,950.
$21,104, plus 31% of the excess
over $102,300
Over $155,950 but not over
$278,450.
$37,735.5, plus 36% of the
excess over $155,950
Over $278,450..................
$81,835.5, plus 39.6% of the
excess over $278,450
``(b) Heads of Households.--There is hereby imposed on the taxable
income of every head of a household (as defined in section 2(b)) a tax
determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $47,000...............
15% of taxable income.
Over $47,000 but not over
$87,700.
$7,050, plus 28% of the excess
over $47,000
Over $87,700 but not over
$142,000.
$18,446, plus 31% of the excess
over $87,700
Over $142,000 but not over
$278,450.
$35,279, plus 36% of the excess
over $142,000
Over $278,450..................
$84,401, plus 39.6% of the
excess over $278,450
``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads
of Households).--There is hereby imposed on the taxable income of every
individual (other than a surviving spouse as defined in section 2(a) or
the head of a household as defined in section 2(b)) who is not a
married individual (as defined in section 7703) a tax determined in
accordance with the following table:
``If taxable income is: The tax is:
Not over $35,000...............
15% of taxable income.
Over $35,000 but not over
$61,400.
$5,250, plus 28% of the excess
over $35,000.
Over $61,400 but not over
$128,100.
$12,642, plus 31% of the excess
over $61,400.
Over $128,100 but not over
$278,450.
$33,319, plus 36% of the excess
over $128,100.
Over $278,450..................
$87,445, plus 39.6% of the
excess over $278,450.
``(d) Married Individuals Filing Separate Returns.--There is hereby
imposed on the taxable income of every married individual (as defined
in section 7703) who does not make a single return jointly with his
spouse under section 6013, a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $29,000...............
15% of taxable income.
Over $29,000 but not over
$51,150.
$4,350, plus 28% of the excess
over $29,000
Over $51,150 but not over
$77,975.
$10,552, plus 31% of the excess
over $51,150
Over $77,975 but not over
$139,225.
$18,867.75, plus 36% of the
excess over $77,975
Over $139,225..................
$40,917.75, plus 39.6% of the
excess over $139,225
``(e) Estates and Trusts.--There is hereby imposed on the taxable
income of--
``(1) every estate, and
``(2) every trust,
taxable under this subsection a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $1,700................
15% of taxable income.
Over $1,700 but not over $4,000
$255, plus 28% of the excess
over $1,700.
Over $4,000 but not over $6,100
$899, plus 31% of the excess
over $4,000.
Over $6,100 but not over $8,350
$1,550, plus 36% of the excess
over $6,100.
Over $8,350....................
$2,360, plus 39.6% of the
excess over $8,350.''.
(b) Inflation Adjustment To Apply in Determining Rates for 1999.--
Subsection (f) of section 1 is amended--
(1) by striking ``1993'' in paragraph (1) and inserting
``1998'',
(2) by striking ``1992'' in paragraph (3)(B) and inserting
``1997'', and
(3) by striking paragraph (7).
(c) Conforming Amendments.--
(1) The following provisions are each amended by striking
``1992'' and inserting ``1997'' each place it appears:
(A) Section 25A(h).
(B) Section 32(j)(1)(B).
(C) Section 41(e)(5)(C).
(D) Section 42(h)(6)(G)(i)(II).
(E) Section 68(b)(2)(B).
(F) Section 135(b)(2)(B)(ii).
(G) Section 151(d)(4).
(H) Section 221(g)(1)(B).
(I) Section 512(d)(2)(B).
(J) Section 513(h)(2)(C)(ii).
(K) Section 877(a)(2).
(L) Section 911(b)(2)(D)(ii)(II).
(M) Section 4001(e)(1)(B).
(N) Section 4261(e)(4)(A)(ii).
(O) Section 6039F(d).
(P) Section 6334(g)(1)(B).
(Q) Section 7430(c)(1).
(2) Subparagraph (B) of section 59(j)(2) is amended by
striking ``, determined by substituting `1997' for `1992' in
subparagraph (B) thereof''.
(3) Subparagraph (B) of section 63(c)(4) is amended by
striking ``by substituting for'' and all that follows and
inserting ``by substituting for `calendar year 1997' in
subparagraph (B) thereof `calendar year 1987' in the case of
the dollar amounts contained in paragraph (2) or (5)(A) or
subsection (f).''
(4) Subparagraph (B) of section 132(f)(6) is amended by
inserting before the period ``, determined by substituting
`calendar year 1992' for `calendar year 1997' in subparagraph
(B) thereof''.
(5) Paragraph (2) of section 220(g) of such Code is amended
by striking ``by substituting `calendar year 1997' for
`calendar year 1992' in subparagraph (B) thereof''.
(6) Subparagraph (B) of section 685(c)(3) is amended by
striking ``, by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(7) Subparagraph (B) of section 2032A(a)(3) is amended by
striking ``by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(8) Subparagraph (B) of section 2503(b)(2) is amended by
striking ``by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(9) Paragraph (2) of section 2631(c) is amended by striking
``by substituting `calendar year 1997' for `calendar year 1992'
in subparagraph (B) thereof''.
(10) Subparagraph (B) of section 6601(j)(3) is amended by
striking ``by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Better Bracket Act of 1998 - Amends the Internal Revenue Code to revise the tax imposed and increase the amount of income subject to the 15 percent tax bracket for joint returns and surviving spouses, heads of households, other unmarried individuals, married individuals filing separately, and estates and trusts. | {"src": "billsum_train", "title": "Better Bracket Act of 1998"} | 2,138 | 69 | 0.427446 | 1.068838 | 0.49658 | 1.703704 | 33.166667 | 0.814815 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings Advancement and Enhancement
(SAVE) Act of 1998''.
SEC. 2. EXEMPTION OF CERTAIN INTEREST AND DIVIDEND INCOME FROM TAX.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to amounts specifically
excluded from gross income) is amended by inserting after section 115
the following new section:
``SEC. 116. PARTIAL EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY
INDIVIDUALS.
``(a) Exclusion From Gross Income.--Gross income does not include
the sum of the amounts received during the taxable year by an
individual as--
``(1) dividends from domestic corporations, or
``(2) interest.
``(b) Limitations.--
``(1) Maximum amount.--The aggregate amount excluded under
subsection (a) for any taxable year shall not exceed $250 ($500
in the case of a joint return).
``(2) Limitation based on taxable income.--No exclusion
from gross income shall be allowed under this section for an
individual for a taxable year if the individual has any amount
of taxable income taxed at the rate of 39.6 percent for the
taxable year.
``(3) Certain dividends excluded.--Subsection (a)(1) shall
not apply to any dividend from a corporation which, for the
taxable year of the corporation in which the distribution is
made, or for the next preceding taxable year of the
corporation, is a corporation exempt from tax under section 501
(relating to certain charitable, etc., organization) or section
521 (relating to farmers' cooperative associations).
``(c) Interest.--For purposes of this section, the term `interest'
means--
``(1) interest on deposits with a bank (as defined in
section 581),
``(2) amounts (whether or not designated as interest) paid
in respect of deposits, investment certificates, or
withdrawable or repurchasable shares, by--
``(A) a mutual savings bank, cooperative bank,
domestic building and loan association, industrial loan
association or bank, or credit union, or
``(B) any other savings or thrift institution which
is chartered and supervised under Federal or State law,
the deposits or accounts in which are insured under Federal or
State law or which are protected and guaranteed under State
law,
``(3) interest on--
``(A) evidences of indebtedness (including bonds,
debentures, notes, and certificates) issued by a
domestic corporation in registered form, and
``(B) to the extent provided in regulations
prescribed by the Secretary, other evidences of
indebtedness issued by a domestic corporation of a type
offered by corporations to the public,
``(4) interest on obligations of the United States, a
State, or a political subdivision of a State (not excluded from
gross income of the taxpayer under any other provision of law),
and
``(5) interest attributable to participation shares in a
trust established and maintained by a corporation established
pursuant to Federal law.
``(d) Special Rules.--For purposes of this section--
``(1) Distributions from regulated investment companies and
real estate investment trusts.--Subsection (a) shall apply with
respect to distributions by--
``(A) regulated investment companies to the extent
provided in section 854(c), and
``(B) real estate investment trusts to the extent
provided in section 857(c).
``(2) Distributions by a trust.--For purposes of subsection
(a), the amount of dividends and interest properly allocable to
a beneficiary under section 652 or 662 shall be deemed to have been
received by the beneficiary ratably on the same date that the dividends
and interest were received by the estate or trust.
``(3) Certain nonresident aliens ineligible for
exclusion.--In the case of a nonresident alien individual,
subsection (a) shall apply only--
``(A) in determining the tax imposed for the
taxable year pursuant to section 871(b)(1) and only in
respect of dividends and interest which are effectively
connected with the conduct of a trade or business
within the United States, or
``(B) in determining the tax imposed for the
taxable year pursuant to section 877(b).''.
(b) Conforming Amendments.--
(1) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 115 the following new item:
``Sec. 116. Partial exclusion of
dividends and interest received
by individuals.''.
(2) Paragraph (2) of section 265(a) of such Code is amended
by inserting before the period at the end the following: ``, or
to purchase or carry obligations or shares, or to make
deposits, to the extent the interest thereon is excludable from
gross income under section 116''.
(3) Subsection (c) of section 584 of such Code is amended
by adding at the end the following new flush sentence:
``The proportionate share of each participant in the amount of
dividends or interest received by the common trust fund and to which
section 116 applies shall be considered for purposes of such section as
having been received by such participant.''.
(4) Subsection (a) of section 643 of such Code is amended
by redesignating paragraph (7) as paragraph (8) and by
inserting after paragraph (6) the following new paragraph:
``(7) Dividends or interest.--There shall be included the
amount of any dividends or interest excluded from gross income
pursuant to section 116.''.
(5) Section 854 of such Code is amended by adding at the
end the following new subsection:
``(c) Treatment Under Section 116.--
``(1) In general.--For purposes of section 116, in the case
of any dividend (other than a dividend described in subsection
(a)) received from a regulated investment company which meets
the requirements of section 852 for the taxable year in which
it paid the dividend--
``(A) the entire amount of such dividend shall be
treated as a dividend if the sum of the aggregate
dividends and the aggregate interest received by such
company during the taxable year equals or exceeds 75
percent of its gross income, or
``(B) if subparagraph (A) does not apply, there
shall be taken into account under section 116 only the
portion of such dividend which bears the same ratio to
the amount of such dividend as the sum of the aggregate
dividends received and aggregate interest received
bears to gross income.
For purposes of the preceding sentence, gross income and
aggregate interest received shall each be reduced by so much of
the deduction allowable by section 163 for the taxable year as
does not exceed aggregate interest received for the taxable
year.
``(2) Notice to shareholders.--The amount of any
distribution by a regulated investment company which may be
taken into account as a dividend for purposes of the exclusion
under section 116 shall not exceed the amount so designated by
the company in a written notice to its shareholders mailed not
later than 60 days after the close of its taxable year.
``(3) Definitions.--For purposes of this subsection--
``(A) Gross income.--The term `gross income' does
not include gain from the sale or other disposition of
stock or securities.
``(B) Aggregate dividends.--The term `aggregate
dividends' includes only dividends received from
domestic corporations other than dividends described in
section 116(b)(2). In determining the amount of any
dividend for purposes of this subparagraph, the rules
provided in section 116(d)(1) (relating to certain
distributions) shall apply.
``(C) Interest.--The term `interest' has the
meaning given such term by section 116(c).''.
(6) Subsection (c) of section 857 of such Code is amended
to read as follows:
``(c) Limitations Applicable to Dividends Received From Real Estate
Investment Trusts.--
``(1) In general.--For purposes of section 116 (relating to
an exclusion for dividends and interest received by
individuals) and section 243 (relating to deductions for
dividends received by corporations), a dividend received from a
real estate investment trust which meets the requirements of
this part shall not be considered as a dividend.
``(2) Treatment as interest.--For purposes of section 116,
in the case of a dividend (other than a capital gain dividend,
as defined in subsection (b)(3)(C)) received from a real estate
investment trust which meets the requirements of this part for
the taxable year in which it paid the dividend--
``(A) such dividend shall be treated as interest if
the aggregate interest received by the real estate
investment trust for the taxable year equals or exceeds
75 percent of its gross income, or
``(B) if subparagraph (A) does not apply, the
portion of such dividend which bears the same ratio to
the amount of such dividend as the aggregate interest
received bears to gross income shall be treated as
interest.
``(3) Adjustments to gross income and aggregate interest
received.--For purposes of paragraph (2)--
``(A) gross income does not include the net capital
gain,
``(B) gross income and aggregate interest received
shall each be reduced by so much of the deduction
allowable by section 163 for the taxable year (other
than for interest on mortgages on real property owned
by the real estate investment trust) as does not exceed
aggregate interest received by the taxable year, and
``(C) gross income shall be reduced by the sum of
the taxes imposed by paragraphs (4), (5), and (6) of
section 857(b).
``(4) Interest.--The term `interest' has the meaning given
such term by section 116(c).
``(5) Notice to shareholders.--The amount of any
distribution by a real estate investment trust which may be
taken into account as interest for purposes of the exclusion
under section 116 shall not exceed the amount so designated by
the trust in a written notice to its shareholders mailed not
later than 60 days after the close of its taxable year.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997. | Savings Advancement and Enhancement (SAVE) Act of 1998 - Amends the Internal Revenue Code to exclude from individual gross income up to $250 ($500 for joint filers) of the sum of dividends from domestic corporations or interest. Sets forth related provisions with respect to: (1) distributions from regulated investment companies and real estate investment trusts; and (2) nonresident aliens. | {"src": "billsum_train", "title": "Savings Advancement and Enhancement (SAVE) Act of 1998"} | 2,352 | 83 | 0.500561 | 1.200524 | 0.914111 | 3.293333 | 28.76 | 0.84 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Tax Fairness Act of 2001''.
SEC. 2. PERMANENT EXTENSION OF INTERNET TAX FREEDOM ACT MORATORIUM.
(a) Permanent Extension; Internet Access Taxes.--Section 1101 of
the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended--
(1) by striking ``taxes during the period beginning on
October 1, 1998, and ending 3 years after the date of the
enactment of this Act--'' and inserting ``taxes after September
30, 1998:'';
(2) by striking paragraph (1) of subsection (a) and
inserting the following:
``(1) Taxes on Internet access.'',
(3) by striking ``multiple'' in paragraph (2) of subsection
(a) and inserting ``Multiple'';
(4) by striking subsection (d); and
(5) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
(b) Conforming Amendment.--Section 1104(10) of the Internet Tax
Freedom Act (47 U.S.C. 151 note) is amended by striking ``unless'' and
all that follows through ``1998''.
SEC. 3. JURISDICTIONAL STANDARDS FOR THE IMPOSITION OF STATE AND LOCAL
BUSINESS ACTIVITY TAXES ON INTERSTATE COMMERCE.
Title I of the Act entitled ``An Act relating to the power of the
States to impose net income taxes on income derived from interstate
commerce, and authorizing studies by congressional committees of
matters pertaining thereto'', approved on September 14, 1959 (Public
Law 86-272; 15 U.S.C. 381 et seq.), is amended to read as follows:
``TITLE I--JURISDICTIONAL STANDARDS
``SEC. 101. IMPOSITION OF STATE AND LOCAL BUSINESS ACTIVITY TAXES ON
INTERSTATE COMMERCE.
``(a) In General.--No State or subdivision thereof shall have power
to impose, for any taxable year ending after the date of enactment of
this title, a business activity tax on any person relating to such
person's activities that affect interstate commerce, unless such person
has a substantial physical presence in such State or subdivision. A
substantial physical presence is not established if the only business
activities within such State or subdivision by or on behalf of such
person during such taxable year are any or all of the following:
``(1) The solicitation of orders or contracts by such
person or such person's representative in such State or
subdivision for sales of tangible or intangible personal
property or services, which orders or contracts are approved or
rejected outside the State, or subdivision and, if approved,
are fulfilled by shipment or delivery of such property from a
point outside the State or subdivision or by the performance of
such services outside the State or subdivision.
``(2) The solicitation of orders or contracts by such
person or such person's representative in such State or
subdivision in the name of or for the benefit of a prospective
customer of such person, if orders or contracts by such
customer to such person to enable such customer to fill orders
or contracts resulting from such solicitation are orders or
contracts described in paragraph (1).
``(3) The presence or use of intangible personal property
in such State or subdivision, including patents, copyrights,
trademarks, logos, securities, contracts, licenses and permits
issued by any governmental agency or authority authorizing the
holder to conduct any business activity, money, deposits,
loans, electronic or digital signals, and web pages, whether or
not subject to licenses, franchises, or other agreements.
``(4) The use of the Internet to create or maintain a World
Wide Web site accessible by persons in such State or
subdivision.
``(5) The use of an Internet service provider, on-line
service provider, internetwork communication service provider,
or other Internet access service provider, or World Wide Web
hosting services to maintain or take and process orders via a
web page or site on a computer that is physically located in
such State or subdivision.
``(6) The use of any service provider for transmission of
communications, whether by cable, satellite, radio,
telecommunications, or other similar system.
``(7) The leasing or owning of substantial property in such
State or subdivision for less than 30 days. Property in such
State or subdivision for purposes of being assembled,
manufactured, processed, or tested by a person or persons
within such State or subdivision for the benefit of the owner
or lessee, or used to furnish a service by a person or persons
within such State or subdivision to the owner or lessee, shall
be disregarded in determining whether such 30-day limit has
been exceeded.
``(8) The assigning of employees, representatives, or
agents in such State or subdivision for less than 30 days.
Presence of employees, representatives or agents for purposes
directly relating to the purchasing goods or services,
gathering news and covering events, meeting with government
officials, attending conferences, seminars and similar
functions, and participating in charitable activities shall be
disregarded in determining whether such 30-day limit has been exceeded.
``(9) The affiliation with another person located in the
State or subdivision, unless--
``(A) the other person located in the State or
subdivision is the person's agent under the terms and
conditions of subsection (d); and
``(B) the activity of the other person in the State
or subdivision constitutes substantial physical
presence under this subsection and is performed to
establish, enhance, or maintain the market in the State
or subdivision for the person.
``(10) The use of an unaffiliated representative or
independent contractor in such State or subdivision for the
purpose of performing warranty or repair services with respect
to tangible or intangible personal property sold by a person
located outside the State or subdivision.
``(b) Domestic Corporations; Persons Domiciled in or Residents of a
State.--The provisions of subsection (a) shall not apply to the
imposition of a business activity tax by any State or subdivision
thereof with respect to--
``(1) any corporation which is incorporated under the laws
of such State; or
``(2) any individual who, under the laws of such State, is
domiciled in, or a resident of, such State.
``(c) Sales or Solicitation of Orders or Contracts for Sales by
Independent Contractors.--For purposes of subsection (a), a person
shall not be considered to have engaged in business activities within a
State or subdivision thereof during any taxable year merely by reason
of sales of tangible or intangible personal property or services in
such State or subdivision, or the solicitation of orders or contracts
for such sales in such State or subdivision, on behalf of such person
by one or more independent contractors, or by reason of the maintenance
of an office in such State or subdivision by one or more independent
contractors whose activities on behalf of such person in such State or
subdivision consist solely of making such sales, or soliciting orders
or contracts for such sales.
``(d) Attribution of Activities and Presence.--For purposes of this
section, the substantial physical presence of any person shall not be
attributed to any other person absent the establishment of an actual
agency relationship between such persons that--
``(1) results from the consent by both persons that one
person act on behalf and subject to the control of the other;
and
``(2) relates to the activities of the person within the
State or subdivision thereof.
``(e) Definitions.--For purposes of this title:
``(1) Business activity tax.--The term `business activity
tax' means a tax imposed on, or measured by, net income, a
business license tax, a business and occupation tax, a
franchise tax, a single business tax or a capital stock tax, or
any similar tax or fee imposed by a State or subdivision
thereof on a business for the right to do business within the
State or subdivision or which is measured by the amount of such
business or related activity.
``(2) Independent contractor.--The term `independent
contractor' means a commission agent, broker, or other
independent contractor who is engaged in selling, or soliciting
orders or contracts for the sale of, tangible or intangible
personal property or services for more than one principal and
who holds himself or herself out as such in the regular course
of his or her business activities.
``(3) Internet.--The term `Internet' means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such Protocol.
``(4) Internet access.--The term `Internet access' means a
service that enables users to access content, information,
electronic mail, or other services offered over the Internet,
and may also include access to proprietary content,
information, and other services as a part of a package of
services offered to users.
``(5) Representative.--The term `representative' does not
include an independent contractor.
``(6) Solicitation of orders or contracts.--The term
`solicitation of orders or contracts' includes activities
normally ancillary to such solicitation.
``(7) State.--The term `State' means any of the several
States, the District of Columbia, or any territory or
possession of the United States.
``(8) World wide web.--The term `World Wide Web' means a
computer server-based file archive accessible, over the
Internet, using a hypertext transfer protocol, file transfer
protocol, or other similar protocols.
``(f) Application of Section.--This section shall not be construed
to limit, in any way, constitutional restrictions otherwise existing on
State or local taxing authority.
``SEC. 102. ASSESSMENT OF BUSINESS ACTIVITY TAXES.
``(a) Limitations.--No State or subdivision thereof shall have
power to assess after the date of enactment of this title any business
activity tax which was imposed by such State or subdivision for any
taxable year ending on or before such date, on or measured by the
business activity within such State that affect interstate commerce, if
the imposition of such tax for a taxable year ending after such date is
prohibited by section 101.
``(b) Collections.--The provisions of subsection (a) shall not be
construed--
``(1) to invalidate the collection on or before the date of
enactment of this title of any business activity tax imposed
for a taxable year ending on or before such date; or
``(2) to prohibit the collection after such date of any
business activity tax which was assessed on or before such date
for a taxable year ending on or before such date.
``SEC. 103. TERMINATION OF SUBSTANTIAL PHYSICAL PRESENCE.
``If a State or subdivision thereof has imposed a business activity
tax on a person as described in section 101, and the person so
obligated no longer has a substantial physical presence in that State
or subdivision, the obligation to pay a business activity tax applies
only for the period in which the person has a substantial physical
presence.
``SEC. 104. SEPARABILITY.
``If any provision of this title or the application of such
provision to any person or circumstance is held invalid, the remainder
of this title or the application of such provision to persons or
circumstances other than those to which it is held invalid, shall not
be affected thereby.''. | Internet Tax Fairness Act of 2001 - Amends the Internet Tax Freedom Act to make the three-year moratorium on State and local taxation of the Internet permanent.Revises Federal law provisions concerning state taxation of income from interstate commerce to prohibit, as a general rule, a State or subdivision thereof imposing a business activity tax on any person relating to such person's activities that affect interstate commerce, unless such person has a substantial physical presence in such State or subdivision. Defines a substantial physical presence. | {"src": "billsum_train", "title": "To make permanent the moratorium enacted by the Internet Tax Freedom Act, and for other purposes."} | 2,585 | 118 | 0.600262 | 1.533649 | 0.463092 | 5.170213 | 25.62766 | 0.87234 |
SECTION 1. TAX CREDIT FOR REGIONAL JET AIRCRAFT SERVING UNDERSERVED
COMMUNITIES.
(a) Allowance of Credit.--
(1) In general.--Section 46 of the Internal Revenue Code of
1986 (relating to amount of credit) is amended by striking
``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``, and'', and by
inserting after paragraph (3) the following new paragraph:
``(4) in the case of an eligible small air carrier, the
underserved community jet access credit.''
(2) Underserved community jet access credit.--Section 48 of
such Code (relating to the energy credit and the reforestation
credit) is amended by adding after subsection (b) the following
new subsection:
``(c) Underserved Community Jet Access Credit.--
``(1) In general.--For purposes of section 46, the
underserved community jet access credit of an eligible small
air carrier for any taxable year is an amount equal to 10
percent of the qualified investment in any qualified regional
jet aircraft.
``(2) Eligible small air carrier.--For purposes of this
subsection and section 46--
``(A) In general.--The term `eligible small air
carrier' means, with respect to any qualified regional
jet aircraft, an air carrier--
``(i) to which part 121 of title 14, Code
of Federal Regulations, applies, and
``(ii) which has less than 10,000,000,000
(10 billion) revenue passenger miles for the
calendar year preceding the calendar year in
which such aircraft is originally placed in
service.
``(B) Air carrier.--The term `air carrier' means
any air carrier holding a certificate of public
convenience and necessity issued by the Secretary of
Transportation under section 41102 of title 49, United
States Code.
``(C) Start-up carriers.--If an air carrier has not
been in operation during the entire calendar year
described in subparagraph (A)(ii), the determination
under such subparagraph shall be made on the basis of a
reasonable estimate of revenue passenger miles for its
first full calendar year of operation.
``(D) Aggregation.--All air carriers which are
treated as 1 employer under section 52 shall be treated
as 1 person for purposes of subparagraph (A)(ii).
``(3) Qualified regional jet aircraft.--For purposes of
this subsection, the term `qualified regional jet aircraft'
means a civil aircraft--
``(A) which is originally placed in service by the
taxpayer,
``(B) which is powered by jet propulsion and is
designed to have a maximum passenger seating capacity
of not less than 30 passengers and not more than 100
passengers, and
``(C) at least 50 percent of the flight segments of
which during any 12-month period beginning on or after
the date the aircraft is originally placed in service
are between a hub airport (as defined in section
41731(a)(3) of title 49, United States Code, and an
underserved airport.
``(4) Underserved airport.--The term `underserved airport'
means, with respect to any qualified regional jet aircraft, an
airport which for the calendar year preceding the calendar year
in which such aircraft is originally placed in service had less
than 600,000 enplanements.
``(5) Qualified investment.--For purposes of paragraph (1),
the term `qualified investment' means, with respect to any
taxable year, the basis of any qualified regional jet aircraft
placed in service by the taxpayer during such taxable year.
``(6) Qualified progress expenditures.--
``(A) Increase in qualified investment.--In the
case of a taxpayer who has made an election under
subparagraph (E), the amount of the qualified
investment of such taxpayer for the taxable year
(determined under paragraph (5) without regard to this
subsection) shall be increased by an amount equal to
the aggregate of each qualified progress expenditure
for the taxable year with respect to progress
expenditure property.
``(B) Progress expenditure property defined.--For
purposes of this paragraph, the term `progress
expenditure property' means any property which is being
constructed for the taxpayer and which it is reasonable
to believe will qualify as a qualified regional jet
aircraft of the taxpayer when it is placed in service.
``(C) Qualified progress expenditures defined.--For
purposes of this paragraph, the term `qualified
progress expenditures' means the amount paid during the
taxable year to another person for the construction of
such property.
``(D) Only construction of aircraft to be taken
into account.--Construction shall be taken into account
only if, for purposes of this subpart, expenditures
therefor are properly chargeable to capital account
with respect to the qualified regional jet aircraft.
``(E) Election.--An election under this paragraph
may be made at such time and in such manner as the
Secretary may by regulations prescribe. Such an
election shall apply to the taxable year for which made
and to all subsequent taxable years. Such an election,
once made, may not be revoked except with the consent
of the Secretary.
``(7) Coordination with other credits.--This subsection
shall not apply to any property with respect to which the
energy credit or the rehabilitation credit is allowed unless
the taxpayer elects to waive the application of such credits to
such property.
``(8) Special lease rules.--For purposes of section
50(d)(5), section 48(d) (as in effect on the day before the
date of the enactment of the Revenue Reconciliation Act of
1990) shall be applied for purposes of this section without
regard to paragraph (4)(B) thereof (relating to short-term
leases of property with class life of under 14 years).
``(9) Application.--This subsection shall apply to periods
after the date of the enactment of this subsection and before
January 1, 2009, under rules similar to the rules of section
48(m) (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).''
(3) Recapture.--Section 50(a) of such Code (relating to
recapture in the case of dispositions, etc.) is amended by
adding at the end the following new paragraph:
``(6) Special rules for aircraft credit.--
``(A) In general.--For purposes of determining
whether a qualified regional jet aircraft ceases to be
investment credit property, an airport which was an
underserved airport as of the date such aircraft was
originally placed in service shall continue to be
treated as an underserved airport during any period
this subsection applies to the aircraft.
``(B) Property ceases to qualify for progress
expenditures.--Rules similar to the rules of paragraph
(2) shall apply in the case of qualified progress
expenditures for a qualified regional jet aircraft
under section 48(c).''
(4) Technical amendments.--
(A) Subparagraph (C) of section 49(a)(1) of such
Code is amended by striking ``and'' at the end of
clause (ii), by striking the period at the end of
clause (iii) and inserting ``, and'', and by adding at
the end the following new clause:
``(iv) the portion of the basis of any
qualified regional jet aircraft attributable to
any qualified investment (as defined by section
48(c)(5)).''
(B) Paragraph (4) of section 50(a) of such Code is
amended by striking ``and (2)'' and inserting ``, (2),
and (6)''.
(C)(i) The section heading for section 48 of such
Code is amended to read as follows:
``SEC. 48. OTHER CREDITS.''
(ii) The table of sections for subpart E of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 48 and inserting
the following new item:
``Sec. 48. Other credits.''
(5) Effective date.--The amendments made by this subsection
shall apply to periods after the date of the enactment of this
Act, under rules similar to the rules of section 48(m) of the
Internal Revenue Code of 1986 (as in effect on the day before
the date of the enactment of the Revenue Reconciliation Act of
1990.
(b) Reduced Passenger Tax Rate on Rural Domestic Flight Segments.--
Section 4261(e)(1)(C) of such Code (relating to segments to and from
rural airports) is amended to read as follows:
``(C) Reduction in general tax rate.--
``(i) In general.--The tax imposed by
subsection (a) shall apply to any domestic
segment beginning or ending at an airport which
is a rural airport for the calendar year in
which such segment begins or ends (as the case
may be) at the rate determined by the Secretary
under clause (ii) for such year in lieu of the
rate otherwise applicable under subsection (a).
``(ii) Determination of rate.--The rate
determined by the Secretary under this clause
for each calendar year shall equal the rate of
tax otherwise applicable under subsection (a)
reduced by an amount which reflects the net
amount of the increase in revenues to the
Treasury for such year resulting from the amendments made by
subsections (a) and (c) of section ____ of the Wendell H. Ford National
Air Transportation System Improvement Act of 1998.
``(iii) Transportation involving multiple
segments.--In the case of transportation
involving more than 1 domestic segment at least
1 of which does not begin or end at a rural
airport, the rate applicable by reason of
clause (i) shall be applied by taking into
account only an amount which bears the same
ratio to the amount paid for such
transportation as the number of specified miles
in domestic segments which begin or end at a
rural airport bears to the total number of
specified miles in such transportation.''.
(c) Treatment of Certain Deductible Liquidating Distributions of
Regulated Investment Companies and Real Estate Investment Trusts.--
(1) In general.--Section 332 of the Internal Revenue Code
of 1986 (relating to complete liquidations of subsidiaries) is
amended by adding at the end the following new subsection:
``(c) Deductible Liquidating Distributions of Regulated Investment
Companies and Real Estate Investment Trusts.--If a corporation receives
a distribution from a regulated investment company or a real estate
investment trust which is considered under subsection (b) as being in
complete liquidation of such company or trust, then, notwithstanding
any other provision of this chapter, such corporation shall recognize
and treat as a dividend from such company or trust an amount equal to
the deduction for dividends paid allowable to such company or trust by
reason of such distribution.''.
(2) Conforming amendments.--
(A) The material preceding paragraph (1) of section
332(b) of such Code is amended by striking ``subsection
(a)'' and inserting ``this section''.
(B) Paragraph (1) of section 334(b) of such Code is
amended by striking ``section 332(a)'' and inserting
``section 332''.
(3) Effective date.--The amendments made by this subsection
shall apply to distributions after May 21, 1998. | Amends the Internal Revenue Code (IRC) to provide for an underserved community jet access credit for an eligible small carrier equal to ten percent of the qualified investment in qualified regional jet aircraft. Provides for a reduced passenger tax rate on rural domestic flights.
Amends IRC provisions relating to complete liquidations of subsidiaries to provide that if a corporation receives a distribution from a regulated investment company or a real estate investment trust which is considered as being in complete liquidation of such company or trust, then, notwithstanding other specified IRC provisions, such corporation shall recognize and treat as a dividend from such company or trust an amount equal to the deduction for dividends paid allowable to such company or trust by reason of such distribution. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide an investment credit to promote the availability of jet aircraft to underserved communities, to reduce the passenger tax rate on rural domestic flight segments, and for other purposes."} | 2,530 | 163 | 0.520956 | 1.325894 | 0.7213 | 6.529412 | 17.088235 | 0.897059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Palestinian and United Nations Anti-
Terrorism Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On April 23, 2014, representatives of the Palestinian
Liberation Organization and Hamas, a designated terrorist
organization, signed an agreement to form a government of
national consensus.
(2) On June 2, 2014, Palestinian President Mahmoud Abbas
announced a unity government as a result of the April 23, 2014,
agreement.
(3) United States law requires that any Palestinian
government that ``includes Hamas as a member'', or over which
Hamas exercises ``undue influence'', only receive United States
assistance if certain certifications are made to Congress.
(4) The President has taken the position that the current
Palestinian government does not include members of Hamas or is
influenced by Hamas and has thus not made the certifications
required under current law.
(5) The leadership of the Palestinian Authority has failed
to completely denounce and distance itself from Hamas' campaign
of terrorism against Israel.
(6) President Abbas has refused to dissolve the power-
sharing agreement with Hamas even as more than 2,300 rockets
have targeted Israel since July 2, 2014.
(7) President Abbas and other Palestinian Authority
officials have failed to condemn Hamas' extensive use of the
Palestinian people as human shields.
(8) The Israeli Defense Forces have gone to unprecedented
lengths for a modern military to limit civilian casualties.
(9) On July 23, 2014, the United Nations Human Rights
Council adopted a one-sided resolution criticizing Israel's
ongoing military operations in Gaza.
(10) The United Nations Human Rights Council has a long
history of taking anti-Israel actions while ignoring the
widespread and egregious human rights violations of many other
countries, including some of its own members.
(11) On July 16, 2014, officials of the United Nations
Relief and Works Agency for Palestine Refugees in the Near East
(UNRWA) discovered 20 rockets in one of the organization's
schools in Gaza, before returning the weapons to local
Palestinian officials rather than dismantling them.
(12) On multiple occasions during the conflict in Gaza,
Hamas has used the facilities and the areas surrounding UNRWA
locations to store weapons, harbor their fighters, and conduct
attacks.
SEC. 3. DECLARATION OF POLICY.
It shall be the policy of the United States--
(1) to deny United States assistance to any entity or
international organization that harbors or collaborates with
Hamas, a designated terrorist organization, until Hamas agrees
to recognize Israel, renounces violence, disarms, and accepts
prior Israeli-Palestinian agreements;
(2) to seek a negotiated settlement of this conflict only
under the condition that Hamas and any United States-designated
terrorist groups are required to entirely disarm; and
(3) to continue to provide security assistance to the
Government of Israel to assist its efforts to defend its
territory and people from rockets, missiles, and other threats.
SEC. 4. RESTRICTIONS ON AID TO THE PALESTINIAN AUTHORITY.
For purposes of section 620K of the Foreign Assistance Act of 1961
(22 U.S.C. 2378b), any power-sharing government, including the current
government, formed in connection with the agreement signed on April 23,
2014, between the Palestinian Liberation Organization and Hamas is
considered a ``Hamas-controlled Palestinian Authority''.
SEC. 5. REFORM OF UNITED NATIONS HUMAN RIGHTS COUNCIL.
(a) In General.--Until the Secretary of State submits to the
appropriate congressional committees a certification that the
requirements described in subsection (b) have been satisfied--
(1) the United States contribution to the regular budget of
the United Nations shall be reduced by an amount equal to the
percentage of such contribution that the Secretary determines
would be allocated by the United Nations to support the United
Nations Human Rights Council or any of its Special Procedures;
(2) the Secretary shall not make a voluntary contribution
to the United Nations Human Rights Council; and
(3) the United States shall not run for a seat on the
United Nations Human Rights Council.
(b) Certification.--The annual certification referred to in
subsection (a) is a certification made by the Secretary of State to
Congress that the United Nations Human Rights Council's agenda does not
include a permanent item related to the State of Israel or the
Palestinian territories.
(c) Reversion of Funds.--Funds appropriated and available for a
United States contribution to the United Nations but withheld from
obligation and expenditure pursuant to this section shall immediately
revert to the United States Treasury and the United States Government
shall not consider them arrears to be repaid to any United Nations
entity.
SEC. 6. UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS RELIEF AND
WORKS AGENCY FOR PALESTINE REFUGEES IN THE NEAR EAST
(UNRWA).
Section 301(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2221(c)) is amended to read as follows:
``(c) Palestine Refugees; Considerations and Conditions for
Furnishing Assistance.--
``(1) In general.--No contributions by the United States to
the United Nations Relief and Works Agency for Palestine
Refugees in the Near East (UNRWA) for programs in the West Bank
and Gaza, a successor entity or any related entity, or to the
regular budget of the United Nations for the support of UNRWA
or a successor entity for programs in the West Bank and Gaza,
may be provided until the Secretary certifies to the
appropriate congressional committees that--
``(A) no official, employee, consultant,
contractor, subcontractor, representative, or affiliate
of UNRWA--
``(i) is a member of Hamas or any United
States-designated terrorist group; or
``(ii) has propagated, disseminated, or
incited anti-Israel, or anti-Semitic rhetoric
or propaganda;
``(B) no UNRWA school, hospital, clinic, other
facility, or other infrastructure or resource is being
used by Hamas or an affiliated group for operations,
planning, training, recruitment, fundraising,
indoctrination, communications, sanctuary, storage of
weapons or other materials, or any other purposes;
``(C) UNRWA is subject to comprehensive financial
audits by an internationally recognized third party
independent auditing firm and has implemented an
effective system of vetting and oversight to prevent
the use, receipt, or diversion of any UNRWA resources
by Hamas or any United States-designated terrorist
group, or their members; and
``(D) no recipient of UNRWA funds or loans is a
member of Hamas or any United States-designated
terrorist group.
``(2) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committees on Foreign Relations,
Appropriations, and Homeland Security and Governmental
Affairs of the Senate; and
``(B) the Committees on Foreign Affairs,
Appropriations, and Oversight and Government Reform of
the House of Representatives.''.
SEC. 7. ISRAELI SECURITY ASSISTANCE.
The equivalent amount of all United States contributions withheld
from the Palestinian Authority, the United Nations Human Rights
Council, and the United Nations Relief and Works Agency for Palestine
Refugees in the Near East under this Act is authorized to be provided
to--
(1) the Government of Israel for the Iron Dome missile
defense system and other missile defense programs; and
(2) underground warfare training and technology and
assistance to identify and deter tunneling from Palestinian-
controlled territories into Israel. | Palestinian and United Nations Anti-Terrorism Act of 2014 - States that it shall be U.S. policy to: (1) deny U.S. assistance to any entity or international organization that collaborates with Hamas until Hamas agrees to recognize Israel, renounces violence, disarms, and accepts prior Israeli-Palestinian agreements; (2) seek a negotiated settlement only if Hamas and any U.S.-designated terrorist groups are required to disarm entirely; and (3) provide security assistance to Israel. Considers any power-sharing government, including the current government, formed in connection with the April 23, 2014, agreement between the Palestinian Liberation Organization (PLO) and Hamas to be a "Hamas-controlled Palestinian Authority (PA)" and thus subject to specified restrictions under the Foreign Assistance Act of 1961. States that until the Secretary of State certifies to Congress that the United Nations Human Rights Council (UNHRC)'s agenda does not include a permanent item related to Israel or the Palestinian territories: (1) the U.S. contribution to the regular budget of the United Nations (U.N.) shall be reduced by a specified amount, (2) the Secretary shall not make a voluntary contribution to UNHRC, and (3) the United States shall not run for an UNHRC seat. Amends the Foreign Assistance Act of 1961 to prohibit U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) for programs in the West Bank and Gaza until the Secretary certifies to Congress that: no official, employee, consultant, or affiliate of UNRWA is a member of Hamas or any U.S.-designated terrorist group, or has propagated or incited anti-Israel or anti-Semitic rhetoric; no UNRWA facility or resource is being used by Hamas or an affiliated group for any purpose; UNRWA is subject to audits by an internationally recognized third party auditing firm and has implemented an oversight system to prevent the use of UNRWA resources by Hamas or any U.S.-designated terrorist group; and no recipient of UNRWA funds or loans is a member of Hamas or any U.S.-designated terrorist group. Authorizes the equivalent amount of all U.S. contributions withheld from the PA, UNHRC, and UNRWA under this Act to be provided to Israel for Iron Dome and other missile defense systems and for underground warfare training and technology. | {"src": "billsum_train", "title": "Palestinian and United Nations Anti-Terrorism Act of 2014"} | 1,722 | 552 | 0.642413 | 2.248775 | 0.684499 | 4.549654 | 3.605081 | 0.928406 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrated Public Alert and Warning
System Modernization Act of 2012''.
SEC. 2. FINDINGS.
Congress finds that--
(1) numerous proven and tested technologies exist to enable
the Federal Government to enhance its dissemination of public
alerts and warnings;
(2) the expected benefits of these enhancements include--
(A) greater security, reliability, and redundancy
of the Federal Government's alert and warning
capabilities;
(B) rapid alert dissemination;
(C) an improved ability to notify remote locations;
(D) the ability to geographically target and
deliver alerts and warnings through multiple
communication modes; and
(E) the ability to permit homeland security grants
to be utilized for the purposes of modernizing public
alert and warning systems;
(3) there is a need to test the viability of delivering
messages through diverse communications modes to effectively
alert and warn the public;
(4) there is a need to modernize and improve the ability of
the Federal Government to provide residents of the United
States with timely and effective warnings; and
(5) although significant Federal integration efforts are
underway, the aggregation, dissemination, and reporting system
necessary for effective public alert and warning will require
an integrated national network for reliable, secure, and
authentic dissemination of emergency alerts and warnings by
Federal, State, local, and tribal entities that are authorized
to issue alerts to the public.
SEC. 3. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
MODERNIZATION.
(a) In General.--
(1) Amendment.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end of
the following new section:
``SEC. 526. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
MODERNIZATION.
``(a) In General.--In order to provide timely and effective
warnings and disseminate homeland security information and other
information, the Secretary shall, considering the recommendations of
the advisory committee established under subsection (d), modernize and
implement the national integrated public alert and warning system (in
this section referred to as `the public alert and warning system').
``(b) Implementation Requirements.--In carrying out subsection (a),
the Secretary shall--
``(1) establish or adapt, as appropriate, common alerting
and warning protocols, standards, terminology, and operating
procedures for the public alert and warning system;
``(2) include in the public alert and warning system the
capability to adapt the dissemination of homeland security
information and other information and the content of
communications on the basis of geographic location, risks, or
personal user preferences, as appropriate;
``(3) include in the public alert and warning system the
capability to alert, warn, and provide the equivalent amount of
information to individuals with disabilities and access and
functional needs;
``(4) ensure the conduct of training, tests, and exercises
for the public alert and warning system, and that the system is
incorporated into other training and exercise programs of the
Department, as appropriate;
``(5) ensure that ongoing training, integrated into the
National Incident Management System, for receiving and
disseminating public alert and warning system messages
utilizing advanced technologies is provided to State, local,
tribal, and other homeland security stakeholders involved in
the transmission of such messages;
``(6) ensure that the public alert and warning system uses
the National Terrorism Advisory System, including ensuring that
the National Terrorism Advisory System participates in tests of
the public alert and warning system;
``(7) conduct, at least once every 3 years, periodic
nationwide tests of the public alert and warning system; and
``(8) consult, coordinate, and cooperate, to the extent
practicable, with other Federal agencies and departments and
with State, local, and tribal governments, the private sector,
and other key stakeholders to leverage existing alert and
warning capabilities.
``(c) System Requirements.--The Secretary shall ensure that the
system--
``(1) incorporates redundant and diverse modes to
disseminate homeland security information and other information
in warning messages to the public so as to reach the greatest
number of individuals;
``(2) can be adapted to incorporate future technologies;
``(3) is resilient, secure, and can withstand acts of
terrorism and other external attacks;
``(4) promotes State, local, tribal, and regional
partnerships to enhance coordination;
``(5) is designed to provide alerts that are accessible to
the largest portion of the affected population feasible,
including nonresident visitors and tourists and individuals
with disabilities and access and functional needs;
``(6) is designed to improve the ability of remote areas
and areas with underdeveloped telecommunications infrastructure
to receive alerts; and
``(7) includes mechanisms to ensure the protection of
individual privacy.
``(d) Integrated Public Alert and Warning System Modernization
Advisory Committee.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of the Integrated Public Alert and Warning System
Modernization Act of 2012, the Secretary shall establish an
advisory committee to be known as the Integrated Public Alert
and Warning System Advisory Committee (in this subsection
referred to as the `Advisory Committee').
``(2) Membership.--The Advisory Committee shall be composed
of the following members:
``(A) The Chairman of the Federal Communications
Commission (or the Chairman's designee).
``(B) The Administrator of the National Oceanic and
Atmospheric Administration (or the Administrator's
designee).
``(C) The Assistant Secretary for Communications
and Information of the Department of Commerce (or the
Assistant Secretary's designee).
``(D) The Under Secretary for Science and
Technology of the Department of Homeland Security.
``(E) The Director of the Office of Disability
Integration and Coordination of the Federal Emergency
Management Agency.
``(F) The following members, to be appointed by the
Secretary as soon as practicable after the date of
enactment of the Integrated Public Alert and Warning
System Modernization Act of 2012:
``(i) Representatives of State and local
governments, representatives of emergency
management agencies, representatives of
emergency response providers, and
representatives of emergency communication
providers, selected from among individuals
nominated by national organizations
representing governments and personnel.
``(ii) Representatives from federally
recognized Indian tribes and national Indian
organizations.
``(iii) Individuals who have the requisite
technical knowledge and expertise to serve on
the Advisory Committee, including
representatives of--
``(I) communications service
providers;
``(II) vendors, developers, and
manufacturers of systems, facilities,
equipment, and capabilities for the
provision of communications services;
``(III) third-party service
bureaus;
``(IV) the broadcasting industry;
``(V) the cellular industry;
``(VI) the cable industry;
``(VII) the satellite industry;
``(VIII) national organizations
representing individuals with
disabilities and access and functional
needs, and the elderly; and
``(IX) national organizations
representing educational institutions,
including higher education.
``(iv) Qualified representatives of such
other stakeholders and interested and affected
parties as the Secretary considers appropriate.
``(3) Chairperson.--The Secretary (or the Secretary's
designee) shall serve as the Chairperson of the Advisory
Committee.
``(4) Meetings.--
``(A) Initial meeting.--The initial meeting of the
Advisory Committee shall take place not later than 120
days after the date of enactment of the Integrated
Public Alert and Warning System Modernization Act of
2012.
``(B) Other meetings.--After the initial meeting,
the Advisory Committee shall meet, at least annually,
at the call of the Chairperson.
``(C) Notice; open meetings.--Meetings held by the
Advisory Committee shall be duly noticed at least 14
days in advance and shall be open to the public.
``(5) Rules.--The Advisory Committee may adopt such rules
as are necessary to carry out its duties.
``(6) Consultation with nonmembers.--The Advisory Committee
and the program office for the integrated public alert and
warning system of the United States shall regularly meet with
groups that are not represented on the Advisory Committee to
consider new and developing technology that may be beneficial
to the public alert and warning system, such as--
``(A) the Defense Advanced Research Projects
Agency;
``(B) entities engaged in federally funded
research; and
``(C) academic institutions engaged in relevant
work and research.
``(7) Recommendations.--The Advisory Committee shall
develop and submit in the annual reports under paragraph (8)
recommendations for the continuation and improvement of an
integrated public alert and warning system, including--
``(A) recommendations for common alerting and
warning protocols, standards, terminology, and
operating procedures for the public alert and warning
system;
``(B) an assessment of the accomplishments and
deficiencies of the public alert and warning system, as
well as the impact on current alert and warning
systems;
``(C) recommendations for increasing participation
in the system, particularly among elementary,
secondary, and higher education institutions; and
``(D) recommendations for improvements to the
system, including recommendations to provide for a
public alert and warning system that--
``(i) has the capability to adapt the
distribution and content of communications on
the basis of geographic location, risks,
multiple communication systems and technologies
or personal user preferences, as appropriate;
``(ii) has the capability to alert and warn
individuals with disabilities and access and
functional needs and individuals with limited
English proficiency;
``(iii) incorporates multiple
communications technologies;
``(iv) is designed to adapt to, and
incorporate, future technologies for
communicating directly with the public;
``(v) encourages proper use by State and
local governments of the public alert and
warning system through training programs and
other means;
``(vi) is designed to provide alerts to the
largest portion of the affected population
feasible, including nonresident visitors and
tourists, and improve the ability of remote
areas to receive alerts;
``(vii) promotes local and regional public
and private partnerships to enhance community
preparedness and response;
``(viii) promotes the participation of
representatives from underserved and
underrepresented communities, to ensure that
alerts and warnings reach such populations; and
``(ix) provides redundant alert mechanisms
where practicable so as to reach the greatest
number of people regardless of whether they
have access to, or utilize, any specific medium
of communication or any particular device.
``(8) Report.--Not later than 1 year after the date of
enactment of the Integrated Public Alert and Warning System
Modernization Act of 2012, and every year after, the Advisory
Committee shall submit to the Secretary a report containing the
recommendations of the Advisory Committee.
``(9) Federal advisory committee act.--Neither the Federal
Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or
regulation promulgated under that Act shall apply to the
Advisory Committee.
``(e) Report.--Not later than 1 year after the date on which the
system established under subsection (a) is fully functional and every
six months thereafter, the Secretary 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 report on
the functionality and performance of the integrated public alert and
warning system, including--
``(1) the findings of the most recent Advisory Committee
report under subsection (d)(8);
``(2) an assessment of the accomplishments and deficiencies
of the system;
``(3) recommendations for improvements to the system; and
``(4) information on the feasibility and effectiveness of
disseminating homeland security information and other
information, notices, and alerts prior to and following an
incident requiring use of the system.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $13,400,000 for
each of fiscal years 2013 through 2017.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end of the items
relating to such title the following:
``Sec. 526. National integrated public alert and warning system
modernization.''.
(b) Limitation on Statutory Construction.--Nothing in this Act
(including the amendment made by this Act) shall be construed to affect
the authority of the Department of Commerce, the Federal Communications
Commission, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
(c) Homeland Security Grants.--Section 2008(a) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)) is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following new
paragraph:
``(13) improving public alert and warning capabilities;
and''. | Integrated Public Alert and Warning System Modernization Act of 2012 - Amends the Homeland Security Act of 2002 (HSA) to direct the Secretary of Homeland Security to modernize and implement the national integrated public alert and warning system, including by: (1) establishing or adapting common alerting and warning protocols, standards, terminology, and operating procedures; (2) including the capability to adapt the dissemination of information and the content of communications on the basis of geographic location, risks, or personal user preferences and the capability to alert, warn, and provide the equivalent amount of information to individuals with disabilities and access and functional needs; (3) ensuring the conduct of training, tests, and exercises for the system that are incorporated into other training and exercise programs of the Department of Homeland Security (DHS); (4) ensuring that ongoing training, integrated into the National Incident Management System, for receiving and disseminating public alert and warning system messages utilizing advanced technologies is provided to state, local, tribal, and other homeland security stakeholders; (5) ensuring that the system uses the National Terrorism Advisory System; (6) conducting periodic nationwide tests of the system at least once every three years; and (7) consulting, coordinating, and cooperating with other federal agencies and with state, local, and tribal governments, the private sector, and other key stakeholders to leverage existing alert and warning capabilities.
Requires the Secretary to ensure that the system: (1) incorporates redundant and diverse modes to disseminate warning messages to reach the greatest number of individuals; (2) can be adapted to incorporate future technologies; (3) is resilient, secure, and can withstand acts of terrorism and other external attacks; (4) promotes state, local, tribal, and regional partnerships to enhance coordination; (5) is designed to provide alerts that are accessible to the largest portion of the affected population feasible and to improve the ability of remote areas and areas with underdeveloped telecommunications infrastructure to receive alerts; and (6) includes mechanisms to ensure the protection of individual privacy.
Directs the Secretary to establish the Integrated Public Alert and Warning System Advisory Committee, which shall develop and submit in annual reports recommendations for the continuation and improvement of an integrated public alert and warning system, including: (1) recommendations for common alerting and warning protocols, standards, terminology, and operating procedures for the system; (2) an assessment of system accomplishments and deficiencies, as well as the impact on current alert and warning systems; and (3) recommendations for increasing participation in the system, particularly among elementary, secondary, and higher education institutions. Requires the recommendations to include recommendations to provide a system that: (1) has the capability to adapt the distribution and content of communications on the basis of geographic location, risks, multiple communication systems and technologies or personal user preferences and to alert and warn individuals with disabilities, access and functional needs, and limited English proficiency; (2) incorporates multiple communications technologies; (3) is designed to adapt to and incorporate future technologies for communicating directly with the public, to provide alerts to the largest portion of the affected population feasible, and to improve the ability of remote areas to receive alerts; (4) encourages proper use by state and local governments through training programs and other means; (5) promotes local and regional partnerships to enhance community preparedness and response; (6) promotes the participation of representatives from under served and under represented communities to ensure that alerts and warnings reach such populations; and (7) provides redundant alert mechanisms to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device.
Requires the Secretary, one year after the system is fully functional and every six months thereafter, to report to specified congressional committees on the functionality and performance of the system.
Authorizes appropriations for FY2013-FY2017.
Directs the Administrator of the Federal Emergency Management Agency (FEMA) to permit the use of homeland security grant funds to improve public alert and warning capabilities. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to modernize and implement the national integrated public alert and warning system to disseminate homeland security information and other information, and for other purposes."} | 2,846 | 824 | 0.742456 | 2.289325 | 0.777466 | 5.571066 | 3.553299 | 0.964467 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recreational Fee Authority Act of
2004''.
SEC. 2. RECREATION FEE AUTHORITY.
(a) In General.--Beginning on January 1, 2006, the Secretary of the
Interior (``Secretary'') may establish, modify, charge, and collect
fees for admission to a unit of the National Park System and the use of
National Park Service (``Service'') administered areas, lands, sites,
facilities, and services (including reservations) by individuals and/or
groups. Fees shall be based on an analysis by the Secretary of--
(1) the benefits and services provided to the visitor;
(2) the cumulative effect of fees;
(3) the comparable fees charged elsewhere and by other
public agencies and by nearby private sector operators;
(4) the direct and indirect cost and benefit to the
government;
(5) public policy or management objectives served;
(6) economic and administrative feasibility of fee
collection; and
(7) other factors or criteria determined by the Secretary.
(b) Number of Fees.--The Secretary shall establish the minimum
number of fees and shall avoid the collection of multiple or layered
fees for a wide variety of uses, activities or programs.
(c) Analysis.--The results of the analysis together with the
Secretary's determination of appropriate fee levels shall be
transmitted to the Congress at least three months prior to publication
of such fees in the Federal Register. New fees and any increases or
decreases in established fees shall be published in the Federal
Register and no new fee or change in the amount of fees shall take
place until at least 12 months after the date the notice is published
in the Federal Register.
(d) Additional Authorities.--Beginning on January 1, 2006, the
Secretary may enter into agreements, including contracts to provide
reasonable commissions or reimbursements with any public or private
entity for visitor reservation services, fee collection and/or
processing services.
(e) Administration.--The Secretary may provide discounted or free
admission days or use, may modify the National Park Passport,
established pursuant to Public Law 105-391, and shall provide
information to the public about the various fee programs and the costs
and benefits of each program.
(f) State Agency Admission and Special Use Passes.--Effective
January 1, 2006, and notwithstanding the Federal Grants Cooperative
Agreements Act, the Secretary may enter into revenue sharing agreements
with State agencies to accept their annual passes and convey the same
privileges, terms and conditions as offered under the auspices of the
National Park Passport, to State agency annual passes and shall only be
accepted for all of the units of the National Park System within the
boundaries of the State in which the specific revenue sharing agreement
is entered into except where the Secretary has established a fee that
includes a unit or units located in more than one State.
SEC. 3. DISTRIBUTION OF RECEIPTS.
Without further appropriation, all receipts collected pursuant to
the Act or from sales of the National Park Passport shall be retained
by the Secretary and may be expended as follows:
(1) 80 percent of amounts collected at a specific area,
site, or project as determined by the Secretary, shall remain
available for use at the specific area, site or project, except
for those units of the National Park System that participate in
an active revenue sharing agreement with a State under Section
2(f) of this Act, not less than 90 percent of amounts collected
at a specific area, site, or project shall remain available for
use.
(2) The balance of the amounts collected shall remain
available for use by the Service on a Service-wide basis as
determined by the Secretary.
(3) Monies generated as a result of revenue sharing
agreements established pursuant to Section 2(f) may provide for
a fee-sharing arrangement. The Service shares of fees shall be
distributed equally to all units of the National Park System in
the specific States that are parties to the revenue sharing
agreement.
(4) Not less than 50 percent of the amounts collected from
the sale of the National Park Passport shall remain available
for use at the specific area, site, or project at which the
fees were collected and the balance of the receipts shall be
distributed in accordance with paragraph 2 of this Section.
SEC. 4. EXPENDITURES.
(a) Use of Fees at Specific Area, Site, or Project.--Amounts
available for expenditure at a specific area, site or project shall be
accounted for separately and may be used for--
(1) repair, maintenance, facility enhancement, media
services and infrastructure including projects and expenses
relating to visitor enjoyment, visitor access, environmental
compliance, and health and safety;
(2) interpretation, visitor information, visitor service,
visitor needs assessments, monitoring, and signs;
(3) habitat enhancement, resource assessment, preservation,
protection, and restoration related to recreation use; and
(4) law enforcement relating to public use and recreation.
(b) The Secretary may use not more than fifteen percent of total
revenues to administer the recreation fee program including direct
operating or capital costs, cost of fee collection, notification of fee
requirements, direct infrastructure, fee program management costs,
bonding of volunteers, start-up costs, and analysis and reporting on
program accomplishments and effects.
SEC. 5. REPORTS.
On January 1, 2009, and every three years thereafter the Secretary
shall submit to the Congress a report detailing the status of the
Recreation Fee Program conducted in units of the National Park System
including an evaluation of the Recreation Fee Program conducted at each
unit of the National Park System; a description of projects that were
funded, work accomplished, and future projects and programs for funding
with fees, and any recommendations for changes in the overall fee
system.
Passed the Senate May 19, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Recreational Fee Authority Act of 2004 - (Sec. 2) Authorizes the Secretary of the Interior, beginning on January 1, 2006, to establish, modify, charge, and collect fees for: (1) admission to a unit of the National Park System (NPS); and (2) the use of National Park Service administered areas, lands, sites, facilities, and services by individuals and/or groups.
Requires fees to be based on an analysis of specified factors, including: (1) the benefits and services provided to the visitor; (2) the cumulative effect of fees; (3) the comparable fees charged elsewhere and by other public agencies and by nearby private sector operators; (4) the direct and indirect cost and benefit to the Government; (5) public policy or management objectives served; and (6) economic and administrative feasibility of fee collection.
Directs the Secretary to establish the minimum number of fees and avoid the collection of multiple or layered fees. Requires: (1) the results of the analysis together with the Secretary's determination of appropriate fee levels to be transmitted to Congress at least three months prior to publication of such fees in the Federal Register; and (2) proposed new fees or changes to be published in the Federal Register and prohibits them from taking effect for 12 months after the date the notice is published.
Authorizes the Secretary to: (1) enter into agreements, beginning on January 1, 2006, with public or private entities to provide visitor reservation services and fee collection and/or processing services; (2) provide discounted or free admission days or use, modify the National Park Passport, and provide information to the public about various fee programs and program costs and benefits; and (3) enter into revenue sharing agreements with State agencies, effective January 1, 2006, to accept their annual passes for NPs units within the State.
(Sec. 3) Requires, without further appropriation, all receipts collected pursuant to this Act or from sales of the Passport to be retained by the Secretary and permits expenditure of such sums as follows: (1) 80 percent of amounts collected at a specific area, site, or project (area) shall remain available for use at the specific area, except for those NPS units that participate in an active revenue sharing agreement with a State (in which case not less than 90 percent of amounts collected at a specific area shall remain available for use); (2) the balance of the amounts collected shall remain available for use by the National Park Service on a Service-wide basis; (3) monies generated as a result of revenue sharing agreements may provide for a fee-sharing arrangement (with the Service shares of fees being distributed equally to all NPS units in the specific States that are parties to the agreement); and (4) not less than 50 percent of the amounts collected from the sale of the Passport shall remain available for use at the specific area at which the fees were collected and the balance of the receipts shall be distribution as specified.
(Sec. 4) Provides that amounts available for expenditure at a specific area shall be accounted for separately and may be used for: (1) repair, maintenance, facility enhancement, media services and infrastructure including projects and expenses relating to visitor enjoyment, visitor access, environmental compliance, and health and safety; (2) interpretation, visitor information, visitor service, visitor needs assessments, monitoring, and signs; (3) habitat enhancement, resource assessment, preservation, protection, and restoration related to recreation use; and (4) law enforcement relating to public use and recreation.
Limits the Secretary to using 15 percent of total revenues to administer the recreation fee program including direct operating or capital costs, cost of fee collection, notification of fee requirements, direct infrastructure, fee program management costs, bonding of volunteers, startup costs, and analysis and reporting on program accomplishments and effects.
(Sec. 5) Directs the Secretary, on January 1, 2009, and every three years thereafter, to submit to Congress a report detailing the status of the Recreation Fee Program conducted in NPS units, including: (1) an evaluation of the Program conducted at each unit; (2) a description of projects that were funded, work accomplished, and future projects and programs for funding with fees; and (3) any recommendations for changes in the overall fee system. | {"src": "billsum_train", "title": "A bill to enhance the Recreational Fee Demonstration Program for the National Park Service, and for other purposes."} | 1,233 | 872 | 0.837854 | 2.887898 | 0.824019 | 6.233179 | 1.416473 | 0.961717 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Metropolitan Medical Response System
Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In its January 2010 report card, the Commission on the
Prevention of Weapons of Mass Destruction Proliferation and
Terrorism stated that the Federal Government must ``become a
stronger advocate for citizen, community, state, and regional
preparedness to effectively respond'' to both natural disasters
and man-made events.
(2) The Metropolitan Medical Response System (MMRS) is the
only program at the Federal level that supports the integration
of local emergency management, law enforcement, and health and
medical systems into a coordinated response to a mass casualty
event caused by a weapon of mass destruction, an incident
involving hazardous materials, an epidemic disease outbreak, or
a natural disaster.
(3) The MMRS program was established in the wake of the
1995 deadly release of sarin nerve gas in a Tokyo subway, and
the 1995 bombing of the Alfred P. Murrah building in Oklahoma
City.
(4) The MMRS program aims to improve medical response
systems, by enhancing the existing local response systems and
capabilities of a community before an incident occurs.
(5) The MMRS program provides tangible benefits in the form
of increased operational capacity and communication, improved
personnel training, stockpiled pharmaceuticals, and adequate
supplies of personal protective equipment and other specialized
response equipment.
(6) The MMRS program supports a number of other existing
Federal programs, such as the Hospital Preparedness Program,
the Cities Readiness Initiative, the State Homeland Security
Program, and Urban Area Security Initiative.
(7) The MMRS program provides funding to 124 local
jurisdictions in 43 States, covering approximately 70 percent
of the United States population.
(8) The MMRS program has become an increasingly vital part
of our homeland security infrastructure in the wake of recent
influenza outbreaks, renewed terrorists threats, and severe
weather emergencies.
SEC. 3. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following new
section:
``SEC. 525. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.
``(a) In General.--There is in the Department a Metropolitan
Medical Response System Program (in this section referred to as the
`Program').
``(b) Purpose.--The purpose of the Program shall be to support
State and local jurisdictions in preparing for and maintaining all-
hazards response capabilities to manage public health and mass casualty
incidents resulting from natural and man-made disasters, acts of
terrorism, and epidemic disease outbreaks, by systematically enhancing
and integrating first responders, public health personnel, emergency
management personnel, and other participants in mass casualty
management.
``(c) Program Administration.--The Assistant Secretary, Office of
Health Affairs shall develop programmatic and policy guidance for the
Program in coordination with the Administrator of the Federal Emergency
Management Agency.
``(d) Personnel Costs.--The Program shall not be subject to an
administrative cap on the hiring of personnel to conduct Program
activities.
``(e) Financial Assistance.--
``(1) Authorization of contracts.--
``(A) In general.--The Secretary, through the
Administrator of the Federal Emergency Management
Agency and subject to the availability of
appropriations, may enter into contracts under this
section with local jurisdictions to assist in preparing
for and responding to mass casualty incidents.
``(B) Consultation.--In developing guidance for
contracts authorized under this subsection, the
Administrator shall consult with the Assistant
Secretary, Office of Health Affairs.
``(2) Use of funds.--A contract entered into under this
subsection may be used to support the integration of emergency
management, health, and medical systems into a coordinated
response to mass casualty incidents caused by any hazard,
including--
``(A) to strengthen medical surge capacity;
``(B) to strengthen mass prophylaxis capabilities
including development and maintenance of an initial
pharmaceutical stockpile sufficient to protect first
responders, their families, and immediate victims from
a chemical or biological event;
``(C) to strengthen chemical, biological,
radiological, nuclear, and explosive detection,
response, and decontamination capabilities;
``(D) to develop and maintain mass triage and pre-
hospital treatment plans and capabilities;
``(E) for planning;
``(F) to support efforts to strengthen information
sharing and collaboration capabilities of regional,
State, and urban areas in support of public health and
medical preparedness;
``(G) for medical supplies management and
distribution;
``(H) for training and exercises;
``(I) for integration and coordination of the
activities and capabilities of public health personnel
and medical care providers with those of other
emergency response providers as well as other Federal
agencies, the private sector, and nonprofit
organizations, for the forward movement of patients;
and
``(J) for activities aimed at increasing the
awareness of the Program to Federal, State and local
governments for purposes of further integrating the
Program into existing capabilities.
``(3) Eligibility.--
``(A) In general.--Except as provided in
subparagraph (C), any jurisdiction that received funds
through the Program for fiscal year 2009 shall be
eligible for a contract under this subsection.
``(B) Additional jurisdictions.--
``(i) Unrepresented states.--
``(I) In general.--Except as
provided in subparagraph (C), for any
State in which no jurisdiction received
funds through the Program for fiscal
year 2009, or in which funding was
received only through another State,
the metropolitan statistical area in
such State with the largest population
of all such areas in such State shall
be eligible for a contract under this
subsection.
``(II) Limitation.--For each of
fiscal years 2010 through 2014, no
jurisdiction that would otherwise be
eligible to receive a contract under
subclause (I) shall be eligible for a
contract under this subsection if it
would result in any jurisdiction under
subparagraph (A) receiving less funding
than such jurisdiction received for
fiscal year 2004.
``(ii) Other jurisdictions.--
``(I) In general.--Subject to
subparagraph (C), the Administrator may
determine that additional jurisdictions
are eligible for contracts under this
subsection.
``(II) Limitation.--For each of
fiscal years 2010 through 2014, the
eligibility of any additional
jurisdiction for contracts under this
subsection is subject to the
availability of appropriations beyond
that necessary to--
``(aa) ensure that each
jurisdiction eligible for a
contract under subparagraph (A)
does not receive less funding
than such jurisdiction received
for fiscal year 2009; and
``(bb) provide contracts to
jurisdictions eligible under
clause (i).
``(C) Performance requirement after fiscal year
2010.--A jurisdiction shall not be eligible for a
contract under this subsection to be funded with
amounts available after fiscal year 2010 unless the
Secretary determines that the jurisdiction has met the
performance measures issued under subsection (f).
``(4) Distribution of funds.--
``(A) In general.--The Administrator shall include
in each contract under this subsection with a local
jurisdiction a defined list of performance objectives
for which funds will be distributed to the
jurisdiction.
``(B) Payments.--Funds shall be distributed by the
Administrator under each contract under this subsection
directly to the local jurisdiction that entered into
the contract.
``(5) Mutual aid.--
``(A) Agreements.--Local jurisdictions receiving
assistance under the Program are encouraged to develop
and maintain memoranda of understanding and agreement
with neighboring jurisdictions to support a system of
mutual aid among the jurisdictions.
``(B) Contents.--A memorandum referred to in
subparagraph (A) shall include, at a minimum, policies
and procedures to--
``(i) enable the timely deployment of
Program personnel and equipment across
jurisdictions and, if relevant, across State
boundaries;
``(ii) share information in a consistent
and timely manner; and
``(iii) notify State authorities of the
deployment of Program resources in a manner
that ensures coordination with State agencies
without impeding the ability of Program
personnel and equipment to respond rapidly to
emergencies in other jurisdictions.
``(f) Performance Measures.--The Administrator, in coordination
with the Assistant Secretary, Office of Health Affairs and the National
Metropolitan Medical Response System Working Group and within one year
after the date of enactment of this section, shall issue performance
measures for each local jurisdiction that enters a contract under this
section to allow objective evaluation of the performance and effective
use of funds provided under the contract.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the Program $75,000,000 for each of the
fiscal years 2010 through 2014.''.
(b) Program Review.--
(1) In general.--The Administrator of the Federal Emergency
Management Agency, the Assistant Secretary, Office of Health
Affairs, and the National Metropolitan Medical Response System
Working Group shall jointly conduct a review of the
Metropolitan Medical Response System Program, including an
examination of--
(A) the goals and objectives of the Program;
(B) the extent to which the goals and objectives
are being met;
(C) the performance metrics that can best help
assess whether the Program is succeeding;
(D) how the Program can be improved;
(E) how the Program complements and enhances other
preparedness programs supported by the Department of
Homeland Security and the Department of Health and
Human Services;
(F) the degree to which the strategic goals,
objectives, and capabilities of the Program are
incorporated in State and local homeland security
plans;
(G) how eligibility for financial assistance, and
the allocation of financial assistance, under the
Program should be determined, including how allocation
of assistance could be based on risk; and
(H) the resource requirements of the Program.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator and the Assistant
Secretary shall submit to the Committees on Homeland Security
and Energy and Commerce of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report on the results of the review under this
subsection.
(3) Consultation.--The Administrator of the Federal
Emergency Management Agency shall consult with the Secretary of
Health and Human Services in the implementation of paragraph
(1)(E).
(4) Definition.--In this subsection the term ``National
Metropolitan Medical Response System Working Group'' means a
group of 10 local government agency managers of contracts
awarded under the Program, that--
(A) represents a population-based cross section of
jurisdictions that are receiving contract funds under
the Program; and
(B) includes one local government agency contract
manager from each of the 10 regions of the Federal
Emergency Management Agency, of whom--
(i) 5 shall be appointed by the
Administrator of the Federal Emergency
Management Agency; and
(ii) 5 shall be appointed by the Assistant
Secretary, Office of Health Affairs.
(c) Conforming Amendments.--
(1) Repeal.--Section 635 of the Post-Katrina Management
Reform Act of 2006 (6 U.S.C. 723) is repealed.
(2) Table of contents.--The table of contents contained in
section 1(b) of the Homeland Security Act of 2002 is amended by
adding at the end of the items relating to title V the
following new item:
``Sec. 525. Metropolitan Medical Response System Program.''. | Metropolitan Medical Response System Program Act of 2010 - Amends the Homeland Security Act of 2002 to establish within the Department of Homeland Security (DHS) a Metropolitan Medical Response System Program to support state and local jurisdictions in preparing for and maintaining all-hazards response capabilities to manage public health and mass casualty incidents resulting from natural and man-made disasters, terrorist acts, and epidemic disease outbreaks, by systematically enhancing and integrating first responders, public health personnel, emergency management personnel, and other participants in mass casualty management. (Repeals provisions of the Post-Katrina Management Reform Act of 2006 regarding a Metropolitan Medical Response Program.)
Directs the Assistant Secretary, Office of Health Affairs, to develop programmatic and policy guidance for the Program in coordination with the Administrator of the Federal Emergency Management Agency (FEMA).
Authorizes the Secretary, through the Administrator, to enter in contracts with local jurisdictions to assist in preparing for and responding to mass casualty incidents. Authorizes the use of contracts to support the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard.
Sets forth eligibility requirements. Encourages local jurisdictions receiving assistance under the Program to develop and maintain memoranda of understanding and agreement with neighboring jurisdictions to support a system of mutual aid among the jurisdictions.
Requires the Administrator: (1) in coordination with the Assistant Secretary, Office of Health Affairs, and a National Metropolitan Medical Response System Working Group, to issue performance measures for each local jurisdiction that enters a contract under this Act; and (2) together with the Assistant Secretary and the Working Group, to conduct a review of the Program. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to authorize the Metropolitan Medical Response System Program, and for other purposes."} | 2,558 | 370 | 0.590419 | 1.917351 | 0.750544 | 5.553459 | 7.628931 | 0.949686 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) This Act may be cited as the ``Conservation Enhancement Act of
2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EXTENSION AND ADDITIONAL FUNDING FOR CONSERVATION PROGRAMS
Sec. 101. Extension of conservation programs through 2012.
Sec. 102. Provision of additional funding.
TITLE II--SUBSTANTIVE CHANGES TO CONSERVATION PROGRAMS
Subtitle A--Environmental Quality Incentives Program
Sec. 201. Implementation of best management practices.
Sec. 202. Time for payments.
Sec. 203. Contract term.
Sec. 204. Federal share of cost-share payments.
Sec. 205. Carry over of unobligated amounts.
Sec. 206. Conservation priority areas and priority issues.
Subtitle B--Wildlife Habitat Incentives Program
Sec. 211. Pilot programs to prevent listing of endangered species and
preserve critical habitats.
Subtitle C--Conservation Reserve Program
Sec. 221. Full enrollment of authorized acreage.
Sec. 222. Additional pilot program.
Sec. 223. Expanded haying and grazing.
Sec. 224. Protection of farm program base.
Subtitle D--Wetlands Reserve Program
Sec. 231. Increase in authorized maximum enrollment.
Sec. 232. Enrollment methods.
Subtitle E--Conservation Technical Assistance
Sec. 241. Sense of Congress concerning conservation technical
assistance.
TITLE I--EXTENSION AND ADDITIONAL FUNDING FOR CONSERVATION PROGRAMS
SEC. 101. EXTENSION OF CONSERVATION PROGRAMS THROUGH 2012.
(a) Environmental Conservation Acreage Reserve Program.--Section
1230(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3830(a)(1)) is
amended by striking ``2002'' and inserting ``2012''.
(b) Conservation Reserve Program.--(1) Section 1231 of the Food
Security Act of 1985 (16 U.S.C. 3831) is amended in subsections (a),
(b)(3), and (d) by striking ``2002'' and inserting ``2012''.
(2) Section 1232(c) of the Food Security Act of 1985 (16 U.S.C.
3832(c)) is amended by striking ``2002'' and inserting ``2012''.
(c) Wetland Reserve Program.--Section 1237(c) of the Food Security
Act of 1985 (16 U.S.C. 3837(c)) is amended by striking ``2002'' and
inserting ``2012''.
(d) Environmental Quality Incentives Program.--Section 1240B(a)(1)
of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(a)(1)) is amended
by striking ``2002'' and inserting ``2012''.
(e) Wildlife Habitat Incentives Program.--Section 387(c) of the
Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C.
3836a(c)) is amended by striking ``1996 through 2002'' and inserting
``2003 through 2012''.
SEC. 102. PROVISION OF ADDITIONAL FUNDING.
(a) Environmental Conservation Acreage Reserve Program.--Section
1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended--
(1) in subsection (a), by striking ``2002'' and inserting
``2012'';
(2) in subsection (b)(1)--
(A) by striking ``and'' after ``1996,''; and
(B) by inserting ``and $500,000,000 for each of
fiscal years 2003 through 2012,''; and
(3) in subsection (b)(2), by striking ``2002'' and
inserting ``2012''.
(b) Wildlife Habitat Incentives Program.--Section 387(c) of the
Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C.
3836a(c)) is amended by striking ``$50,000,000'' and inserting
``$200,000,000''.
TITLE II--SUBSTANTIVE CHANGES TO CONSERVATION PROGRAMS
Subtitle A--Environmental Quality Incentives Program
SEC. 201. IMPLEMENTATION OF BEST MANAGEMENT PRACTICES.
Section 1240A(2) of the Food Security Act of 1985 (16 U.S.C.
3839aa-1(2)) is amended by adding at the end the following new
sentence: ``The term includes best management practices approved for
use in agricultural production by the Secretary.''.
SEC. 202. TIME FOR PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7)
is amended by striking subsection (c) and inserting the following new
subsection:
``(c) Timing of Payments.--The Secretary shall make cost-share
payments and incentive payments under this chapter as soon as possible
after the contract between the producer and the Secretary is
executed.''.
SEC. 203. CONTRACT TERM.
Section 1240B(b)(2) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(b)(2)) is amended by striking ``5'' and inserting ``3''.
SEC. 204. FEDERAL SHARE OF COST-SHARE PAYMENTS.
Section 1240B(e)(1)(A) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(e)(1)(A)) is amended by striking ``not more than'' and
inserting ``equal to''.
SEC. 205. CARRY OVER OF UNOBLIGATED AMOUNTS.
Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
amended by adding at the end the following new paragraph:
``(3) Multi-year availability of funds.--Funds made
available under paragraph (1) for a fiscal year shall remain
available until expended.''.
SEC. 206. CONSERVATION PRIORITY AREAS AND PRIORITY ISSUES.
(a) Repeal of Limitation on Assistance for Confined Animal Feeding
Operations.--Section 1240B(e)(1) of the Food Security Act of 1985 (16
U.S.C. 3839aa-2(e)(1)) is amended--
(1) by striking subparagraph (B); and
(2) by redesignating subparagraph (C) as subparagraph (B).
(b) Reservation of Funds for Conservation Priority Areas.--Section
1240C of the Food Security Act of 1985 (16 U.S.C. 3839aa-3) is
amended--
(1) by inserting ``(a) Priorities.--'' before ``In
providing''; and
(2) by adding at the end the following new subsection:
``(b) Limitation.--Notwithstanding subsection (a)(1), the total
amount of funds obligated under this chapter in a fiscal year for land
management practices and structural practices to be implemented, or
previously implemented, in conservation priority areas may not exceed
50 percent of total amount of funds available under section 1241(b) for
that fiscal year.''.
(c) Additional Priority.--Section 1240C of the Food Security Act of
1985 (16 U.S.C. 3839aa-3) is amended by inserting after subsection (b),
as added by subsection (a) of this section, the following new
subsection:
``(c) Priority Funding for Confined Livestock Feeding Operations.--
In addition to the priorities established in subsection (a), it is the
sense of the Congress that the Secretary should accord priority to the
implementation of land management practices and structural practices by
producers who own or operate confined animal feeding operations. The
priority so accorded to confined animal feeding operations should not
depend on the size of the operation.''.
Subtitle B--Wildlife Habitat Incentives Program
SEC. 211. PILOT PROGRAMS TO PREVENT LISTING OF ENDANGERED SPECIES AND
PRESERVE CRITICAL HABITATS.
Section 387 of the Federal Agriculture Improvement and Reform Act
of 1996 (16 U.S.C. 3836a) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Pilot Programs To Prevent Listing of Endangered Species and
Preserve Critical Habitats.--Of the total amount made available under
subsection (e) for fiscal years 2003 through 2012, the Secretary shall
use $40,000,000 to support pilot programs involving local initiatives
to prevent the listing of a fish, wildlife, or plant species as a
threatened species or endangered species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) through the preservation or
development of critical habitat for such species. No more than two
pilot programs may be supported under this subsection in any region of
the United States.
``(d) Effect of Participation.--A person receiving cost-share
payments under subsection (b) or participating in a pilot program
funded under subsection (c) shall not be penalized or subject to
increased land use regulations if, as a result of the activities
undertaken with the funds provided under this section, a threatened
species or endangered species locates on the preserved or developed
wildlife habitat. Participation in the program, including a pilot
program funded under subsection (c), is voluntary, and a participant
shall not lose any rights to control access to private property on
account of the receipt of a payment under this section.''.
Subtitle C--Conservation Reserve Program
SEC. 221. FULL ENROLLMENT OF AUTHORIZED ACREAGE.
Section 1231(d) of the Food Security Act of 1985 (16 U.S.C.
3831(d)) is amended by adding at the end the following new sentence:
``If, as of the date of the enactment of the ____ Act of 2001, the
maximum authorized acreage is not yet enrolled, the Secretary shall
encourage additional enrollments so as to achieve enrollment of the
maximum authorized acreage.''.
SEC. 222. ADDITIONAL PILOT PROGRAM.
Section 1231(b) of the Food Security Act of 1985 (16 U.S.C.
3831(b)) is amended by adding at the end the following new subsection:
``(i) Pilot Program To Address Local and Regional Conservation
Issues.--
``(1) Authorized acreage.--The Secretary may enroll in the
conservation reserve under this subsection up to 10,000,000
acres. Any acreage enrolled under this subsection shall not be
counted toward maximum enrollment limitation specified in
subsection (d).
``(2) Pilot programs authorized.--The Secretary shall carry
out pilot programs to evaluate the feasibility of using the
conservation reserve program to support local and regional
efforts to preserve croplands and pasture lands and address
conservation issues. The Secretary may make grants to, or enter
into agreements with, public and private entities that operate
farmland protection programs and that offer to undertake the
enrollment of acreage under the pilot program.
``(3) Maximum program enrollment.--The Secretary shall
conduct at least 10 pilot programs under the authority of this
section, and not more than 1,000,000 acres may be enrolled
through a single pilot program.
``(4) Eligible lands.--The following lands are eligible for
enrollment under the pilot program:
``(A) Lands described in subsection (b).
``(B) Croplands or pasture lands that are not
otherwise eligible for enrollment, but that contain
habitat suitable for a fish, wildlife, or plant species
that is listed, being considered for listing, or may be
considered for listing as a threatened species or
endangered species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
``(5) Continuation of agricultural use.--Lands used before
enrollment for the production of an agricultural commodity or
the grazing of livestock may remain in production after
enrollment.''.
SEC. 223. EXPANDED HAYING AND GRAZING.
Section 1232(a)(7)(A) of the Food Security Act of 1985 (16 U.S.C.
3832(a)(7)(A)) is amended--
(1) by striking ``and'' at the end of clauses (i) and (ii);
(2) by adding at the end the following new clauses:
``(iii) harvesting or grazing according to
approved stocking rates or other commercial use
of the forage on such land if the Secretary
determines that the harvesting or grazing or
other commercial use of the forage will enhance
the quality of the vegetative cover and the
harvesting or grazing or other commercial use
of the forage is conducted no more frequently
than authorized for other maintenance options;
and
``(iv) grazing on land that is subject to a
contract entered into under the Secretary's
continuous signup authority when the grazing is
incidental to the grazing of a growing winter-
seeded crop; and''.
SEC. 224. PROTECTION OF FARM PROGRAM BASE.
Section 1236 of the Food Security Act of 1985 (16 U.S.C. 3836) is
amended--
(1) by striking subsection (a); and
(2) in subsection (b), by striking ``may provide'' and
inserting ``shall provide''.
Subtitle D--Wetlands Reserve Program
SEC. 231. INCREASE IN AUTHORIZED MAXIMUM ENROLLMENT.
(a) Increase.--Section 1237(b)(1) of the Food Security Act of 1985
(16 U.S.C. 3837(b)(1)) is amended by striking ``975,000'' and inserting
``2,500,000''.
(b) Conforming Repeal.--Section 808 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (as enacted by Public Law 106-387; 114 Stat.
1549A-52), is repealed.
SEC. 232. ENROLLMENT METHODS.
Section 1237(b) of the Food Security Act of 1985 (16 U.S.C.
3837(b)) is amended by striking paragraph (2) and inserting the
following new paragraph:
``(2) Methods of enrollment.--The Secretary may enroll up
to 1,000,000 acres of eligible lands into the wetlands reserve
program using permanent easements, with the remaining
authorized acreage enrolled into 30-year easements or
restoration cost-share agreements.''.
Subtitle E--Conservation Technical Assistance
SEC. 241. SENSE OF CONGRESS CONCERNING CONSERVATION TECHNICAL
ASSISTANCE.
It is the sense of Congress that not less than $1,000,000,000
should be appropriated the Secretary of Agriculture each fiscal year to
restore staffing and technical assistance levels for the Natural
Resources Conservation Service to pre-1985 levels since Natural
Resources Conservation Service personnel are the key component
necessary to deliver current and expanded conservation programs and to
assist producers in planning and implementing successful conservation
initiatives. | Conservation Enhancement Act of 2001 - Amends the Food Security Act of 1985 to extend program authority and funding for the: (1) environmental conservation acreage reserve program; (2) conservation reserve program, including the wildlife use provision; (3) wetlands reserve program; and (4) environmental quality incentives program.Amends the Federal Agriculture Improvement Act of 1996 to extend and increase funding for the wildlife habitat incentives program.Amends the Food Security Act of 1985 to revise the environmental quality incentives program respecting: (1) land management practices; (2) minimum contract term; (3) fund carryover; and (4) confined animal feeding operations and conservation priority areas.Amends the Federal Agriculture Improvement and Reform Act of 1996 to direct the Secretary of Agriculture to use specified funds for pilot programs to prevent listing of threatened or endangered species through the development of critical habitats for such species.Amends the Food Security Act of 1985 respecting the conservation reserve program to: (1) direct the Secretary to carry out at least ten pilot programs that address local and regional cropland and conservation issues; (2) expand haying and grazing authority; and (3) revise base history provisions.Increases maximum wetlands reserve program acreage.Expresses the sense of Congress concerning minimum funding for, and the importance of, conservation technical assistance. | {"src": "billsum_train", "title": "To extend and expand conservation programs administered by the Department of Agriculture."} | 3,515 | 272 | 0.62294 | 1.644227 | 0.789053 | 2.75 | 11.099206 | 0.900794 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assessment and Remediation of
Contaminated Sediments Reauthorization Act''.
SEC. 2. ASSESSMENT AND REMEDIATION OF CONTAMINATED SEDIMENTS.
Section 118(c)(7) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)(7)) is amended by adding at the end the following:
``(D) Demonstration projects.--
``(i) In general.--The Administrator,
acting through the Program Office, in
consultation and cooperation with the Assistant
Secretary of the Army having responsibility for
civil works, shall conduct at least 3
demonstration projects involving promising
technologies and practices to remedy
contaminated sediments (including at least 1
full-scale demonstration of a remediation
technology) at sites in the Great Lakes System,
as the Administrator determines appropriate.
``(ii) Selection of sites.--In selecting
sites for the demonstration projects, the
Administrator shall give priority consideration
to--
``(I) the Ashtabula River in Ohio;
``(II) the Buffalo River in New
York;
``(III) Duluth and Superior Harbor
in Minnesota;
``(IV) the Fox River in Wisconsin;
``(V) the Grand Calumet River in
Indiana; and
``(VI) Saginaw Bay in Michigan.
``(iii) Deadlines.--In carrying out this
subparagraph, the Administrator shall--
``(I) not later than 18 months
after the date of enactment of this
subparagraph, identify at least 3 sites
and the technologies and practices to
be demonstrated at the sites (including
at least 1 full-scale demonstration of
a remediation technology); and
``(II) not later than 5 years after
the date of enactment, complete at
least 3 demonstration projects
(including at least 1 full-scale
demonstration of a remediation
technology).
``(iv) Additional projects.--The
Administrator, acting through the Program
Office, in consultation and cooperation with
the Assistant Secretary of the Army having
responsibility for civil works, may conduct
additional pilot- and full-scale demonstration
projects involving promising technologies and
practices at sites in the Great Lakes System
other than the sites selected under clause (i).
``(v) Execution of projects.--The
Administrator may cooperate with the Assistant
Secretary of the Army having responsibility for
civil works to plan, engineer, design, and
execute demonstration projects under this
subparagraph.
``(vi) Non-federal contributions.--The
Administrator may accept non-Federal
contributions to carry out demonstration
projects under this subparagraph.
``(vii) Authorization of appropriations.--
There are authorized to be appropriated to
carry out this subparagraph $3,500,000 for each
of fiscal years 1997 through 2001.
``(E) Technical information and assistance.--
``(i) In general.--The Administrator,
acting through the Program Office, may provide
technical information and assistance involving
technologies and practices for remediation of
contaminated sediments to persons that request
the information or assistance.
``(ii) Technical assistance priorities.--In
providing technical assistance under this
subparagraph, the Administrator, acting through
the Program Office, shall give special priority
to requests for integrated assessments of, and
recommendations regarding, remediation
technologies and practices for contaminated
sediments at Great Lakes areas of concern.
``(iii) Coordination with other
demonstrations.--The Administrator shall--
``(I) coordinate technology
demonstrations conducted under this
subparagraph with other federally
assisted demonstrations of contaminated
sediment remediation technologies; and
``(II) share information from the
demonstrations conducted under this
subparagraph with the other
demonstrations.
``(iv) Other sediment remediation
activities.--Nothing in this subparagraph
limits the authority of the Administrator to
carry out sediment remediation activities under
other laws.
``(v) Authorization of appropriations.--
There are authorized to be appropriated to
carry out this subparagraph $1,000,000 for each
of fiscal years 1997 through 2001.
SEC. 3. EXTENSION OF AUTHORIZATION OF GREAT LAKES APPROPRIATIONS.
Section 118(h) of the Federal Water Pollution Control Act (33
U.S.C. 1268(h)) is amended by striking ``for fiscal year 1991. Of the''
and all that follows through the period at the end and inserting ``for
each of fiscal years 1991 through 2001.''. | Assessment and Remediation of Contaminated Sediments Reauthorization Act - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency, acting through the Great Lakes National Program Office, to conduct at least three demonstration projects involving promising technologies and practices to remedy contaminated sediments at sites in the Great Lakes system.
Gives priority for demonstration projects to: (1) the Ashtabula River in Ohio; (2) the Buffalo River in New York; (3) Duluth and Superior Harbor in Minnesota; (4) the Fox River in Wisconsin; (5) the Grand Calumet River in Indiana; and (6) Saginaw Bay in Michigan.
Permits the Administrator to conduct additional projects at other sites in the Great Lakes System.
Authorizes appropriations.
Permits the Administrator to provide technical information and assistance involving the remediation of contaminated sediments upon request.
Authorizes appropriations.
Extends the authorization of appropriations for the Great Lakes water quality program through 2001. | {"src": "billsum_train", "title": "Assessment and Remediation of Contaminated Sediments Reauthorization Act"} | 1,012 | 223 | 0.618183 | 1.809576 | 0.786917 | 3.432432 | 4.778378 | 0.902703 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Renewable Energy
Agency (IRENA) Act of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Renewable energy technology will be critical for the
United States and the world in overcoming dependence on oil and
reducing levels of dangerous global warming pollution.
(2) The institutional support for renewable energy
technology needs to be strengthened to match this growing level
of importance to the United States and the world.
(3) International agencies have been formed on two
occasions to address the unique problems and geopolitical
dynamics associated with different energy sources: the
International Atomic Energy Agency (IAEA) and the International
Energy Agency (IEA).
(4) The IAEA, formed in 1957, represents the culmination of
President Eisenhower's ``Atoms for Peace'' proposal,
emphasizing safe, secure, and peaceful use of nuclear
technologies. Under the guidance and oversight of the IAEA,
nuclear power has grown from supplying almost none of the
world's electricity at the IAEA's founding to nearly 16 percent
in 2004.
(5) The IEA, formed during the 1973-74 Arab oil embargo,
enhances energy security among oil consuming countries through
an oil reserve and sharing program triggered in the event of an
actual or potentially severe oil supply disruption. With IEA
helping to counterbalance the Organization of Petroleum
Exporting Countries, global oil consumption has surged 47
percent over IEA's lifetime.
(6) Renewable generating capacity grew 26 gigawatts in
2005, expanding worldwide nonhydro renewable capacity to over
182 gigawatts. However, nearly two-thirds of this capacity lies
in just six countries. Meeting the world's energy demands in
the coming century while simultaneously reducing heat-trapping
emissions and growing the global economy will require actions
across nations to reform policy, expand markets for renewable
energy technologies, and gather and disseminate information and
best practices regarding renewable energy resources, and
appropriate technologies.
(7) From 1970 to 2005, the direct cost to the United States
of dependence on foreign oil was $7,000,000,000,000 (in
constant 2000 dollars).
(8) Oil dependence harms the economy and consumers,
entangles the military in foreign conflicts, and endangers
public health and the environment through the threat of global
warming.
(9) Significant public health, national security, and
environmental costs are associated with the emission of
greenhouse gases from the burning of fossil fuels. In the
United States and many other countries, these costs are not
currently paid by the polluters--a failure of competitive
markets which leads to the overuse of carbon-emitting energy
and the under-production of carbon-free energy.
(10) Annual revenue of solar, wind, and biofuel energy
companies increased to $55,000,000,000 in 2006, a 39 percent
increase over 2005. Venture capital directed towards energy
technology has grown from less than $50,000,000 a year in 1996
to over $2,400,000,000 in 2006, representing nearly 10 percent
of total venture capital investment in the United States.
(11) In the United States alone, over a billion tons of
greenhouse gas emissions could be eliminated each year at a
profit through energy efficiency measures by 2030, avoiding the
construction of hundreds of power plants.
(12) Renewable energy tends to have higher construction and
maintenance costs and low or zero fuel costs, while fossil
energy has an opposite cost structure. This results in a higher
number of jobs per unit of energy generated from renewable
energy than conventional fossil fuels. The construction,
manufacturing, installation, operation and maintenance jobs
produced by a megawatt of photovoltaic solar, for example, is 7
to 11 times greater than the jobs generated by an equivalent
amount of coal or gas generated electricity.
(13) The Intergovernmental Panel on Climate Change has
stated that to stabilize greenhouse gases at CO<INF>2</INF>
equivalent concentrations of roughly 450-500 parts per
million--where global temperature rise could be limited to 3.6-
4.3F and sea-level rise due to thermal expansion limited to
4.6 feet--global emissions would need to peak by 2015 and
decline to as little as 15 percent of 2000 levels by the year
2050.
(14) In 2004, carbon dioxide emissions from Organization
for Economic Co-operation and Development (OECD) countries were
surpassed for the first time by emissions from non-OECD
countries. Carbon dioxide emissions from developing countries
are projected to account for over 75 percent of global
emissions growth by 2030. Encouraging growth of renewable
energy in developing countries reduces the extent and
likelihood that these economies will follow a carbon-intensive,
fossil energy development path.
(15) At least $20,000,000,000,000 of investment in energy
generation and infrastructure will be needed worldwide in order
to meet the world's energy needs in 2030 (in constant 2005
dollars). Energy generation and infrastructure typically turns
over every 40 years, making near-term energy investment
decisions instrumental in determining future emissions of
greenhouse gases.
SEC. 3. ESTABLISHMENT OF AN INTERNATIONAL RENEWABLE ENERGY AGENCY.
(a) Establishment.--The President, acting through the Secretary of
State and in coordination with the Secretary of Energy, shall
immediately seek to establish an international renewable energy agency
to be known as the International Renewable Energy Agency (IRENA). In
addition, the President shall direct the United States Permanent
Representative to the United Nations to use the voice and vote of the
United States to seek to establish such an international renewable
energy agency.
(b) Duties.--The agency described in paragraph (1) should--
(1) support governments in establishing policies and
programs that promote renewable energy and energy efficiency
measures;
(2) assist in conducting country studies that analyze the
potential of renewable energy;
(3) provide a global status report for renewable energy and
review progress on the implementation of renewable energy
programs and projects;
(4) provide long-term projections and scenarios in order to
identify market potential, barriers to deployment, and failures
in markets and policies, as well as plan for future demand for
renewable energy;
(5) organize training programs, information campaigns, and
courses relating to renewable energy for civil servants,
scientists, businesses, and nongovernment organizations;
(6) assist in developing and supplying curriculum relating
to renewable energy for schools and universities, including
post-graduate education programs;
(7) cooperate with financing institutions to develop and
support innovative financing mechanisms to promote renewable
energy and energy efficiency measures;
(8) facilitate the transfer of knowledge and best practices
gained from successful renewable energy programs to interested
member parties;
(9) develop common, nondiscriminatory international norms
and quality standards including certification relating to
renewable energy; and
(10) draft and disseminate statistics, technology
information, reports on project implementation, and progress of
legislation and policy programs relating to renewable energy.
(c) Membership.--The President shall seek to include in the
membership of the agency described in paragraph (1) interested member
states of the United Nations.
SEC. 4. REPORT.
Not later than 1 year after the date of the enactment of this Act,
the President shall transmit to Congress a report on the implementation
of this Act.
SEC. 5. DEFINITIONS.
In this Act:
(1) Energy efficiency measure.--The term ``energy
efficiency measure'' means an improvement in process or
technology that--
(A) reduces energy inputs for an identical level of
service; or
(B) increases or enhances services for an identical
amount of energy inputs.
(2) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) hydrofluorocarbons;
(E) perfluorocarbons; or
(F) sulfur hexafluoride.
(3) Renewable energy.--The term ``renewable energy'' means
an energy supply based on--
(A) solar radiation,
(B) solar heat,
(C) wind power,
(D) tidal or wave power,
(E) biomass,
(F) geothermal energy,
(G) small hydropower, or
(H) large hydropower,
if the energy supply is operated in accordance with the
recommendations of the United Nations Dams and Development
Project.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act, there is authorized to be appropriated to
the President $1,500,000 for fiscal year 2008. | International Renewable Energy Agency (IRENA) Act of 2008 - Requires the President: (1) acting through the Secretary of State and in coordination with the Secretary of Energy, to seek to establish an International Renewable Energy Agency; and (2) to direct the United States Permanent Representative to the United Nations to use the voice and vote of the United States to seek to establish such an agency.
Provides that such agency should: (1) support governments in establishing policies and programs that promote renewable energy and energy efficiency measures; (2) assist in conducting country studies of the potential of renewable energy; (3) provide a global status report for renewable energy; (4) provide long-term projections and scenarios to identify market potential, barriers to deployment, and failures in markets and policies, as well as plan for future demand for renewable energy; (5) organize training programs, information campaigns, and courses relating to renewable energy for civil servants, scientists, businesses, and nongovernment organizations; (6) assist in developing and supplying curricula relating to renewable energy for schools and universities; (7) cooperate with financing institutions to develop and support innovative financing mechanisms to promote renewable energy and energy efficiency measures; (8) facilitate the transfer of knowledge and best practices gained from successful renewable energy programs; (9) develop common, nondiscriminatory international norms and quality standards including certification relating to renewable energy; and (10) draft and disseminate statistics, technology information, reports on project implementation, and progress of legislation and policy programs relating to renewable energy. | {"src": "billsum_train", "title": "To direct the President to seek to establish an international renewable energy agency to expand the availability and generating capacity of renewable energy to markets around the world in order to increase economic opportunity, drive technological innovation, enhance regional and global security, raise living standards, and reduce global warming pollution."} | 1,807 | 313 | 0.542837 | 1.835754 | 0.783872 | 7.86 | 5.806667 | 0.986667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Outpatient Mental Health
Modernization Act of 2008''.
SEC. 2. TRANSITIONAL FREEZE ON CERTAIN MEDICARE HOSPITAL OUTPATIENT FEE
SCHEDULE AMOUNTS.
Notwithstanding any other provision of law, effective for episodes
and visits beginning on or after January 1, 2009, and before January 1,
2010, in the case of partial hospital services (as defined in section
1861(ff)(1) of the Social Security Act (42 U.S.C. 1395x(ff)(1)), the
OPD fee schedule increase factor under section 1833(t)(3)(C)(iv) of the
Social Security Act (42 U.S.C. 1395l(t)(3)(C)(iv)) for the medicare OPD
fee schedule amount established for such services (as published in the
Federal Register on November 27, 2007 (72 Fed. Reg. 66670)) shall be
zero.
SEC. 3. ACCREDITATION PROGRAM FOR COMMUNITY MENTAL HEALTH CENTERS
PROVIDING PARTIAL HOSPITALIZATION SERVICES.
Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is
amended by adding at the end the following new paragraph:
``(18) Accreditation program for community mental health
centers providing partial hospitalization services.--
``(A) Definitions.--In this section:
``(i) Accreditation organization.--The term
`accreditation organization' means an
organization designated by the Secretary under
subparagraph (C)(i)(II) to accredit community
mental health centers providing partial
hospitalization services.
``(ii) Partial hospitalization services.--
The term `partial hospitalization services' has
the meaning given such term in section
1861(ff)(1).
``(iii) Physician.--Except as otherwise
provided by the Secretary, the term `physician'
means any individual who furnishes services for
which payment may be made under the physician
fee schedule under section 1848.
``(iv) Physician specialty organization.--
The term `physician specialty organization'
means a United States medical specialty society
that represents diplomats certified by a board
recognized by the American Board of Medical
Specialties.
``(B) Establishment.--Not later than January 1,
2010, subject to the succeeding provisions of this
paragraph, the Secretary shall, by regulation,
establish an accreditation program which requires the
accreditation of community mental health centers
providing partial hospitalization services.
``(C) Design of accreditation program.--
``(i) In general.--Each community mental
health center providing partial hospitalization
services for which payment is made under the
prospective payment system established under
this subsection must be accredited for each
program under which such services are furnished
by the community mental health center by an
accrediting organization designated by the
Secretary under clause (ii).
``(ii) Accreditation organizations.--
``(I) In general.--The Secretary
shall, by regulation, designate
entities to accredit community mental
health centers providing partial
hospitalization services. The entities
designated under the preceding sentence
shall include the Joint Commission on
Accreditation of Hospitals and the
Commission on Accreditation of
Rehabilitation Facilities.
``(II) Consultation.--In
designating entities under subclause
(I), the Secretary shall consult with
academic medical centers, community
mental health centers, hospitals, and
other appropriate medical personnel
(such as psychologists, social workers,
and nurse specialists).
``(iii) Considerations.--In designating
entities under clause (ii), the Secretary shall
consider the following:
``(I) The ability of the entity to
conduct timely reviews of accreditation
applications.
``(II) Whether the entity has
established a process for the timely
integration of new services and
clinical interventions for individuals
who are furnished partial
hospitalization services.
``(III) Any other factors the
Secretary determines appropriate.
``(iv) Use of criteria for accreditation.--
Accreditation organizations shall use
appropriate criteria for evaluating community
mental health centers providing partial
hospitalization services for purposes of the
accreditation of such community mental health
centers, including criteria with respect to--
``(I) the qualifications of
nonphysician medical personnel;
``(II) the qualifications and
responsibilities of physicians,
including supervising physicians;
``(III) the establishment of
procedures for ensuring patient safety;
and
``(IV) quality assurance reporting.
``(v) Incorporation of quality measures.--
Not later than January 1, 2012, the Secretary
shall provide for the incorporation of measures
selected for purposes of quality reporting
under paragraph (19) into the accreditation
program established under this paragraph,
including the use of such measures in the
criteria for accreditation under clause (iv).
``(vi) Review of accreditation
organizations.--The Secretary, in consultation
with the entities and individuals described in
clause (ii)(II)--
``(I) shall conduct an annual
review of accreditation organizations
designated under clause (ii); and
``(II) may, by regulation, expand
the original list of accreditation
organizations so designated.
``(D) Evaluation and report.--
``(i) Evaluation.--The Secretary shall
contract with an independent, private
organization or entity to evaluate the effect
of the accreditation program established under
this paragraph and other relevant questions
involving access to and value of partial
hospitalization services furnished to
individuals under this part. Such evaluation
shall examine the following:
``(I) The impact of accreditation
requirements on the number, type, and
quality of partial hospitalization
services furnished to individuals under
this part.
``(II) The cost of meeting such
accreditation requirements, including
an examination of compliance costs to
community mental health centers
providing partial hospitalization
services and administrative costs to
the Secretary.
``(III) The access of individuals
under this part to partial
hospitalization services, especially in
rural areas, before and after
implementation of the accreditation
program.
``(IV) Any other matters the
Secretary determines appropriate.
``(ii) Report.--Not later than December 31,
2012, the Secretary shall submit a report to
Congress on the evaluation conducted under
clause (i).
``(E) Waiver authority.--The Secretary shall waive
compliance with the requirements of this title to such
extent and for such period as the Secretary determines
is necessary to carry out this paragraph.''.
SEC. 4. QUALITY IMPROVEMENT FOR PARTIAL HOSPITALIZATION SERVICES
PROVIDED BY COMMUNITY MENTAL HEALTH CENTERS.
Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)), as
amended by section 3, is amended by adding at the end the following new
paragraph:
``(19) Quality reporting for partial hospitalization
services provided by community mental health centers.--
``(A) Reduction in update for failure to report.--
For purposes of paragraph (3)(C)(iv) for 2009 and each
subsequent year, in the case of a community mental
health center providing partial hospitalization
services (as defined in section 1861(ff)(1)) that does
not submit, to the Secretary in accordance with this
paragraph, data required to be submitted on measures
selected under this paragraph with respect to such a
calendar year, the OPD fee schedule increase factor
under paragraph (3)(C)(iv) for such year shall be
reduced by 1.0 percentage point. A reduction under the
preceding sentence shall apply only with respect to the
year involved and the Secretary shall not take into
account such reduction in computing the OPD fee
schedule increase factor for a subsequent calendar
year.
``(B) Form and manner of submission.--
``(i) In general.--Subject to clause (ii),
each community mental health center providing
partial hospitalization services shall submit
to the Secretary data on measures selected
under this paragraph in a form and manner, and
at a time, specified by the Secretary for
purposes of this paragraph.
``(ii) Grace period for submission in
2011.--In the case of such data submitted with
respect to 2011, the Secretary shall provide
for a 30-day grace period for the submission of
such data by a community mental health center
providing partial hospitalization services.
``(C) Development of measures.--
``(i) In general.--The Secretary shall
select measures that the Secretary determines
appropriate for the measurement of the quality
of care provided by community mental health
centers providing partial hospitalization
services, including, beginning with 2011,
measures for a set of 5 indicators established
by the Secretary.
``(ii) Additional measures.--The Secretary
shall expand, beyond the measures selected
under clause (i) and consistent with the
succeeding provisions of this paragraph, the
set of measures that the Secretary determines
appropriate for the measurement of the quality
of care provided by community mental health
centers providing partial hospitalization
services.
``(iii) Consensus measures.--Beginning with
2009, the Secretary shall add additional
measures that reflect consensus among affected
parties and, to the extent feasible and
practicable, shall include measures set forth
by 1 or more national consensus building
entities.
``(D) Replacement of measures.--For purposes of
this paragraph, the Secretary may replace any measures
or indicators in appropriate cases, such as where all
community mental health centers providing partial
hospitalization services are effectively in compliance
or the measures or indicators have been subsequently
shown not to represent the best clinical practice.
``(E) Availability of data.--The Secretary shall
establish procedures for making data submitted under
this paragraph available to the public. Such procedures
shall ensure that a community mental health center
providing partial hospitalization services has the
opportunity to review the data that are to be made
public with respect to the community mental health
center prior to such data being made public. The
Secretary shall report quality measures of process,
structure, outcome, patients' perspectives on care,
efficiency, and costs of care that relate to partial
hospitalization services on the Internet website of the
Centers for Medicare & Medicaid Services.''.
SEC. 5. ESTABLISHING MINIMUM NUMBER OF SERVICE UNITS.
(a) In General.--Section 1861(ff)(3)(A) of the Social Security Act
(42 U.S.C. 1395x(ff)(3)(A)) is amended--
(1) by striking ``, and'' and inserting a comma; and
(2) by inserting before the period at the end ``, and which
provides a minimum of 4 units of items and services described
in paragraph (2)''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2011.
SEC. 6. COST-REPORTS OF PROVIDERS OF PARTIAL HOSPITALIZATION SERVICES.
(a) In General.--The Secretary shall require fiscal intermediaries
under the Medicare program under title XVIII of the Social Security Act
to file the cost reports of providers of partial hospitalization
services (as defined in section 1861(ff)(1) of the Social Security Act
(42 U.S.C. 1395x(ff)(1)) into the Healthcare Provider Cost Reporting
Information System (HCRIS) maintained by the Centers for Medicare &
Medicaid Services.
(b) Funding.--Out of any funds in the Treasury not otherwise
appropriated, there are appropriated $1,000,000 to the Secretary of
Health and Human Services for calendar year 2009 to carry out this
section. | Outpatient Mental Health Modernization Act of 2008 - Establishes a moratorium between January 1, 2009, and January 1, 2010, on changes in the Medicare outpatient department (OPD) fee schedule amount established for partial hospital (episode and visit) services.
Amends title XVIII (Medicare) of the Social Security Act to: (1) establish an accreditation program for community mental health centers providing partial hospitalization services; (2) require a specified reduction in the OPD fee schedule increase factor for any such center that fails to submit required data on its partial hospitalization services; and (3) establish a minimum number of four units of items and services as a requirement for coverage of such services.
Directs the Secretary of Health and Human Services to require fiscal intermediaries under the Medicare program to file the cost reports of providers of partial hospitalization services into the Healthcare Provider Cost Reporting Information System (HCRIS) maintained by the Centers for Medicare & Medicaid Services. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to stabilize and modernize the provision of partial hospitalization services under the Medicare program, and for other purposes."} | 2,545 | 204 | 0.570824 | 1.605056 | 0.792354 | 3.872928 | 12.541436 | 0.922652 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Behavioral Health Information
Technology Act of 2011''.
SEC. 2. EXTENSION OF HEALTH INFORMATION TECHNOLOGY ASSISTANCE FOR
BEHAVIORAL HEALTH AND MENTAL HEALTH AND SUBSTANCE ABUSE.
Section 3000(3) of the Public Health Services Act (42 U.S.C.
300jj(3)) is amended by inserting ``a behavioral or mental health
professional (as defined in section 331(a)(3)(E)(i)), a substance abuse
professional, a psychiatric hospital (as defined in section 1861(f) of
the Social Security Act), a community mental health center (as
described in section 1913(b)(2)) (including community mental health
centers that are operated by county behavioral health agencies), a
residential mental health treatment facility, an outpatient mental
health treatment facility, a substance abuse treatment facility,''
before ``and any other category''.
SEC. 3. EXTENSION OF HEALTH INFORMATION TECHNOLOGY REGIONAL EXTENSION
CENTERS.
Section 3012(c)(4) of the Public Health Service Act (42 U.S.C.
300jj-32(c)(4)) is amended by adding at the end the following:
``(E) Community mental health centers (as described
in section 1913(b)(2)), psychiatric hospitals (as
defined in section 1861(f) of the Social Security Act),
behavioral and mental health professionals (as defined
in section 331(a)(3)(E)(i)), substance abuse
professionals, residential mental health treatment
facilities, outpatient mental health treatment
facilities, and substance abuse treatment facilities,
including such facilities operated, managed, or
contracted for by a county behavioral health agency.''.
SEC. 4. EXTENSION OF ELIGIBILITY FOR MEDICARE AND MEDICAID HEALTH
INFORMATION TECHNOLOGY ASSISTANCE.
(a) Payment Incentives for Eligible Professionals Under the
Medicare Program.--Section 1848 of the Social Security Act (42 U.S.C.
1395w-4) is amended--
(1) in subsection (a)(7)(E), by amending clause (iii) to
read as follows:
``(iii) Eligible professional.--The term
`eligible professional' means any of the
following:
``(I) A physician (as defined
section 1861(r)).
``(II) A clinical psychologist
providing qualified psychologist
services (as defined in section
1861(ii)).
``(III) A clinical social worker
(as defined in section 1861(hh)(1)).'';
and
(2) in subsection (o)(5), by amending subparagraph (C) to
read as follows:
``(C) Eligible professional.--The term `eligible
professional' means any of the following:
``(i) A physician (as defined section
1861(r)).
``(ii) A clinical psychologist providing
qualified psychologist services (as defined in
section 1861(ii)).
``(iii) A clinical social worker (as
defined in section 1861(hh)(1)).''.
(b) Eligible Hospitals.--Section 1886(s) of the Social Security Act
(42 U.S.C. 1395ww(s)) is amended--
(1) in paragraph (4)(A)(i), by inserting ``(or, beginning
with fiscal year 2015, by one-quarter of such annual update
(determined without regard to clause (i) or (ii) of paragraph
(2)(A) or paragraph (5))'' after ``2 percentage points''; and
(2) by adding at the end the following new paragraph:
``(5) Application of incentives and incentive market basket
adjustment for adoption and meaningful use of certified ehr
technology.--The provisions of subsections (n) and
(b)(3)(B)(ix) shall apply to a psychiatric hospital (as defined
in section 1861(f)) that furnishes inpatient hospital services
with respect to a rate year beginning in a fiscal year in the
same manner as such subsections apply to an eligible hospital
(as defined in subsection (n)(6)(B)) with respect to such
fiscal year (in accordance with rules prescribed by the
Secretary).''.
(c) Medicaid Providers.--Section 1903(t) of the Social Security Act
(42 U.S.C. 1396b(t)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``, or'' and
inserting a semicolon;
(ii) in clause (ii), by striking the period
at the end and inserting a semicolon; and
(iii) by adding after clause (ii) the
following:
``(iii) a public hospital that is
principally a psychiatric hospital (as defined
in section 1861(f));
``(iv) a private hospital that is
principally a psychiatric hospital (as defined
in section 1861(f)) and that has at least 10
percent of its patient volume (as estimated in
accordance with a methodology established by
the Secretary) attributable to individuals who
are receiving medical assistance under this
title;
``(v) a community mental health center (as
described in section 1913(b)(2) of the Public
Health Service Act);
``(vi) a residential or outpatient mental
health treatment facility that--
``(I) is accredited by the Joint
Commission on Accreditation of
Healthcare Organizations, the
Commission on Accreditation of
Rehabilitation Facilities, the Council
on Accreditation, or any other national
accrediting agency recognized by the
Secretary; and
``(II) has at least 10 percent of
its patient volume (as estimated in
accordance with a methodology
established by the Secretary)
attributable to individuals who are
receiving medical assistance under this
title; or
``(vii) a substance abuse treatment
facility that--
``(I) is accredited by the Joint
Commission on Accreditation of
Healthcare Organizations, the
Commission on Accreditation of
Rehabilitation Facilities, the Council
on Accreditation, or any other national
accrediting agency recognized by the
Secretary; and
``(II) has at least 10 percent of
its patient volume (as estimated in
accordance with a methodology
established by the Secretary)
attributable to individuals who are
receiving medical assistance under this
title.''; and
(B) in the flush matter at the end, by adding the
following: ``For purposes of subparagraph (B), a
hospital, facility, or mental health center described
under such subparagraph shall include those operated or
managed, directly or under contract, by a county
behavioral health center.''; and
(2) in paragraph (3)(B)--
(A) in clause (iv), by striking ``; and'' and
inserting a semicolon;
(B) in clause (v), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(vi) clinical psychologist providing
qualified psychologist services (as defined in
section 1861(ii)), if such clinical
psychologist is practicing in an outpatient
setting that--
``(I) is led by a clinical
psychologist; and
``(II) is not otherwise receiving
payment under paragraph (1) as a
Medicaid provider described in
paragraph (2)(B); and
``(vii) a clinical social worker (as
defined in section 1861(hh)(1)), if such
clinical social worker is practicing in an
outpatient clinic that--
``(I) is led by a clinical social
worker; and
``(II) is not otherwise receiving
payment under paragraph (1) as a
Medicaid provider described in
paragraph (2)(B).''. | Behavioral Health Information Technology Act of 2011 - Amends the Public Health Service Act to expand the definition of "health care provider" for purposes of health information technology provisions to include a behavioral or mental health professional, a substance abuse professional, a psychiatric hospital, a community mental health center, a residential or outpatient mental health treatment facility, and a substance abuse treatment facility.
Adds community mental health centers, psychiatric hospitals, behavioral and mental health professionals, substance abuse professionals, residential or outpatient mental health treatment facilities, and substance abuse treatment facilities to the list of entities with priority for receiving direct assistance from regional extension centers to effectively adopt, implement, and utilize health information technology.
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to include qualified clinical psychologists, clinical social workers, psychiatric hospitals, community mental health centers, residential or outpatient mental health treatment facilities, and substance abuse treatment facilities within the health professionals, hospitals, and Medicaid providers eligible for incentive payments for the meaningful use of certified EHR technology. Applies Medicare hospital market basket adjustments for such incentives applicable to inpatient hospitals to psychiatric hospitals. | {"src": "billsum_train", "title": "A bill to amend the Public Health Services Act and the Social Security Act to extend health information technology assistance eligibility to behavioral health, mental health, and substance abuse professionals and facilities, and for other purposes."} | 1,815 | 262 | 0.625211 | 1.665625 | 0.850375 | 2.789954 | 6.995434 | 0.872146 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Encouraging Work Act of 2003''.
SEC. 2. MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK
CREDIT.
(a) Credit Made Permanent.--
(1) Subsection (c) of section 51 of the Internal Revenue
Code of 1986 is amended by striking paragraph (4) (relating to
termination).
(2) Section 51A of such Code is amended by striking
subsection (f).
(b) Eligibility of Ex-Felons Determined Without Regard to Family
Income.--Paragraph (4) of section 51(d) of such Code is amended by
adding ``and'' at the end of subparagraph (A), by striking ``, and'' at
the end of subparagraph (B) and inserting a period, and by striking all
that follows subparagraph (B).
(c) Increase in Maximum Age for Eligibility of Food Stamp
Recipients.--Clause (i) of section 51(d)(8)(A) of such Code is amended
by striking ``25'' and inserting ``40''.
(d) Increase in Maximum Age for Designated Community Residents.--
(1) In general.--Paragraph (5) of section 51(d) of such
Code is amended to read as follows:
``(5) Designated community residents.--
``(A) In general.--The term `designated community
resident' means any individual who is certified by the
designated local agency--
``(i) as having attained age 18 but not age
40 on the hiring date, and
``(ii) as having his principal place of
abode within an empowerment zone, enterprise
community, or renewal community.
``(B) Individual must continue to reside in zone or
community.--In the case of a designated community
resident, the term `qualified wages' shall not include
wages paid or incurred for services performed while the
individual's principal place of abode is outside an
empowerment zone, enterprise community, or renewal
community.''
(2) Conforming amendment.--Subparagraph (D) of section
51(d)(1) is amended to read as follows:
``(D) a designated community resident,''.
(e) Clarification of Treatment of Individuals Under Individual Work
Plans.--Subparagraph (B) of section 51(d)(6) of such Code (relating to
vocational rehabilitation referral) is amended by striking ``or'' at
the end of clause (i), by striking the period at the end of clause (ii)
and inserting ``, or'', and by adding at the end the following new
clause:
``(iii) an individual work plan developed
and implemented by an employment network
pursuant to subsection (g) of section 1148 of
the Social Security Act with respect to which
the requirements of such subsection are met.''
(f) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2003.
SEC. 3. CONSOLIDATION OF WORK OPPORTUNITY CREDIT WITH WELFARE-TO-WORK
CREDIT.
(a) In General.--Paragraph (1) of section 51(d) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subparagraph (G), by striking the period at the end of subparagraph (H)
and inserting ``, or'', and by adding at the end the following new
subparagraph:
``(I) a long-term family assistance recipient.''
(b) Long-Term Family Assistance Recipient.--Subsection (d) of
section 51 of such Code is amended by redesignating paragraphs (10)
through (12) as paragraphs (11) through (13), respectively, and by
inserting after paragraph (9) the following new paragraph:
``(10) Long-term family assistance recipient.--The term
`long-term family assistance recipient' means any individual
who is certified by the designated local agency--
``(A) as being a member of a family receiving
assistance under a IV-A program (as defined in
paragraph (2)(B)) for at least the 18-month period
ending on the hiring date,
``(B)(i) as being a member of a family receiving
such assistance for 18 months beginning after August 5,
1997, and
``(ii) as having a hiring date which is not more
than 2 years after the end of the earliest such 18-
month period, or
``(C)(i) as being a member of a family which ceased
to be eligible for such assistance by reason of any
limitation imposed by Federal or State law on the
maximum period such assistance is payable to a family,
and
``(ii) as having a hiring date which is not more
than 2 years after the date of such cessation.''
(c) Increased Credit for Employment of Long-Term Family Assistance
Recipients.--Section 51 of such Code is amended by inserting after
subsection (d) the following new subsection:
``(e) Credit for Second-Year Wages for Employment of Long-Term
Family Assistance Recipients.--
``(1) In general.--With respect to the employment of a
long-term family assistance recipient--
``(A) the amount of the work opportunity credit
determined under this section for the taxable year
shall include 50 percent of the qualified second-year
wages for such year, and
``(B) in lieu of applying subsection (b)(3), the
amount of the qualified first-year wages, and the
amount of qualified second-year wages, which may be
taken into account with respect to such a recipient
shall not exceed $10,000 per year.
``(2) Qualified second-year wages.--For purposes of this
subsection, the term `qualified second-year wages' means
qualified wages--
``(A) which are paid to a long-term family
assistance recipient, and
``(B) which are attributable to service rendered
during the 1-year period beginning on the day after the
last day of the 1-year period with respect to such
recipient determined under subsection (b)(2).
``(3) Special rules for agricultural and railway labor.--If
such recipient is an employee to whom subparagraph (A) or (B)
of subsection (h)(1) applies, rules similar to the rules of
such subparagraphs shall apply except that--
``(A) such subparagraph (A) shall be applied by
substituting `$10,000' for `$6,000', and
``(B) such subparagraph (B) shall be applied by
substituting `$833.33' for `$500'.''.
(d) Repeal of Separate Welfare-to-Work Credit.--
(1) In general.--Section 51A of such Code is hereby
repealed.
(2) Clerical amendment.--The table of sections for subpart
F of part IV of subchapter A of chapter 1 of such Code is
amended by striking the item relating to section 51A.
(e) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2003. | Encouraging Work Act of 2003 - Amends the Internal Revenue Code to make the work opportunity credit permanent.Modifies such credit by: (1) repealing the requirement that a "qualified ex-felon" be a member of a low-income (as specified) family; (2) increasing the maximum age for eligibility of food stamp recipients to 40 years; (3) redefining the term "vocational rehabilitation referral"; (4) adding "long-term family assistance recipients" (as defined) to the definition of "targeted groups"; and (5) increasing the maximum allowable credit for employment of long-term family assistance recipients.Repeals the separate welfare-to-work credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify the work opportunity credit and the welfare-to-work credit."} | 1,619 | 150 | 0.516421 | 1.32491 | 0.678724 | 2.725926 | 10.807407 | 0.755556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``George Wray Memorial Act of 2001''.
SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON
DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES.
(a) Disability Insurance Benefits.--Section 223(a) of the Social
Security Act (42 U.S.C. 423(a)) is amended by adding at the end the
following new paragraph:
``(3) The Commissioner of Social Security may waive the application
of the individual's waiting period under clause (i) in the first
sentence of paragraph (1) if the Commissioner determines that such
individual would otherwise be entitled to disability insurance benefits
under this section, that such individual is terminally ill, and that
the application of the waiting period would work an undue hardship on
such individual (as determined on the basis of criteria established by
the Commissioner). In the case of any such waiver granted by the
Commissioner with respect to an individual, notwithstanding clauses (i)
and (ii) in the first sentence of paragraph (1), the individual shall
be entitled to disability insurance benefits for each month, beginning
with the first month during all of which such individual is under a
disability and in which such individual would become so entitled to
such insurance benefits under such sentence but for such waiting
period, and ending as provided in paragraph (1). For purposes of this
paragraph, an individual is considered to be `terminally ill' if the
individual has a medical prognosis that the individual's life
expectancy is 6 months or less.''.
(b) Widow's Insurance Benefits Based on Disability.--Section
202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the
end the following new subparagraph:
``(C) The Commissioner of Social Security may waive the application
of the individual's waiting period under paragraph (1)(F)(i) if the
Commissioner determines that she would otherwise be entitled to widow's
insurance benefits under this section, that she is terminally ill, and
that such application of the waiting period would work an undue
hardship on her (as determined on the basis of criteria established by
the Commissioner). In the case of any such waiver granted by the
Commissioner with respect to an individual, notwithstanding clauses (i)
and (ii) of paragraph (1)(F), she shall be entitled to widow's
insurance benefits for each month, beginning with the first month
during all of which she is under a disability and in which she would
become so entitled to such insurance benefits under paragraph (1) but
for such waiting period, and ending as provided in paragraph (1). For
purposes of this subparagraph, an individual is considered to be
`terminally ill' if the individual has a medical prognosis that the
individual's life expectancy is 6 months or less.''.
(c) Widower's Insurance Benefits Based on Disability.--Section
202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended by adding at the
end the following new subparagraph:
``(C) The Commissioner of Social Security may waive the application
of the individual's waiting period under paragraph (1)(F)(i) if the
Commissioner determines that he would otherwise be entitled to
widower's insurance benefits under this section, that he is terminally
ill, and that such application would work an undue hardship on him (as
determined on the basis of criteria established by the Commissioner).
In the case of any such waiver granted by the Commissioner with respect
to an individual, notwithstanding clauses (i) and (ii) of paragraph
(1)(F), he shall be entitled to widower's insurance benefits for each
month, beginning with the first month during all of which he is under a
disability and in which he would become so entitled to such insurance
benefits under paragraph (1) but for such waiting period, and ending as
provided in paragraph (1). For purposes of this subparagraph, an
individual is considered to be `terminally ill' if the individual has a
medical prognosis that the individual's life expectancy is 6 months or
less.''.
(d) Commencement of Period of Disability.--Section 216(i)(2)(A) of
such Act (42 U.S.C. 416(i)(2)(A)) is amended--
(1) by inserting ``(i)'' after ``(2)(A)'';
(2) by inserting ``(I)'' after ``but only if'';
(3) by inserting ``(II)'' after ``duration or''; and
(4) by adding at the end the following new clause:
``(ii) The Commissioner of Social Security may waive the
application of the five-month requirement under clause (i)(I) if the
Commissioner determines that such individual would otherwise be
entitled to a period of disability under this paragraph, that such
individual is terminally ill, and that the application of such five-
month requirement would work an undue hardship on such individual (as
determined on the basis of criteria established by the Commissioner).
For purposes of this clause, an individual is considered to be
`terminally ill' if the individual has a medical prognosis that the
individual's life expectancy is 6 months or less.''.
SEC. 3. EFFECTIVE DATES.
The amendments made by subsection (a) of section 2 of this Act
shall apply only with respect to benefits under section 223 of the
Social Security Act, or under section 202 of such Act on the basis of
the wages and self-employment income of an individual entitled to
benefits under such section 223, for months beginning after 90 days
after the date of the enactment of this Act. The amendments made by
subsections (b) and (c) of section 2 of this Act shall apply only with
respect to benefits based on disability under subsection (e) or (f) of
section 202 of the Social Security Act for months after 90 days after
the date of the enactment of this Act. The amendments made by
subsection (d) of section 2 of this Act shall apply only with respect
to applications for disability determinations filed under title II of
the Social Security Act after 90 days after the date of the enactment
of this Act. | George Wray Memorial Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to authorize waivers by the Commissioner of Social Security of the five month waiting period for entitlement to benefits based on disability in cases in which the Commissioner determines that such waiting period would cause undue hardship to terminally ill beneficiaries. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to authorize waivers by the Commissioner of Social Security of the 5-month waiting period for entitlement to benefits based on disability in cases in which the Commissioner determines that such waiting period would cause undue hardship to terminally ill beneficiaries."} | 1,436 | 87 | 0.583845 | 1.606324 | 1.311969 | 2.927536 | 18.405797 | 0.869565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mercury-Free Vaccines Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) In July 1999, the Public Health Service and the
American Academy of Pediatrics issued a joint statement, which
was later endorsed by the American Academy of Family
Physicians, proclaiming: ``[The] Public Health Service, the
American Academy of Pediatrics, and vaccine manufacturers agree
that thimerosal-containing vaccines should be removed as soon
as possible. Similar conclusions were reached this year in a
meeting attended by European regulatory agencies, the European
vaccine manufacturers, and the US FDA which examined the use of
thimerosal-containing vaccines produced or sold in European
countries.''.
(2) In July 2000, the Public Health Service, the Advisory
Commission on Immunization Practices, the American Academy of
Pediatrics, and the American Academy of Family Physicians
issued a joint statement, providing: ``The AAFP, [the] AAP, and
the PHS in consultation with the ACIP reaffirm the goal set in
July 1999 to remove or greatly reduce thimerosal from vaccines
as soon as possible for the following reasons: 1) the removal
or substantial reduction of thimerosal from vaccines is
feasible, 2) the progress in removal which has been made to
date is substantial, 3) the discussions between the Food and
Drug Administration and the vaccine manufacturers in removing
thimerosal are ongoing, and 4) the public concern about the use
of mercury of any sort remains high. Based on information from
the FDA and manufacturers, the PHS projects that the United
States will complete its transition to a secure routine
pediatric vaccine supply free of thimerosal as a preservative
(i.e. at least two vaccine products each for Hep B, Hib, and
DTaP) by the first quarter of 2001.''.
(3) The Institute of Medicine's Immunization Review
Committee concluded that significant reasons existed for
continued public health attention to concerns about thimerosal
exposure and neurodevelopmental disorders and recommended the
removal of thimerosal from vaccines administered to children
and pregnant women.
(4) Federal regulatory agencies and manufacturers have
taken positive steps to remove thimerosal from some medical
products, most notably routinely administered childhood
vaccines.
(5) Considerable progress has been made in reducing mercury
exposures from childhood vaccines, yet 5 years after the July
1999 statement, thimerosal remains in several nonroutinely
administered childhood vaccines and many pediatric and adult
influenza vaccines.
(6) There is no law or regulation to prohibit the
reintroduction of thimerosal into any products from which it
has been removed, leaving open the possibility that it may be
reintroduced at some point in the future in new vaccines or
vaccines from which it has already been removed.
(7) The Environmental Protection Agency has estimated that
as many as 1 in 6 infants are born with a blood mercury level
that exceeds the Agency's safety threshold.
(8) Cumulative exposures to mercury, a neurotoxin, are
known to cause harm, particularly in young children and
pregnant women.
(9) Taking steps to reduce mercury exposures through
vaccines is an important way to reduce direct exposures to
mercury and mercury compounds.
SEC. 3. BANNED MERCURY-CONTAINING VACCINES.
(a) Prohibition.--Section 501 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 351) is amended by adding at the end the
following:
``(j) If it is a banned mercury-containing vaccine under section
351B of the Public Health Service Act.''.
(b) Amendment to PHSA.--Title III of the Public Health Service Act
(42 U.S.C. 241 et seq.) is amended by inserting after section 351A the
following:
``SEC. 351B. BANNED MERCURY-CONTAINING VACCINES.
``(a) In General.--For purposes of section 501(j) of the Federal
Food, Drug, and Cosmetic Act, and subject to subsection (b), a vaccine
is a banned mercury-containing vaccine under this section if 1 dose of
the vaccine contains 1 or more micrograms of mercury in any form.
``(b) Public Health Emergency Exception.--
``(1) Exception.--Subsection (j) of section 501 of the
Federal Food, Drug, and Cosmetic Act shall not apply to a
vaccine during the effective period of a declaration issued by
the Secretary for such vaccine under this subsection.
``(2) Declaration.--The Secretary may issue a declaration
concluding that an actual or potential bioterrorist incident or
other actual or potential public health emergency makes
advisable the administration of a vaccine described in
subsection (a) notwithstanding the mercury content of such
vaccine.
``(3) Limitation.--The Secretary--
``(A) shall specify in any declaration under this
section the beginning and ending dates of the effective
period of the declaration; and
``(B) may not specify any such effective period
that exceeds 12 months.
``(4) Renewals.--At the end of the effective period of any
declaration under this section, the Secretary, subject to
paragraph (3), may issue another declaration for the same
incident or public health emergency.
``(5) Publication.--The Secretary shall promptly publish
each declaration under this section in the Federal Register.
``(c) Effective Dates.--This section applies only to the
introduction, or delivery for introduction, of a banned mercury-
containing vaccine into interstate commerce on or after the earlier of
the following:
``(1) July 1, 2006, if the vaccine is listed in the
January-June 2005 version of the recommended childhood and
adolescent immunization schedule of the Centers for Disease
Control and Prevention (other than an influenza vaccine).
``(2) January 1, 2009.''.
SEC. 4. RESTRICTIONS ON ADMINISTRATION OF MERCURY-CONTAINING INFLUENZA
VACCINES TO CHILDREN AND PREGNANT WOMEN.
(a) Application.--This section applies only to a vaccine that--
(1) is a banned mercury-containing vaccine (as that term is
defined in section 351B(a) of the Public Health Service Act (as
amended by section 3));
(2) is an influenza vaccine; and
(3) is manufactured for use in the 2006-2007 influenza
season or any subsequent period.
(b) Restrictions on Administration of Vaccine to Children.--Any
approval by the Secretary of Health and Human Services of a biologics
license under section 351 of the Public Health Service Act (42 U.S.C.
262) for any vaccine described in subsection (a) shall provide that
such vaccine is being approved as a biological product subject to
subpart H of part 314 of title 21, Code of Federal Regulations (or any
successor regulations). Under such subpart H, the Secretary shall
establish the following restrictions on the distribution of the
vaccine:
(1) Effective July 1, 2006, the vaccine shall not be
administered to any child under the age of 3 years old.
(2) Effective July 1, 2006, if the vaccine contains
thimerosal, the vaccine shall not be administered to any
pregnant woman.
(3) Effective July 1, 2007, the vaccine shall not be
administered to any child under the age of 6 years old.
(c) Transitional Provision.--In the case of a biologics license
under section 351 of the Public Health Service Act (42 U.S.C. 262) that
was approved before the date of the enactment of this Act for a vaccine
described in subsection (a)--
(1) at the request of the holder of the license, the
Secretary shall modify the license to include the restrictions
described in subsection (b); or
(2) if the holder of the license fails to submit such a
request, the Secretary shall revoke the license as applied to
vaccines manufactured for use in the 2006-2007 influenza season
or any subsequent period.
(d) Public Health Emergency Exception.--This section shall not
apply to a vaccine during the effective period of a declaration issued
by the Secretary for such vaccine under section 351B(b) of the Public
Health Service Act (as amended by section 3).
SEC. 5. INFORMATION ON MERCURY CONTENT.
Section 2126 of the Public Health Service Act (42 U.S.C. 300aa-26)
is amended by adding at the end the following:
``(e) Mercury Content.--Not later than 2 months after the date of
the enactment of this subsection, the Secretary shall revise the
vaccine information materials developed and disseminated under this
section to ensure that, in the case of any vaccine described in
subsection (a) that contains mercury, the materials include--
``(1) a statement indicating the presence of mercury in the
vaccine;
``(2) information on the availability of any mercury-free
or mercury-reduced alternative vaccine and instructions on how
to obtain such alternative vaccine; and
``(3) a recommendation against administration of any
mercury-containing vaccine to a pregnant woman.''.
SEC. 6. SENSE OF CONGRESS.
It is the sense of the Congress that the Director of the Centers
for Disease Control and Prevention should include, in any information
disseminated by the Centers to the public or to health care providers
relating to the administration of vaccines, a recommendation against
administration of any thimerosal-containing vaccine to a pregnant
woman.
SEC. 7. REPORT TO CONGRESS.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter, the Commissioner of Food and Drugs shall
submit a report to the Congress annually on the progress of the
Commissioner in removing mercury from vaccines. | Mercury-Free Vaccines Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to deem a banned mercury-containing vaccine to be adulterated. Amends the Public Health Service Act to provide that a vaccine is a banned mercury-containing vaccine if one dose of the vaccine contains 1 or more micrograms of mercury in any form.
Authorizes the Secretary of Health and Human Services to declare that an actual or potential bioterrorist incident or other public health emergency makes the administration of such vaccines advisable for a specified period.
Requires the Secretary to prohibit the distribution of banned mercury-containing influenza vaccines that are approved as biological products to: (1) any child under the age of three years old (effective July 1, 2006); (2) pregnant women if the vaccine contains thimerosal (effective July 1, 2006); and (3) any child under the age of six (effective July 1, 2007).
Requires the Secretary to revise the vaccine information included with mercury-containing vaccines to include: (1) a statement that indicates the presence of mercury in the vaccine; (2) information on the availability of any mercury-free or mercury-reduced alternative vaccine and instructions on how to obtain such an alternative vaccine; and (3) a recommendation against administration of any mercury-containing vaccine to a pregnant woman.
Expresses the sense of Congress that the Centers for Disease Control and Prevention (CDC) should disseminate, with any vaccine-related information, a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to reduce human exposure to mercury through vaccines."} | 2,183 | 340 | 0.459738 | 1.392106 | 0.610105 | 5.036304 | 6.475248 | 0.937294 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ticket Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Sponsors and promoters of major music, sporting, and
theatrical events are increasingly seeking to control the
resale of tickets to such events in the secondary market, by
employing restrictive State laws, imposing and enforcing
onerous contractual or license terms, and imposing
technological barriers on ticket resale.
(2) Such restrictions and downstream controls substantially
impede interstate commerce in event tickets, drive up ticket
prices, reduce availability of tickets to interested
purchasers, narrow the choices available to the public, and are
unfair to consumers.
(3) Eliminating such restrictions and applying free market
principles to the secondary market in event tickets would
encourage a robust competitive marketplace in such tickets,
would promote the healthy growth of electronic commerce in such
tickets in online marketplaces, and would be in the best
interests of ticket purchasers, fans, and the general public.
(4) Purchasers of event tickets, whether in the primary or
secondary ticket markets, are entitled to minimum consumer
protection standards, including provisions for full refunds of
ticket purchases in appropriate circumstances.
(5) In order to achieve a nationwide free market in resale
of event tickets, Congress must act to preempt State or local
laws that unjustifiably restrict such resales, while preserving
State and local authority to legislate or regulate to prevent
fraud, maintain public order, or vindicate other legitimate
State and local interests.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Event.--The term ``event'' means any concert,
theatrical performance, sporting event, exhibition, show, or
similar scheduled activity, taking place in a venue with a
seating or attendance capacity exceeding 1,000 persons--
(A) that is open to the general public;
(B) for which an admission fee is charged; and
(C) that is promoted, advertised, or marketed in
interstate commerce or for which event tickets are
generally sold in interstate commerce.
(3) Event ticket.--The term ``event ticket'' means any
physical, electronic, or other form of a certificate, document,
voucher, token, or other evidence indicating that the bearer,
possessor, or person entitled to possession through purchase or
otherwise has--
(A) a revocable or irrevocable right, privilege, or
license to enter an event venue or occupy a particular
seat or area in an event venue with respect to one or
more events; or
(B) an entitlement to purchase such a right,
privilege, or license with respect to one or more
future events.
(4) Person.--The term ``person'' means any natural person,
partnership, corporation, association, or other legal entity,
including any person acting under color or authority of State
law.
(5) Resale.--The term ``resale'' includes any form of
transfer, or offering to transfer, of possession or entitlement
to possession of an event ticket from one person to another,
with or without consideration, whether in person or by means of
telephone, mail, delivery service, facsimile, Internet, email,
or other electronic means. The term ``resale'' does not include
the initial sale of an event ticket by the ticket issuer.
(6) State.--The term ``State'' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, or any other territory or possession of the United
States.
(7) Ticket issuer.--The term ``ticket issuer'' means any
person that first makes event tickets available, directly or
indirectly, to the general public, and may include--
(A) the operator of a venue;
(B) the sponsor or promoter of an event;
(C) a sports team participating in an event or a
league whose teams are participating in an event;
(D) a theater company, musical group or similar
participant in an event; or
(E) an agent of any such person.
(8) Venue.--The term ``venue'' means the theater, stadium,
field, hall, or other facility where an event takes place.
SEC. 4. PROHIBITION.
(a) Unlawful Conduct.--Except as otherwise provided in this Act, it
shall be unlawful for any ticket issuer to prohibit or restrict the
resale or offering for resale of an event ticket by a lawful possessor
thereof.
(b) Activities Described.--Activities prohibited to ticket issuers
by this Act include--
(1) purporting to impose license or contractual terms on
the initial sale of event tickets (including terms printed on
the back of a physical ticket) that prohibit resale of the
ticket, or restrict the price or other terms and conditions
under which a ticket may be resold;
(2) requiring the purchaser of a ticket, whether for a
single event or for a series or season of events, to agree not
to resell the ticket, or to resell the ticket only through a
specific channel approved by the ticket issuer;
(3) bringing legal action, based on an unlawful prohibition
or restriction on resale of an event ticket, against--
(A) a purchaser who resells or offers to resell an
event ticket without permission of the ticket issuer,
or in violation of a restriction purportedly imposed by
the ticket issuer;
(B) persons who facilitate or provide services for
the resale of event tickets without such permission or
in alleged violation of such a restriction; or
(C) the operator of a physical or electronic
marketplace in which a ticket is offered for resale
without such permission or in alleged violation of such
a restriction;
(4) imposing any penalty on a ticket purchaser who resells
or offers to resell an event ticket without permission or in
violation of a restriction purportedly imposed by the ticket
issuer, or treating such a purchaser in any material way less
favorably than a similarly situated purchaser who does not
resell or offer to resell an event ticket, or who complies with
resale restrictions purportedly imposed by the ticket issuer;
(5) employing technological means, including any means of
promoting, carrying out, documenting or verifying sales of
event tickets, or of controlling entry to venues by lawful
possessors of event tickets, that have the effect of
prohibiting or restricting the ability of purchasers to resell
such tickets; or
(6) seeking to limit or restrict the price, or to impose a
minimum or maximum price, at which an event ticket may be
resold.
SEC. 5. CONSUMER PROTECTION MINIMUM STANDARDS.
(a) Unlawful Conduct.--It shall be unlawful for any person to
engage in the primary or resale market for event ticket sales in any
manner specified in subsection (b) without complying with the consumer
protection minimum standards specified in this section with regard to
event ticket sales.
(b) Application.--This section applies to all persons engaged in
the trade or business of--
(1) acting as a ticket issuer;
(2) engaging in the resale of event tickets, except in the
case of an individual engaged in resales of no more than 25
tickets in any one year; or
(3) providing a physical or electronic marketplace for the
sale or resale of event tickets by other persons.
(c) Compliance.--A person subject to this section may comply with
its provisions by conducting its sales or resales of event tickets in a
physical or electronic marketplace that provides the consumer
protection minimum standards specified in this section.
(d) General Requirements.--All persons subject to this section
shall--
(1) maintain a toll-free telephone number for complaints
and inquiries regarding its activities in the sale or resale of
event tickets; and
(2) implement and reasonably publicize a standard refund
policy that meets the minimum standards stated in subsection
(d).
(e) Requirements of Refund Policy.--The standard refund policy
described in subsection (c)--
(1) shall provide a consumer who purchases an event ticket
from the person a full refund if--
(A) the event is canceled before the scheduled
occurrence of the event, and is not rescheduled;
(B) the event ticket sold by the person and
received by the purchaser is counterfeit;
(C) the event ticket has been canceled by the
ticket issuer for nonpayment by the original purchaser,
or for any reason other than an act or omission of the
consumer;
(D) the event ticket materially and to the
detriment of the consumer fails to conform to the
description provided by the seller; or
(E) the event ticket was not delivered to the
consumer prior to the occurrence of the event, unless
such failure of delivery was due to any act or omission
of the consumer;
(2) shall include in a full refund the full price paid by
the consumer for the event ticket, together with any fees
charged in connection with that purchase, including convenience
fees, processing fees, at-home printing charges, shipping and
handling charges, or delivery fees; and
(3) may condition entitlement to a refund upon timely
return of the ticket purchased, and may include reasonable
safeguards against abuse of the policy.
(f) Requirements as Minimum Requirements.--Nothing in this section
shall be construed to prohibit any person subject to this section from
implementing consumer protection policies that exceed the minimum
standard set forth in this section, and that are otherwise compliant
with this Act.
SEC. 6. ENFORCEMENT.
(a) Unfair and Deceptive Act or Practice.--Any violation of section
4 or 5 shall be treated as a violation of a rule under section 18 of
the Federal Trade Commission Act regarding unfair or deceptive acts or
practices.
(b) Enforcement by the Federal Trade Commission.--The Commission
shall enforce this Act in the same manner, by the same means, and with
the same jurisdiction, powers and duties, as though all applicable
provisions of the Federal Trade Commission Act were incorporated into
and made a part of this Act.
(c) Enforcement by States.--
(1) Civil action.--In any case in which the attorney
general of a State, or an agency of a State responsible for
consumer protection, has reason to believe that an interest of
the residents of that State has been or is adversely affected
by any person who violates section 4 or 5 of this Act, the
attorney general or the State agency, as parens patriae, may
bring a civil action on behalf of the residents of the State in
a district court of the United States of appropriate
jurisdiction--
(A) to enjoin further violation of section 4 or 5
by the defendant; or
(B) to obtain damages on behalf of residents of the
State, in an amount equal to the greater of--
(i) the actual monetary loss suffered by
such residents; or
(ii) the amount determined under paragraph
(2).
(2) Statutory damages.--
(A) In general.--For purposes of paragraph
(1)(B)(ii), the amount determined under this paragraph
is the amount calculated by multiplying the number of
violations by up to $100, with each ticket subject to
an unlawful prohibition or restriction, or sold or
offered to be sold in violation of section 5, counted
as a separate violation.
(B) Limitation.--For any violation of section 4 or
5 with respect to any one event, the amount determined
under subparagraph (A) may not exceed $1,000,000.
(3) Attorney fees.--In the case of any successful action
under paragraph (1), the court, in its discretion, may award
the costs of the action and reasonable attorney fees to the
State.
(4) Rights of federal regulators.--The State shall serve
prior written notice of any action under paragraph (1) upon the
Federal Trade Commission and provide the Commission with a copy
of its complaint, except in any case in which such prior notice
is not feasible, in which case the State shall serve such
notice immediately upon instituting such action. The Federal
Trade Commission shall have the right--
(A) to intervene in the action;
(B) upon so intervening, to be heard on all matters
arising therein;
(C) to remove the action to the appropriate United
States district court; and
(D) to file petitions for appeal.
(5) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this Act shall be
construed to prevent an attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of that State to--
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the
production of documentary and other evidence.
(6) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in the district court of the United
States that meets applicable requirements relating to
venue under section 1391 of title 28, United States
Code.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) maintains a physical place of
business.
(7) Limitation on state action while federal action is
pending.--If the Commission has instituted a civil action or an
administrative action for violation of this Act, no State
attorney general, or official or agency of a State, may bring
an action under this subsection during the pendency of that
action against any defendant named in the complaint of the
Commission for any violation of this Act alleged in the
complaint.
SEC. 7. EFFECT ON STATE LAW.
(a) Preemption in General.--Except as otherwise provided in this
section, this Act preempts and supersedes any inconsistent statute,
regulation, or rule of a State or political subdivision of a State that
purports to permit any action prohibited by this Act, but only to the
extent of such inconsistency.
(b) Preemption of Antiscalping Laws.--This Act preempts and
supersedes any statute, regulation, or rule of a State or political
subdivision of a State that limits the price at which an event ticket
may be resold.
(c) Savings.--Nothing in this Act shall be construed to preempt the
applicability of the law of a State or political subdivision of a State
that--
(1) regulates or prohibits the sale or resale of event
tickets--
(A) based on proximity of the location of sale to
the location of a venue; or
(B) in a manner that constitutes disorderly conduct
or breach of the peace;
(2) empowers the operator of a venue or its agent to deny
admission to any person, or to eject any person from an event,
in order to preserve public safety or order, or to prevent or
restrict the admission of minors;
(3) prohibits fraud, deception, or similar practices in
connection with the sale or resale of tickets, or prohibits the
sale or resale of counterfeit tickets;
(4) treats a ticket as a license for any purpose other than
the prohibition or restriction of resale;
(5) regulates the initial sale of event tickets by limiting
the number of tickets that may be purchased from a ticket
issuer by a single person; or
(6) prohibits the intentional circumvention of
technological means employed by ticket issuers to enforce
limitations on the number of tickets that may be purchased by a
single person, or the sale or distribution of devices, computer
programs, or other tools for the purpose of such circumvention.
SEC. 8. EXCEPTIONS.
Nothing in this Act shall be interpreted to invalidate restrictions
on the resale of tickets imposed by--
(1) sponsors or promoters of events intended solely to
benefit charitable endeavors, for which all tickets are
distributed free of charge;
(2) not-for-profit educational institutions, with respect
to athletic events involving athletes or teams of such
institutions, to the extent that such restrictions apply to
tickets initially distributed by the institution to--
(A) students, faculty, staff members, or alumni
without charge; or
(B) members of bona fide booster organizations
consisting of those making substantial financial
contributions to the institution.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect 1 year after the date of enactment, and
shall apply to tickets for all events which occur on or after the
effective date. | Ticket Act - Makes it unlawful for any: (1) ticket issuer to prohibit or restrict the resale or offering for resale of an event ticket by a lawful possessor; and (2) person to engage in the primary or resale market for event ticket sales without complying with the consumer protection minimum standards specified in this Act.
Treats a violation of such prohibitions as an unfair or deceptive act or practice under the Federal Trade Commission Act.
Provides for state enforcement of such prohibitions. Prohibits state action during the pendency of an enforcement action by the Federal Trade Commission (FTC).
Exempts from such prohibitions resale restrictions imposed by: (1) sponsors or promoters of charitable events for which all tickets are distributed without charge; and (2) not-for-profit educational institutions for athletic events involving their athletes or teams with respect to tickets initially distributed to students, faculty, staff, or alumni without charge, or to members of bona fide booster organizations. | {"src": "billsum_train", "title": "To prohibit restrictions on the resale of event tickets sold in interstate commerce as an unfair or deceptive act or practice."} | 3,668 | 222 | 0.563083 | 1.638528 | 0.732473 | 4.737968 | 18.171123 | 0.962567 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Business Travel Facilitation Act of
2006''.
SEC. 2. BUSINESS FACILITATION VISITORS.
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184)
is amended by adding at the end the following:
``(s) Business Facilitation Visitors.--
``(1) In general.--For purposes of section 101(a)(15)(B),
the term `visiting the United States temporarily for business'
includes visiting the United States temporarily as a business
facilitation visitor, as defined in paragraph (2).
``(2) Definition of business facilitation visitor.--For
purposes of this subsection, a business facilitation visitor is
an alien who is visiting the United States temporarily to--
``(A) provide services pursuant to a qualifying
services contract, as defined in paragraph (7); or
``(B)(i) provide management or technical training
to; or
``(ii) receive management or technical training
from personnel of a United States entity.
``(3) Conditions.--
``(A) In general.--No alien may be admitted or
provided status as a business facilitation visitor
unless--
``(i) the alien is a national of a country
that the Secretary of Homeland Security has
certified as having entered into arrangements
with the United States to combat fraud in the
application for visas to the United States
through the use of measures such as machine
readable passports and biometric technology;
and
``(ii) the consular officer to whom the
alien applies for a visa under the provisions
of section 101(a)(15)(B) determines, based on
evidence provided by the alien, that the
conditions described in this paragraph have
been met.
``(B) Conditions with respect to provision of
services.--In the case of the provision of services as
described in paragraph (2)(A), the conditions described
in this paragraph are that--
``(i) all of the alien's remuneration and
expenses related to the provision of such
services will be paid by the alien's employer;
and
``(ii) the alien is qualified to provide
such services, as demonstrated by the alien's
possession of--
``(I) expert knowledge of the
entity's technology or operations on
the basis of technical training or
experience; and
``(II) all licenses or other
authorizations required to provide the
services in the United States.
``(C) Conditions with respect to provision or
receipt of management or technical training.--In the
case of the provision or receipt of management or
technical training as described in paragraph (2)(B),
the conditions described in this paragraph are that--
``(i) the alien is an employee of a firm,
corporation, or other legal entity that--
``(I) is affiliated through
ownership or control with the United
States entity whose personnel will be
providing or receiving the training;
``(II) has entered into a joint
venture or similar agreement with the
United States entity; or
``(III) has purchased, or is
considering purchasing, goods or
services from, or has sold goods or
services to, the United States entity,
and the training is related to such
purchase or sale;
``(ii) all of the alien's remuneration and
expenses related to the provision or receipt of
such training will be paid by the alien's
employer;
``(iii) in the case of an alien seeking to
provide management training, the alien has--
``(I) at least 5 years of
experience directly related to
management or management training; and
``(II) detailed knowledge of the
business operations of the alien's
employer; and
``(iv) in the case of an alien seeking to
receive management training, the alien holds,
or will hold within 1 year of completing the
training, a management level position within
the alien's employer.
``(4) Period of authorized admission.--
``(A) Business facilitation visitors providing
services.--The period of authorized admission for an
alien admitted as a business facilitation visitor
providing professional services as described in
paragraph (2)(A) shall not exceed 1 year. However, the
Secretary of Homeland Security may grant such alien a
single extension of not more than 6 months if the
Secretary determines, based on evidence provided by the
alien, that--
``(i) there has been an unforeseen delay in
completing the provision of services described
in the qualifying services contract; and
``(ii) replacing the alien with another
provider of professional services would further
delay or otherwise inhibit fulfillment of the
terms of the contract.
``(B) Business facilitation visitors providing or
receiving management or technical training.--The period
of authorized admission for an alien admitted as a
business facilitation visitor providing or receiving
management or technical training, as described in
paragraph (2)(B), may not exceed 1 year.
``(5) No change of status.--Notwithstanding any other
provision of this Act, an alien admitted as a business
facilitation visitor shall not be eligible for a change of
nonimmigrant status or for an adjustment from nonimmigrant to
immigrant status during the alien's stay in the United States.
``(6) Authorization to counter pattern of fraud.--If the
Secretary of Homeland Security finds that nationals of a
country have engaged in a pattern of fraud involving visa
applications or other immigration matters, the Secretary may
prohibit such nationals from admission to the United States as
business facilitation visitors for such period of time as the
Secretary determines to be appropriate.
``(7) Definition of qualifying services contract.--For
purposes of this subsection, a qualifying services contract is
a contract between a foreign provider of professional services
and a United States entity, the terms of which include--
``(A) the time period during which the alien will
be required to be present in the United States in order
to fulfill the terms of the contract;
``(B) the duties to be performed by the alien in
the United States;
``(C) provisions stating that--
``(i) the alien's remuneration and expenses
will be paid by the foreign provider;
``(ii) the United States entity will
provide the alien with working conditions
comparable to those of similarly situated
providers of professional services to the
entity and consistent with the applicable
requirements of the Fair Labor Standards Act
(29 U.S.C. 201 et seq.); and
``(iii) the alien possesses the credentials
necessary to provide the services covered by
the contract, including any licenses or other
authorizations required to provide the services
in the United States; and
``(D) a provision stating the respective
responsibilities of the foreign provider for ensuring
the alien's--
``(i) compliance with the terms of the
alien's admission to the United States; and
``(ii) return to the alien's home country
at the conclusion of the period for which the
alien is admitted.''. | Business Travel Facilitation Act of 2006 - Amends the Immigration and Nationality Act to include business facilitation visitors from a qualifying country as nonimmigrant aliens visiting the United States temporarily for business.
Defines "business facilitation visitor" as an alien visiting the United States temporarily to: (1) provide services pursuant to a qualifying services contract; or (2) provide management or technical training to, or receive management or technical training from personnel of a U.S. entity. Sets forth conditions with respect to: (1) provision of services; and (2) provision or receipt of management or technical training.
Provides a period of authorized admission of: (1) one year with a one-time six month extension for an alien providing services; and (2) one year for an alien providing or receiving management or technical training.
Prohibits such aliens from changing nonimmigrant status or adjusting to immigrant status.
Authorizes the Secretary of Homeland Security to prohibit business facilitation entries from a country whose nationals have engaged in a pattern of fraud involving visas or other immigration matters. | {"src": "billsum_train", "title": "To provide for the admission to the United States of nonimmigrant business facilitation visitors."} | 1,532 | 231 | 0.68124 | 2.066481 | 1.00918 | 3.08867 | 7.231527 | 0.881773 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Mississippi River National
Historic Site Study Act of 2008''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Lower Mississippi area located south of New
Orleans, Louisiana, which is known as ``Plaquemines Parish'',
has great historical significance;
(2) from the earliest Spanish explorers traveling along the
banks of the Lower Mississippi River in the 1500s, to Robert de
LaSalle claiming all of the land drained by the Lower
Mississippi River in 1682, to the petroleum, fisheries, and
transportation industries of today, the area is one of the most
unique areas in the continental United States;
(3) while, in 1699, the area became the site of the first
fortification on the Lower Mississippi River, known as ``Fort
Mississippi'', it has since been home to 10 different
fortifications, more than a dozen lighthouses, and several
wildlife refuges, quarantine stations, and pilot stations;
(4) of particular interest to the area are--
(A) Fort St. Philip, originally built in 1749, at
which, during the Battle of New Orleans, the British
navy was blocked from going up river and a victory for
the Colonial Army was ensured; and
(B) Fort Jackson, built across from Fort St. Philip
at the request of General Andrew Jackson and partially
constructed by famous local Civil War General P.G.T.
Beauregard, which was the site of the famous Civil War
battle known as the ``Battle of the Forts'', which is
also referred to as the ``night the war was lost'';
(5) the area is--
(A) at the end of the longest continuous river road
and levee system in the United States; and
(B) a part of the River Road highway system;
(6) lower Plaquemines Parish is split down the middle by
the Mississippi River, surrounded on 3 sides by the Gulf of
Mexico, and crossed by numerous bayous, canals, and ditches;
(7) Fort Jackson and Fort St. Philip are located on--
(A) an ancient Head of Passes site; and
(B) 1 of the most historic areas on the Lower
Mississippi River known as ``Plaquemines Bend'';
(8) the modern Head of Passes is only 21 miles south of
Fort Jackson and Fort St. Philip where the Mississippi River
splits into a bird foot delta to travel the last 20 miles to
the Gulf of Mexico;
(9) there are numerous geological features that are unique
to a large river mouth or delta that could make a national park
in the area a particularly intriguing attraction;
(10) the coastal erosion, subsidence, river hydraulics,
delta features, fresh, salt, and brackish water marshes, and
other unique features of the area could be an effective
classroom for the public on the challenges of protecting our
river and coastal zones;
(11) the area includes the beginning of the Mississippi
River flyway, which is--
(A) 1 of the most pristine eco-sites in the United
States; and
(B) the site of 2 national wildlife refuges and 1
state wildlife refuge;
(12) the area is culturally diverse in history, population,
industry, and politics;
(13) many well-known characters lived or performed deeds of
great notoriety in the area;
(14) in the area, Creoles, Europeans, Indians, Yugoslav,
African-Americans, and Vietnamese all worked together to weave
an interesting history of survival and success in a very
treacherous environment;
(15) the area has tremendous tourism potential,
particularly for historical tourism and eco-tourism, because of
the location, pristine ecosystems, and past indifference of the
local government to promote tourism in the area; and
(16) since Hurricane Katrina, the local government in the
area has--
(A) passed a resolution strongly supporting a
national park study; and
(B) shown an interest in developing tourism in the
area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Study area.--
(A) In general.--The term ``Study Area'' means the
Lower Mississippi River area in the State of Louisiana.
(B) Inclusions.--The term ``Study Area'' includes
Fort St. Philip and Fort Jackson, the Head of Passes,
and any related and supporting historical, natural,
cultural, and recreational resources located in
Plaquemines Parish, Louisiana.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 4. STUDY.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with the State of
Louisiana and interested groups and organizations, shall complete a
special resource study that--
(1) evaluates--
(A) the national significance of the Study Area;
and
(B) the suitability and feasibility of designating
the Study Area as a unit of the National Park System,
to be known as the ``Lower Mississippi River National
Park'';
(2) includes cost estimates for the acquisition,
development, operation, and maintenance of the Study Area; and
(3) identifies alternatives for management, administration,
and protection of the Study Area.
(b) Criteria.--In conducting the study under subsection (a), the
Secretary shall use the criteria for the study of areas for potential
inclusion in the National Park System under section 8(c) of Public Law
91-383 (16 U.S.C. 1a-5(c)).
SEC. 5. REPORT.
On completion of the study under section 4, the Secretary shall
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report that describes--
(1) the findings and conclusions of the study; and
(2) any recommendations of the Secretary.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Lower Mississippi River National Historic Site Act of 2008 - Directs the Secretary of the Interior, through the Director of the National Park Service (NPS), to complete a special resource study that evaluates the national significance of the Lower Mississippi River area in Louisiana and the suitability and feasibility of designating such area as a unit of the National Park System, which shall be known as the "Lower Mississippi River National Park." | {"src": "billsum_train", "title": "A bill to direct the Secretary of the Interior to study the suitability and feasibility of designating sites in the Lower Mississippi River Area in the State of Louisiana as a unit of the National Park System, and for other purposes."} | 1,341 | 89 | 0.48195 | 1.29912 | 0.358786 | 4.2125 | 15.8375 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Management Security Act of
2004''.
TITLE I--IMPROVED SECURITY FOR DRIVER LICENSES AND STATE IDENTITY
DOCUMENTS
SEC. 101. DEFINITIONS.
In this title, the following definitions apply:
(1) Driver's license.--The term ``driver's license'' means
a motor vehicle operator's license, as defined in section 30301
of title 49, United States Code.
(2) Identification card.--The term ``identification card''
means a personal identification card, as defined in section
1028(d) of title 18, United States Code, issued by a State.
(3) State.--The term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands,
the Trust Territory of the Pacific Islands, and any other
territory or possession of the United States.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 102. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR
FEDERAL RECOGNITION.
(a) Minimum Standards for Federal Use.--
(1) In general.--Beginning 3 years after the date of
enactment of this Act, a Federal agency may not accept, for any
official purpose, a driver's license or identification card
issued by a State to any person unless the State is meeting the
requirements of this section.
(2) State certifications.--The Secretary shall determine
whether a State is meeting the requirements of this section
based on certifications made by the State to the Secretary.
Such certifications shall be made at such times and in such
manner as the Secretary, with the concurrence of the Secretary
of Transportation, may prescribe by regulation.
(b) Minimum Document Requirements.--To meet the requirements of
this section, a State shall include, at a minimum, the following data
elements and features on each driver's license and identification card
issued to a person by the State:
(1) The person's full legal name.
(2) The person's date of birth.
(3) The person's gender.
(4) The person's driver license or identification card
number.
(5) A photograph of the person.
(6) The person's address of principal residence.
(7) The person's signature.
(8) Physical security features designed to prevent
tampering, counterfeiting, or duplication of the document for
fraudulent purposes.
(9) A common machine-readable technology, with defined
minimum data elements, that will facilitate the capture of
driver's license and identification card information by law
enforcement officers.
(c) Minimum Issuance Standards.--
(1) In general.--To meet the requirements of this section,
a State shall require, at a minimum, presentation and
verification of the following data elements before issuing a
driver's license or identification card to a person:
(A) A photo identity document, except that a
nonphoto identity document is acceptable if it includes
both the person's full legal name and date of birth.
(B) Documentation showing the person's date of
birth.
(C) Proof of the person's social security number or
verification that the person is not eligible for a
social security number.
(D) Documentation showing the person's name and
address of principal residence.
(2) Verification of documents.--To meet the requirements of
this section, a State shall implement the following procedures:
(A) Before issuing a driver's license or
identification card to a person, the State shall
verify, with the issuing agency, the issuance,
validity, and completeness of each document used to
provide information required to be presented by the
person under paragraph (1).
(B) The State shall not accept any foreign
document, other than an official passport, to satisfy a
requirement of paragraph (1).
(d) Other Requirements.--To meet the requirements of this section,
a State shall adopt the following practices in the issuance of driver
licenses and identification cards:
(1) Employ technology to capture digital images of identity
source documents so that the images can be retained in
electronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum
of 7 years or images of source documents presented for a
minimum of 10 years.
(3) Subject each person applying for a driver's license or
identification card to mandatory facial image capture.
(4) Establish an effective procedure to confirm or verify a
renewing applicant's information.
(5) Confirm with the Social Security Administration a
social security number presented by a person using the full
social security number. In the event that a social security
number is already registered to or associated with another
person to which any State has issued a driver's license or
identification card, the State shall resolve the discrepancy
and take appropriate action.
(6) Refuse to issue a driver's license or identification
card to a person holding a driver's license issued by another
State without confirmation from the other State that the person
is terminating or has terminated the driver's license.
(7) Ensure the physical security of locations where driver
licenses and identification cards are produced and the security
of document materials and papers from which driver licenses and
identification cards are produced.
(8) Subject all persons authorized to manufacture or
produce driver licenses and identification cards to appropriate
security clearance requirements.
(9) Establish fraudulent document recognition training
programs for appropriate employees engaged in the issuance of
driver licenses and identification cards.
SEC. 103. LINKING OF DATABASES.
(a) In General.--To be eligible to receive any grant or other
financial assistance made available under this Act, a State shall
participate in the interstate compact regarding sharing of driver
license data, known as the ``Driver License Agreement'', in order to
provide electronic access by a State to information contained in the
motor vehicle databases of all other States.
(b) Requirements for Information.--A State motor vehicle database
shall contain, at a minimum, the following information:
(1) All data fields printed on driver licenses and
identification cards issued by the State.
(2) Motor vehicle driver histories, including motor vehicle
violations, suspensions, and points on licenses.
SEC. 104. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE
IDENTIFICATION DOCUMENTS.
Section 1028(a)(8) of title 18, United States Code, is amended by
striking ``false authentication features'' and inserting ``false or
actual authentication features''.
SEC. 105. GRANTS TO STATES.
(a) In General.--The Secretary may make grants to a State to assist
the State in conforming to the minimum standards set forth in this
title.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this title.
SEC. 106. AUTHORITY.
(a) Participation of Secretary of Transportation and States.--All
authority to issue regulations, certify standards, and issue grants
under this title shall be carried out by the Secretary, with the
concurrence of the Secretary of Transportation and in consultation with
the States.
(b) Extensions of Deadlines.--The Secretary may grant an extension
to the deadline established by section 102(a)(1) with respect to the
driver licenses and identification cards issued by a State if the State
submits to the Secretary, in writing, an adequate justification, as
determined by the Secretary, for the extension.
TITLE II--IDENTITY SECURITY OF VITAL RECORDS
SEC. 201. DEFINITIONS.
In this title, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(2) Birth certificate.--The term ``birth certificate''
means a certificate of birth--
(A) for an individual (regardless of where born)--
(i) who is a citizen or national of the
United States at birth; and
(ii) whose birth is registered in the
United States; and
(B) that--
(i) is issued by a Federal, State, or local
government agency or authorized custodian of
record and produced from birth records
maintained by such agency or custodian of
record; or
(ii) is an authenticated copy, issued by a
Federal, State, or local government agency or
authorized custodian of record, of an original
certificate of birth issued by such agency or
custodian of record.
SEC. 202. GAO STUDY OF THE SECURITY OF BIRTH CERTIFICATES.
(a) Study.--The Comptroller General shall conduct a study of the
security of birth certificates and other birth documentation used by
States as proof of identity. Such study shall include--
(1) an assessment of the parties involved in the issuance
of birth certificates and other birth documentation within the
United States;
(2) an assessment of the physical security features of
domestic birth certificates and other domestic birth
documentation;
(3) an evaluation of fraudulent activity, both domestic and
foreign, of domestic birth certificates and other domestic
birth documentation used to acquire driver's licenses or State-
issued identification cards; and
(4) an evaluation of methods used by Federal agencies,
States and other parties involved in the issuance of domestic
birth certificates and other domestic birth documentation to
reduce fraudulent activity, both domestic and foreign.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to Congress a report
on the study conducted under subsection (a). The report shall include
recommendations regarding measures needed to improve both the physical
security of birth certificates and other birth documentation and the
process used by parties issuing such documents, including the
establishment of minimum standards if necessary, to reduce fraudulent
activity.
SEC. 203. ELIMINATING DUPLICATION OF VITAL RECORDS.
(a) Assistance in Matching Birth and Death Records.--
(1) Grants.--The Secretary, in coordination with other
appropriate Federal agencies, shall make grants to States to
assist them in--
(A) computerizing their birth and death records;
(B) developing the capability to match birth and
death records within each State and among the States;
and
(C) noting the fact of death on the birth
certificates of deceased persons.
(2) Allocation of grants.--The Secretary shall make grants
to States under this subsection based on the proportion that
the estimated annual average number of birth and death records
created by a State applying for a grant bears to the estimated
annual average number of birth and death records originated by
all States.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this section. | Identity Management Security Act of 2004 - Prohibits a Federal agency from accepting a State issued driver's license or identification card unless it includes certain data, including a photograph, a common machine-readable technology, and certain anti-fraud physical security features. Prescribes minimum license or identification card issuance standards and other specified practices States must meet.
Requires a State, to be eligible for a grant to assist it in conforming to such minimum standards, to participate in the interstate compact, "Driver License Agreement," in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States.
Requires the Comptroller General to study and report to Congress on the security of birth certificates and other birth documentation used by States as proof of identity, with recommendations on measures to improve the security of such documentation.
Authorizes the Secretary to make grants to States to assist them in eliminating the duplication of birth and death records. | {"src": "billsum_train", "title": "To provide improved security for driver licenses and State identity documents."} | 2,434 | 212 | 0.538747 | 1.503477 | 0.731993 | 3.721311 | 12.142077 | 0.923497 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fannie Mae and Freddie Mac
Accountability and Transparency for Taxpayers Act of 2010''.
SEC. 2. QUARTERLY REPORTS DURING CONSERVATORSHIP.
(a) Reporting Requirement.--For each reporting period, the covered
officer shall submit to the Congress a report for each enterprise that
summarizes the activities of the covered officer with respect to such
enterprise, and the activities and condition of such enterprise, during
such reporting period.
(b) Contents.--Each report required under this section for an
enterprise for a reporting period shall include the following
information:
(1) A description, including dollar amount, of total
liabilities of the enterprise as of the reporting date, with a
detailed breakdown of the potential level of risk to the
Federal Government inherent in the dollar amount of each
separate type of liability and a quantification as to how the
risk to the Federal Government has changed from the previous
reporting period, distinguishing between changes attributable
to volume and changes attributable to changes in risk levels.
(2) An explanation of, including rationale for, all
compensation and bonuses paid to any executive officer (as such
term is defined in section 1303 of the Housing and Community
Development Act of 1992 (12 U.S.C. 4502)) of the enterprise,
and any retention decisions made, by the enterprise during such
period regarding its executive officers.
(3) A description of foreclosure mitigation activities of
the enterprise during such period, including any related data,
a list of law firms and attorneys approved or retained by the
enterprise for handling foreclosure and bankruptcy matters
relating to mortgages held or securitized by the enterprise,
and the eligibility criteria used for such approval or
retention and reasons for limiting such list, and the number of
mortgage loans held by the enterprise that were refinanced in
2008 and 2009 through foreclosure mitigation activities of the
enterprise that have, during such period, entered into default.
(4) A description of any mortgage fraud prevention
activities undertaken by the enterprise during such period and
data describing the extent of mortgage fraud during such
period, including descriptions of the efforts of the enterprise
to prevent or detect mortgage fraud, of the pervasiveness of
mortgage fraud, and of the most prevalent types of mortgage
fraud detected.
(5) A listing with description of any formal or informal
communication between Governors and staff of the Board of
Governors of the Federal Reserve System and executives in the
enterprise and any formal or informal communication between
officials and staff of the Department of the Treasury and the
Governors and staff of the Board of Governors of the Federal
Reserve System and executives in the enterprise regarding the
purchase or sale of any enterprise-related securities.
(6) A description of any investments, holdings, and
activities of the enterprise during such period that are not
consistent with the mission of the enterprise as provided under
Federal law.
(7) A description of the reasons for any equity investments
in the enterprise by the Department of the Treasury during such
period and any increase during such period in the authorized
amount of equity investments by such Department.
(8) An analysis of the capital levels and portfolio size of
the enterprise during such period and their impacts on the
safety and soundness of the enterprise.
(9) A description and analysis of the underwriting
standards of the enterprise applicable during such period,
including the criteria for safety and soundness of mortgage
loans for single-family, multi-family, and condominium
residential homes securitized by the enterprise and the ability
of such criteria to ensure such safety and soundness.
(10) An analysis of actions taken by the enterprise that
had a beneficial or harmful effect on holders of enterprise-
related securities, in particular, preferred stock issued prior
to September 6, 2008.
(11) Any other information that the covered officer
considers relevant or important with respect to the enterprise,
and the activities and condition of the enterprise.
(c) Reporting Periods; Timing of Reports.--
(1) Initial period.--The first reporting period for each
enterprise shall be the period that began upon the commencement
of the conservatorship period for the enterprise and that ends
upon the date of the enactment of this Act. The reports
required under this section for such period shall be submitted
not later than the expiration of the 60-day period beginning on
the date of the enactment of this Act.
(2) Quarterly periods.--After the first reporting period,
the reporting periods for each enterprise shall be each
calendar quarter that concludes after the date of the enactment
of this Act. Each report for each such reporting period shall
be submitted not later than the expiration of the 60-day period
beginning upon the conclusion of such reporting period.
(3) Receivership.--Notwithstanding paragraph (2), if at any
time a receiver is appointed for an enterprise pursuant to
section 1367 of the Housing and Community Development Act of
1992 (12 U.S.C. 4617), the reporting periods for the enterprise
during such receivership shall be each calendar month (or such
shorter period as the covered officer considers appropriate).
Each report for each such reporting period shall be submitted
not later than the expiration of the 30-day period beginning
upon the conclusion of such reporting period.
(4) Nationalization.--Notwithstanding paragraph (2), if at
any time the Federal Government or any agency or entity of the
Federal Government obtains control of an enterprise under law
or through ownership of voting stock of the enterprise, or the
covered officer determines that the enterprise has otherwise
been nationalized, the reporting periods for the enterprise
after such nationalization occurs shall be the consecutive 6-
month periods (the first such period beginning upon such
nationalization (or such shorter period as the covered officer
considers appropriate). Each report for each such reporting
period shall be submitted not later than the expiration of the
60-day period beginning upon the conclusion of such reporting
period.
(d) Public Availability.--The covered officer shall--
(1) make information regarding the activities of the
covered officer, including each report submitted to the
Congress pursuant to this section, available to the public,
including through a World Wide Web site of the Federal Housing
Finance Agency; and
(2) establish an electronic mail address and a toll-free
telephone number, and shall publicize the availability of such
address and number, by which the public may report waste,
fraud, or abuse by an enterprise.
(e) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Conservatorship period.--The term ``conservatorship
period'' means, with respect to an enterprise, the period
that--
(A) began upon appointment of the Federal Housing
Finance agency as conservator for the enterprise on
September 6, 2008, pursuant to section 1367 of the
Housing and Community Development Act of 1992 (12
U.S.C. 4617); and
(B) ends upon the termination of such
conservatorship of the enterprise.
(2) Covered officer.--The term ``covered officer'' means--
(A) the Inspector General of the Federal Housing
Finance Agency, if one has been appointed pursuant to
section 1317(d) of the Housing and Community
Development Act of 1992 (12 U.S.C. 4517);
(B) if the officer referred to in subparagraph (A)
has not been appointed, any interim inspector general
for the Federal Housing Finance Agency appointed
pursuant to any provision of law providing for such
office; or
(C) if the officer referred to in subparagraph (A)
has not been appointed and an officer referred to in
subparagraph (B) has not been appointed, the Associate
Director for Internal Audit of the Federal Housing
Finance Agency.
(3) Enterprise.--The term ``enterprise'' means the Federal
National Mortgage Association and the Federal Home Loan
Mortgage Corporation.
(4) Reporting period.--The term ``reporting period'' means
a period described in paragraph (1), (2), (3), or (4) of
subsection (c). | Fannie Mae and Freddie Mac Accountability and Transparency for Taxpayers Act of 2010 - Directs the Inspector General (IG) of the Federal Housing Finance Agency to submit quarterly reports to Congress on the IG's activities with respect to the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) and their activities and condition while they are in conservatorship status. | {"src": "billsum_train", "title": "To require the Inspector General of the Federal Housing Finance Agency to submit quarterly reports to the Congress during the conservatorship of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation."} | 1,676 | 90 | 0.452641 | 1.335058 | 0.768616 | 3.041096 | 22.479452 | 0.90411 |
AND MEDIATION PROGRAM AUTHORIZED.
(a) In General.--The Secretary of Education is authorized to make
grants to local elementary schools to provide assistance to schools
most directly affected by conflict and violence.
(b) Model Project.--The Secretary shall develop a written model for
conflict resolution and mediation written within 90 days and make such
model available to any local elementary school that requests such
information.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $25,000,000 for fiscal year 1994 and such sums as may be
necessary for each of the fiscal years 1995 through 1999 to carry out
the projects under this Act.
SEC. 4. USE OF FUNDS.
Grants made by the Secretary under this Act shall be used to
develop programs for conflict resolution and mediation for students,
teachers, and other personnel in regular contact with students at
school.
SEC. 5. ELIGIBLE APPLICANTS.
(a) In General.--In order to be eligible to receive a grant under
this Act for any fiscal year, a local elementary school shall submit an
application to the Secretary in such form and containing such
information as the Secretary may reasonably require.
(b) Requirements.--Each application under subsection (a) shall
include--
(1) a request for funds for the purposes described in
section 2(b);
(2) information of the school and communities to be served
by the grant, including the nature of the conflict and violence
problems within and around the school;
(3) statistical information in such form and containing
such information that the Secretary may require regarding
conflict and violence within the elementary school and
surrounding communities; and
(4) assurances that Federal funds received under this Act
shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for activities funded under
this Act.
(c) Comprehensive Plan.--Each application shall include a
comprehensive plan that shall contain--
(1) a description of the conflict and violence problems
within the elementary school and surrounding community targeted
for assistance;
(2) a description of the resources available in the
community to help implement the plan together with a
description of the areas in the plan that cannot be filled with
existing resources; and
(3) a description of the system the applicant will
establish to prevent and reduce ongoing conflict and violence
problems.
SEC. 6. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.
(a) Administrative Cost Limitation.--The Secretary shall use not
more than 5 percent of the funds available under this Act for the
purposes of administration and technical assistance.
(b) Renewal of Grants.--A grant under this Act may be renewed for
not more than 2 additional years after the first fiscal year during
which the recipient receives an initial grant under this Act, subject
to the availability of funds, if--
(1) the Secretary determines that the funds made available
to the recipient during the previous year were used in a manner
required under the approved application; and
(2) the Secretary determines that an additional grant is
necessary to implement the violence prevention program
described in the comprehensive plan as required by section
5(c).
SEC. 7. AWARD OF GRANTS.
(a) Selection of Recipients.--The Secretary shall consider the
following factors in awarding grants to local elementary schools:
(1) Conflict and violence problem.--The nature and scope of
the violence problem in the targeted schools.
(2) Need and ability.--Demonstrated need and evidence of
the ability to provide the services described in the plan
required under section 5(c).
(3) Population.--The number of students to be served by the
plan required under section 5(c).
(b) Geographic Distribution.--The Secretary shall attempt, to the
extent practicable, to achieve an equitable geographic distribution of
grant awards.
SEC. 8. REPORTS.
(a) Reports.--Local elementary schools that receive funds under
this Act shall submit to the Secretary a detailed report not later than
March 1 of each year that describes progress achieved in carrying out
the plan required under section 5(c).
(b) Report to Congress.--The Secretary shall submit to the Congress
a report by October 1 of each year in which grants are made available
under this Act which shall contain a detailed statement regarding grant
awards, activities of grant recipients, a compilation of statistical
information submitted by applicants under section 5(b)(3), and an
evaluation of programs established under this Act.
SEC. 9. DEFINITIONS.
For the purpose of this Act:
(1) The term ``local educational agency'' has the same
meaning given such term under section 1471(12) of the
Elementary and Secondary Education Act of 1965.
(2) The term ``Secretary'' means the Secretary of
Education. | Conflict Resolution and Mediation Act of 1993 - Directs the Secretary of Education to make conflict resolution and mediation program grants to assist local elementary schools most directly affected by conflict and violence. Directs the Secretary to develop a written model for conflict resolution and mediation.
Authorizes appropriations.
Sets requirements for fund use, applicant eligibility and planning, fund allocation and limitation, awards, and reports. | {"src": "billsum_train", "title": "Conflict Resolution and Mediation Act of 1993"} | 1,011 | 83 | 0.627753 | 1.627148 | 1.225398 | 2.626667 | 12.813333 | 0.813333 |
SECTION 1. SHORT TITLE; REFERENCE
(a) Short Title.--This Act may be cited as the ``Black Lung
Benefits Restoration Act of 1994''.
(b) Reference.--Whenever in this Act (other than section 9(a)(1))
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 Black Lung
Benefits Act.
SEC. 2. BENEFIT OVERPAYMENT.
Part C is amended by adding at the end the following:
``Sec. 436 (a) The repayment of benefits paid on a claim filed
under this part before the final adjudication of the claim shall not be
required if the claim was finally denied, unless fraud or deception was
used to procure the payment of such benefits.
``(b) The trust fund shall refund any payments made to it as a
reimbursement of benefits paid on a claim filed under this part before
the final adjudication of the claim, unless fraud or deception was used
to procure the payment of such benefits.
``(c) The trust fund shall reimburse an operator for any benefits
paid on a claim filed under this part before the final adjudication of
the claim if the claim was finally denied.
``(d) If on a claim for benefits filed under this part--
``(1) the Secretary makes an initial determination--
``(A) of eligibility, or
``(B) that particular medical benefits are payable,
or
``(2) an award of benefits is made,
the operator found to be the responsible operator under section 422(h)
shall, within 30 days of the date of such determination or award,
commence the payment of monthly benefits accruing thereafter and of
medical benefits that have been found payable. If an operator fails to
timely make any payment required by an initial determination or by an
award, such determination or award shall be considered final as of the
date of its issuance.''.
SEC. 3. EVIDENCE.
Section 422 (30 U.S.C. 932) is amended by adding at the end the
following:
``(m)(1)(A) During the course of all proceedings on a claim for
benefits under this part, the results of not more than 3 medical
examinations offered by the claimant may be received as evidence to
support eligibility for benefits.
``(B) During the course of all proceedings on a claim for benefits
under this part, the responsible operator and the trust fund--
``(i) may each require, at no expense to the claimant, not
more than one medical examination of the miner, and
``(ii) may not each offer as evidence the results of more
than one medical examination of the miner.
``(C) An administrative law judge may require the miner to submit
to a medical examination by a physician assigned by the District
Director if the administrative law judge determines that, at any time,
there is good cause for requiring such examination. For purposes of
this subparagraph, good cause shall exist only when the administrative
law judge is unable to determine from existing evidence whether the
claimant is entitled to benefits.
``(D) The complete pulmonary evaluation provided each miner under
section 413(b) and any consultive evaluation developed by the District
Director shall be received into evidence notwithstanding subparagraph
(A) or (B).
``(E) Any record of--
``(i) hospitalization for a pulmonary or related disease,
``(ii) medical treatment for a pulmonary or related
disease, and
``(iii) a biopsy or an autopsy,
may be received into evidence notwithstanding subparagraph (A) or (B).
``(2) In addition to the medical examinations authorized by
paragraph (1), each party may submit one interpretive medical opinion
(whether presented as documentary evidence or in oral testimony)
reviewing each clinical study or physical examination (including a
consultive reading of a chest roentgenogram, an evaluation of a blood
gas study, and an evaluation of a pulmonary function study) derived
from any medical examination or contained in a record referred to in
paragraph (1)(E).
``(3) A request for modification of a denied claim under section 22
of the Longshore and Harbor Workers' Compensation Act, as made
applicable to this Act by subsection (a) of this section, shall be
considered as if it were a new claim for the purpose of applying the
limitations prescribed by paragraphs (1) and (2).
``(4) The opinion of a miner's treating physician, if offered in
accordance with paragraph (1)(A), shall be given substantial weight
over the opinion of other physicians in determining the claimant's
eligibility for benefits if the treating physician is board-certified
in a specialty relevant to the diagnosis of total disability or death
due to pneumoconiosis.
``(5) For purposes of this subsection, a medical examination
consists of a physical examination and all appropriate clinical studies
(not including a biopsy or an autopsy) related to the diagnosis of
total disability or death due to pneumoconiosis.''.
SEC. 4. SURVIVOR BENEFITS.
(a) Death.--Section 422 (30 U.S.C. 932), as amended by section 3,
is amended by adding at the end the following:
``(n) If an eligible survivor files a claim for benefits under this
part and if the miner--
``(1) was receiving benefits for pneumoconiosis pursuant to
a final adjudication under this part, or
``(2) was totally disabled by pneumoconiosis at the time of
the miner's death,
the miner's death shall be considered to have occurred as a result of
the pneumoconiosis.''.
(b) Rules for Widows and Widowers.--Section 422 (30 U.S.C. 932), as
amended by subsection (a), is amended by adding at the end the
following:
``(o)(1) A widow or widower of a miner who was married to the miner
for less than 9 months at any time preceding the miner's death is not
qualified to receive survivor benefits under this part unless the widow
or widower was the natural or adoptive parent of the miner's child.
``(2) The widow or widower of a miner is disqualified to receive
survivor benefits under this part if the widow or widower remarries
before attaining the age of 50.
``(3) A widow or widower may not receive an augmentation in
survivor benefits on any basis arising out of a remarriage of the widow
or widower.''.
SEC. 5. RESPONSIBLE OPERATOR.
Section 422(h) (30 U.S.C. 932(h)) is amended by inserting ``(1)''
after ``(h)'' and by adding at the end the following:
``(2)(A) Prior to issuing an initial determination of eligibility,
the Secretary shall, after investigation, notice, and a hearing as
provided in section 19 of the Longshore and Harbor Workers'
Compensation Act, as made applicable to this Act by subsection (a) of
this section, determine whether any operator meets the Secretary's
criteria for liability as a responsible operator under this Act. If a
hearing is timely requested on the liability issue, the decision of the
administrative law judge conducting the hearing shall be issued not
later than 120 days after such request and shall not be subject to
further appellate review.
``(B) If the administrative law judge determines that an operator's
request for a hearing on the liability issue was made without
reasonable grounds, the administrative law judge may assess the
operator for the costs of the proceeding (not to exceed $750).''.
SEC. 6. ATTORNEY FEES.
Section 422 (30 U.S.C. 932), as amended by section 4(b), is amended
by adding at the end the following:
``(p)(1) If in any administrative or judicial proceeding on a claim
for benefits a determination is made that a claimant is entitled to
such benefits, the claimant shall be entitled to receive all reasonable
costs and expenses (including expert witness and attorney's fees)
incurred by the claimant in such proceeding and in any other
administrative or judicial proceeding on such claim occurring before
such proceeding.
``(2) In the case of a proceeding held with respect to such claim--
``(A) the person or Board which made the determination that
the claimant is entitled to benefits in an administrative
proceeding and any other person or Board which made a prior
determination in an administrative proceeding on such claim, or
``(B) the court in the case of a judicial proceeding,
shall determine the amount of all costs and expenses (including expert
witness and attorney's fees) incurred by the claimant in connection
with any such proceeding and shall assess the operator responsible to
the claimant for such costs and expenses which are reasonable or if
there is not an operator responsible to the claimant, shall assess the
fund for such costs and expenses.
``(3) The determination of such costs and expenses shall be made
within 60 days of the date the claimant submits a petition for the
payment of such costs and expenses to a person, the Board, or court
which made a determination on the claimant's claim. The person, Board,
or court receiving such petition shall take such action as may be
necessary to assure that such costs and expenses are paid within 45
days of the date of the determination of such costs and expenses unless
a motion to reconsider--
``(A) the amount of such costs and expenses, or
``(B) the person liable for the payment of such amount,
is pending.
``(4) If an operator pays costs and expenses assessed under
paragraph (1) and if the claimant for whom such costs and expenses were
paid is determined in a later proceeding not to be eligible for
benefits under this part, the fund shall pay the operator the amount
paid for such costs and expenses.
``(5) Section 28(e) of the Longshore and Harbor Workers'
Compensation Act shall apply with respect to any person who receives
costs and expenses which are paid under this subsection on account of
services rendered a claimant.''.
SEC. 7. ADMINISTRATION.
(a) Appeals to the Benefits Review Board.--No appeal of an order in
a proceeding under the Black Lung Benefits Act may be made by a
claimant or respondent to the Benefits Review Board unless such order
has been made by an administrative law judge.
(b) Acquiescence.--The Secretary of Labor may not delegate to the
Benefits Review Board the authority to refuse to acquiesce in a
decision of a Federal court.
SEC. 8. REFILING.
Any claim filed under the Black Lung Benefits Act after January 1,
1982, but before the effective date of this Act prescribed by section
11(a), may be refiled under such Act after such effective date for a de
novo review on the merits.
SEC. 9. DEFINITIONS.
(a) Coke Ovens.--
(1) Federal mine safety and health act of 1977.--Section 3
of the Federal Mine Safety and Health Act of 1977 (30 U.S.C.
802) is amended--
(A) in paragraph (d), by inserting before the
semicolon the following: ``or who operates a coke oven
or any machine shop or other operation reasonably
related to the coke oven'',
(B) in paragraph (g), by inserting before the
semicolon the following: ``or working at a coke oven or
in any other operation reasonably related to the
operation of a coke oven'', and
(C) in paragraph (h)(2), by inserting before the
semicolon the following: ``and includes a coke oven and
any operation, structure, or area of land reasonably
related to the operation of a coke oven''.
(2) Black lung benefits act.--The first sentence of section
402(d) (30 U.S.C. 902(d)) is amended by inserting before the
period the following: ``or who works or has worked at a coke
oven or in any other operation reasonably related to the
operation of a coke oven''.
(b) Pneumoconiosis.--Section 402(b) (30 U.S.C. 902(b)) is amended--
(1) by adding after ``sequelae'' the following: ``which
disease or sequelae is restrictive or obstructive or both'',
and
(2) by striking out ``coal mine'' and inserting in lieu
thereof ``coal mine or coke oven''.
SEC. 10. CONSTRUCTION.
If in any legal proceeding a term in any amendment made by this Act
is considered to be ambiguous, the legislative history accompanying
this Act shall be considered controlling.
SEC. 11. EFFECTIVE DATES
(a) General Rule.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect October 1, 1994.
(b) Section 6.--The amendment made by section 6 shall apply only
with respect to claims which are filed for the first time after October
1, 1994, and shall not apply with respect to any claim which is filed
before such date and which is refiled under section 8 of this Act after
such date. | Black Lung Benefits Restoration Act of 1994 - Amends the Black Lung Benefits Act (the Act) to provide that, when black lung benefits are paid after an initial determination of eligibility, repayment of an overpayment will not be required even upon a final determination of ineligibility, if there was no fraud or deception by the claimant. Provides for refunds to claimants of any such repayments required before this Act. Provides for reimbursement by the Black Lung Disability Trust Fund to operators who made such benefit overpayments.
(Sec. 3) Revises evidence requirements. Prohibits the responsible operator or the Trust Fund from requiring more than one medical examination to controvert medical evidence presented by a claimant on the basis of a medical examination. Prohibits any claimant from offering more than three medical examinations; but authorizes the administrative law judge to require the claimant to submit to an additional medical examination.
(Sec. 4) Revises requirements for survivor benefits. Provides that a miner's death shall be considered to have occurred as a result of the pneumoconiosis if the miner was receiving benefits for, or was disabled by, pneumoconiosis at the time of death. Qualifies to receive survivor benefits any widow or widower of a miner who was married to the miner for at least nine months preceding the miner's death, or who had children as a result of such a marriage. Provides that widows or widowers of miners are not disqualified to receive survivor benefits if they remarry after attaining age 50, but prohibits them from receiving an augmentation in survivor benefits on any basis arising out of a subsequent marriage.
(Sec. 5) Provides for notice and an opportunity for a hearing to appeal to the Secretary any designation of liability as the responsible operator. Authorizes assessment of proceeding costs against any operator who does not have reasonable grounds to contest the designation.
(Sec. 6) Requires that all reasonable legal costs and expenses incurred by the claimant be paid by the responsible operator, or the Trust Fund, after an administrative or judicial determination that the claimant is entitled to black lung benefits. Requires the Secretary or court to take action to assure that they are paid within 45 days after such determination.
Requires the Trust Fund to pay any operator the legal costs the operator paid to a claimant determined in a later proceeding to be ineligible for benefits.
(Sec. 7) Prohibits a claimant or respondent from appealing to the Benefits Review Board any order unless it has been made by an administrative law judge.
(Sec. 8) Allows any claim filed under the Act after January 1, 1982, but before enactment of this Act, to be refiled after enactment of this Act for a de novo review on the merits.
(Sec. 9) Provides for coverage of coke oven operators (or operators of machine shops or other operations reasonably related to coke ovens) under the Act and the Federal Mine Safety and Health Act.
(Sec. 10) Requires that the legislative history accompanying this Act be considered controlling if a term in any amendment made by this Act is considered ambiguous in any legal proceeding.
(Sec. 11) Makes attorney fees provisions of this Act applicable only to new claims filed after October 1, 1994. | {"src": "billsum_train", "title": "Black Lung Benefits Restoration Act of 1994"} | 3,007 | 775 | 0.60051 | 2.064678 | 0.599603 | 2.851852 | 4.402576 | 0.877617 |
SECTION 1. SHORT TITLE; CONSTITUTIONAL AUTHORITY.
(a) Short Title.--This Act may be cited as the ``Health Care Access
and Availability Act of 2000''.
(b) Constitutional Authority To Enact This Legislation.--The
constitutional authority upon which this Act rests is the power of
Congress to regulate commerce with foreign nations and among the
several States, set forth in article I, section 8 of the United States
Constitution.
SEC. 2. EXPANSION OF ACCESS AND CHOICE THROUGH INDIVIDUAL MEMBERSHIP
ASSOCIATIONS (IMAS).
The Public Health Service Act is amended by adding at the end the
following new title:
``TITLE XXVIII--INDIVIDUAL MEMBERSHIP ASSOCIATIONS
``SEC. 2801. DEFINITION OF INDIVIDUAL MEMBERSHIP ASSOCIATION (IMA).
``(a) In General.--For purposes of this title, the terms
`individual membership association' and `IMA' mean a legal entity that
meets the following requirements:
``(1) Organization.--The IMA is an organization operated
under the direction of an association (as defined in section
2804(1)).
``(2) Offering health benefits coverage.--
``(A) Different groups.--The IMA, in conjunction
with those health insurance issuers that offer health
benefits coverage through the IMA, makes available
health benefits coverage in the manner described in
subsection (b) to all members of the IMA and the
dependents of such members in the manner described in
subsection (c)(2) at rates that are established by the
health insurance issuer on a policy or product specific
basis and that may vary only as permissible under State
law.
``(B) Nondiscrimination in coverage offered.--
``(i) In general.--Subject to clause (ii),
the IMA may not offer health benefits coverage
to a member of an IMA unless the same coverage
is offered to all such members of the IMA.
``(ii) Construction.--Nothing in this title
shall be construed as requiring or permitting a
health insurance issuer to provide coverage
outside the service area of the issuer, as
approved under State law, or preventing a
health insurance issuer from excluding or
limiting the coverage on any individual,
subject to the requirement of section 2741.
``(C) No financial underwriting.--The IMA provides
health benefits coverage only through contracts with
health insurance issuers and does not assume insurance
risk with respect to such coverage.
``(3) Geographic areas.--Nothing in this title shall be
construed as preventing the establishment and operation of more
than one IMA in a geographic area or as limiting the number of
IMAs that may operate in any area.
``(4) Provision of administrative services to purchasers.--
``(A) In general.--The IMA may provide
administrative services for members. Such services may
include accounting, billing, and enrollment
information.
``(B) Construction.--Nothing in this subsection
shall be construed as preventing an IMA from serving as
an administrative service organization to any entity.
``(5) Filing information.--The IMA files with the Secretary
information that demonstrates the IMA's compliance with the
applicable requirements of this title.
``(b) Health Benefits Coverage Requirements.--
``(1) Compliance with consumer protection requirements.--
Any health benefits coverage offered through an IMA shall--
``(A) be underwritten by a health insurance issuer
that--
``(i) is licensed (or otherwise regulated)
under State law,
``(ii) meets all applicable State standards
relating to consumer protection, subject to
section 2802(2), and
``(iii) offers the coverage under a
contract with the IMA; and
``(B) subject to paragraph (2) and section 2902(2),
be approved or otherwise permitted to be offered under
State law.
``(2) Examples of types of coverage.--The benefits coverage
made available through an IMA may include, but is not limited
to, any of the following if it meets the other applicable
requirements of this title:
``(A) Coverage through a health maintenance
organization.
``(B) Coverage in connection with a preferred
provider organization.
``(C) Coverage in connection with a licensed
provider-sponsored organization.
``(D) Indemnity coverage through an insurance
company.
``(E) Coverage offered in connection with a
contribution into a medical savings account or flexible
spending account.
``(F) Coverage that includes a point-of-service
option.
``(G) Any combination of such types of coverage.
``(3) Health insurance coverage options.--An IMA shall
include a minimum of 2 health insurance coverage options. At
least 1 option shall meet all applicable State benefit
mandates.
``(4) Wellness bonuses for health promotion.--Nothing in
this title shall be construed as precluding a health insurance
issuer offering health benefits coverage through an IMA from
establishing premium discounts or rebates for members or from
modifying otherwise applicable copayments or deductibles in
return for adherence to programs of health promotion and
disease prevention so long as such programs are agreed to in
advance by the IMA and comply with all other provisions of this
title and do not discriminate among similarly situated members.
``(c) Members; Health Insurance Issuers.--
``(1) Members.--
``(A) In general.--Under rules established to carry
out this title, with respect to an individual who is a
member of an IMA, the individual may apply for health
benefits coverage (including coverage for dependents of
such individual) offered by a health insurance issuer
through the IMA.
``(B) Rules for enrollment.--Nothing in this
paragraph shall preclude an IMA from establishing rules
of enrollment and reenrollment of members. Such rules
shall be applied consistently to all members within the
IMA and shall not be based in any manner on health
status-related factors.
``(2) Health insurance issuers.--The contract between an
IMA and a health insurance issuer shall provide, with respect
to a member enrolled with health benefits coverage offered by
the issuer through the IMA, for the payment of the premiums
collected by the issuer.
``SEC. 2802. APPLICATION OF CERTAIN LAWS AND REQUIREMENTS.
``State laws insofar as they relate to any of the following are
superseded and shall not apply to health benefits coverage made
available through an IMA:
``(1) Benefit requirements for health benefits coverage
offered through an IMA, including (but not limited to)
requirements relating to coverage of specific providers,
specific services or conditions, or the amount, duration, or
scope of benefits, but not including requirements to the extent
required to implement title XXVII or other Federal law and to
the extent the requirement prohibits an exclusion of a specific
disease from such coverage.
``(2) Any other requirements (including limitations on
compensation arrangements) that, directly or indirectly,
preclude (or have the effect of precluding) the offering of
such coverage through an IMA, if the IMA meets the requirements
of this title.
Any State law or regulation relating to the composition or organization
of an IMA is preempted to the extent the law or regulation is
inconsistent with the provisions of this title.
``SEC. 2803. ADMINISTRATION.
``(a) In General.--The Secretary shall administer this title and is
authorized to issue such regulations as may be required to carry out
this title. Such regulations shall be subject to Congressional review
under the provisions of chapter 8 of title 5, United States Code. The
Secretary shall incorporate the process of `deemed file and use' with
respect to the information filed under section 2801(a)(5)(A) and shall
determine whether information filed by an IMA demonstrates compliance
with the applicable requirements of this title. The Secretary shall
exercise authority under this title in a manner that fosters and
promotes the development of IMAs in order to improve access to health
care coverage and services.
``(b) Periodic Reports.--The Secretary shall submit to Congress a
report every 30 months, during the 10-year period beginning on the
effective date of the rules promulgated by the Secretary to carry out
this title, on the effectiveness of this title in promoting coverage of
uninsured individuals. The Secretary may provide for the production of
such reports through one or more contracts with appropriate private
entities.
``SEC. 2804. DEFINITIONS.
``For purposes of this title:
``(1) Association.--The term `association' means, with
respect to health insurance coverage offered in a State, an
association which--
``(A) has been actively in existence for at least 5
years;
``(B) has been formed and maintained in good faith
for purposes other than obtaining insurance;
``(C) does not condition membership in the
association on any health status-related factor
relating to an individual (including an employee of an
employer or a dependent of an employee); and
``(D) does not make health insurance coverage
offered through the association available other than in
connection with a member of the association.
``(2) Dependent.--The term `dependent', as applied to
health insurance coverage offered by a health insurance issuer
licensed (or otherwise regulated) in a State, shall have the
meaning applied to such term with respect to such coverage
under the laws of the State relating to such coverage and such
an issuer. Such term may include the spouse and children of the
individual involved.
``(3) Health benefits coverage.--The term `health benefits
coverage' has the meaning given the term health insurance
coverage in section 2791(b)(1).
``(4) Health insurance issuer.--The term `health insurance
issuer' has the meaning given such term in section 2791(b)(2).
``(5) Health status-related factor.--The term `health
status-related factor' has the meaning given such term in
section 2791(d)(9).
``(6) IMA; individual membership association.--The terms
`IMA' and `individual membership association' are defined in
section 2801(a).
``(7) Member.--The term `member' means, with respect to an
IMA, an individual who is a member of the association to which
the IMA is offering coverage.''. | Amends the Public Health Service Act to allow health benefits coverage through individual membership associations (IMAs). Sets forth IMA requirements, including that the IMA be an organization operated under the direction of an association and that IMA health benefits coverage only be provided through contracts with health insurance issuers. Requires IMAs to include a minimum of two health insurance coverage options. | {"src": "billsum_train", "title": "Health Care Access and Availability Act of 2000"} | 2,347 | 82 | 0.590475 | 1.397884 | 0.801203 | 3.119403 | 31.462687 | 0.910448 |
SECTION 1. ELECTION FOR SPECIAL TAX TREATMENT OF CERTAIN S CORPORATION
CONVERSIONS.
(a) In General.--Part I of subchapter S of chapter 1 of the
Internal Revenue Code of 1986 (relating to tax treatment of S
corporations and their shareholders) is amended by adding at the end
the following new section:
``SEC. 1364. ELECTION FOR SPECIAL TAX TREATMENT OF CERTAIN S
CORPORATION CONVERSIONS.
``(a) In General.--A qualified electing S corporation may elect the
special tax treatment provided in subsection (b) for an eligible
corporate conversion in the manner set forth in subsection (e).
``(b) Special Tax Treatment.--
``(1) Transfers to partnership.--In the case of transfers
by a qualified electing S corporation to a partnership in
connection with an eligible corporate conversion, no gain or
loss shall be recognized by shareholders of such corporation
with respect to money or property received by the partnership.
``(2) Other transfers.--All other distributions of money or
property by the qualified electing S corporation shall be
treated as a distribution in part or full payment in exchange
for the stock of such corporation.
``(c) Qualified Electing S Corporation.--For purposes of this
section, the term `qualified electing S corporation' means a domestic
corporation which--
``(1) has had a valid S election continuously in effect for
the 10 taxable years of the corporation ending before the
taxable year in which the election under this section is made,
and
``(2) has never made an election under this section.
``(d) Eligible Corporate Conversion.--For purposes of this
section--
``(1) In general.--The term `eligible corporate conversion'
means (however effected)--
``(A) a transfer by a qualified electing S
corporation of substantially all of its assets to a
partnership (as defined in section 7701(a)(2)) for not
less than 80 percent of the capital and profits of the
partnership in any taxable year of the corporation
ending on or before December 31, 2007,
``(B) the meeting of the requirement described in
paragraph (2) by the partnership, and
``(C) the subsequent liquidation and dissolution of
the qualified S corporation within the same taxable
year as the transfer.
``(2) Continuity of business requirement.--
``(A) In general.--The requirement described in
this paragraph is met if the partnership described in
paragraph (1)(A) either--
``(i) maintains the continuity of the
qualified electing S corporation's business for
5 consecutive taxable years following the year
in which the corporate conversion occurs, or
``(ii) pays a corporate conversion
recapture tax in the taxable year in which the
failure to maintain such continuity first
occurs.
``(B) Continuity of the qualified electing s
corporation's business.--For purposes of subparagraph
(A)(i), the term `continuity of the qualified electing
S corporation's business' means, under all the facts
and circumstances, either--
``(i) the continuation of 1 or more of the
S corporation's historic lines of business, or
``(ii) the use of a significant portion of
the S corporation's historic business assets,
whether or not such assets have a taxable
basis, in the conduct of an active trade or
business.
``(C) Corporate conversion recapture tax.--For
purposes of subparagraph (A)(ii), the term `corporate
conversion recapture tax' means--
``(i) a recomputation of the tax under this
subtitle of the partnership and the partners as
if--
``(I) the partnership were an S
corporation,
``(II) the stock of such S
corporation was owned in the same
manner as the capital of the
partnership, and
``(III) the S corporation were
dissolved and its assets distributed to
its shareholders in complete
liquidation on the last day of the
taxable year, multiplied by
``(ii) a fraction--
``(I) the numerator of which is the
excess (if any) of 5 over the number of
complete taxable years in which the
partnership maintains continuity of the
qualified electing S corporation's
business, and
``(II) the denominator of which
is 5.
``(d) Basis Rules.--In the case of an eligible corporate
conversion, property in the hands of the partnership shall have the
same basis as in the hands of the qualified electing S corporation
immediately prior to the eligible corporate conversion.
``(e) Method of Making Election.--In order to elect the special tax
treatment provided in subsection (b) for an eligible corporate
conversion, the qualified electing S corporation shall file a written
election claiming such treatment with the timely-filed information
return of the S corporation for the taxable year in which the eligible
corporate conversion occurs.''
(b) Clerical Amendment.--The table of sections for such part I is
amended by adding at the end the following new item:
``Sec. 1364. Election for special tax
treatment of certain S
corporation conversions.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Amends the Internal Revenue Code to authorize a qualified S corporation to make a one-time corporate conversion under special tax treatment which shall: (1) in the case of a transfer to partnership form result in no shareholder gain or loss recognition on transferred money or property; and (2) treat other money or property transfers as payment for such corporation's stock.Requires the partnership to maintain a five-year continuity of business in order to avoid a conversion recapture tax. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an election for a special tax treatment of certain S corporation conversions."} | 1,197 | 100 | 0.595169 | 1.523972 | 0.698517 | 1.758242 | 11.923077 | 0.835165 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``______ of 1993''.
SEC. 2. REDUCTION IN INDIVIDUAL CAPITAL GAINS RATE.
(a) General Rule.--Subsection (h) of section 1 of the Internal
Revenue Code of 1986 (relating to maximum capital gains rate) is
amended to read as follows:
``(h) Maximum Capital Gains Rate.--
``(1) In general.--If a taxpayer has a net capital gain for
any taxable year, then the tax imposed by this section shall
not exceed the sum of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
the taxable income reduced by the net capital gain,
plus
``(B) a tax equal to the sum of--
``(i) 7.5 percent of so much of the net
capital gain as does not exceed--
``(I) the maximum amount of taxable
income to which the 15-percent rate
applies under the table applicable to
the taxpayer, reduced by
``(II) the taxable income to which
subparagraph (A) applies, plus
``(ii) 15 percent of the net capital gain
in excess of the net capital gain to which
clause (i) applies.
``(2) Transitional rule.--In the case of a taxable year
which begins before January 1, 1993, and ends after December
31, 1992, the amount of the net capital gain for purposes of
paragraph (1) shall not exceed the net capital gain determined
by only taking into account gains and losses properly taken
into account for the portion of the taxable year after December
31, 1992.''
(b) Technical Amendments.--
(1) Paragraph (1) of section 170(e) of such Code is amended
by striking ``the amount of gain'' in the material following
subparagraph (B)(ii) and inserting ``\13/28\ (\19/34\ in the
case of a corporation) of the amount of gain''.
(2)(A) The second sentence of section 7518(g)(6)(A) of such
Code is amended by striking ``28 percent (34 percent in the
case of a corporation)'' and inserting ``15 percent''.
(B) The second sentence of section 607(h)(6)(A) of the
Merchant Marine Act, 1936, is amended by striking ``28 percent
(34 percent in the case of a corporation)'' and inserting ``15
percent''.
SEC. 3. REDUCTION IN CORPORATE CAPITAL GAINS RATE.
(a) General Rule.--Section 1201 of the Internal Revenue Code of
1986 (relating to alternative tax for corporations) is amended by
redesignating subsection (b) as subsection (c), and by striking
subsection (a) and inserting the following:
``(a) General Rule.--If for any taxable year a corporation has a
net capital gain, then, in lieu of the tax imposed by section 11, 511,
or 831(a) (whichever applies), there is hereby imposed a tax (if such
tax is less than the tax imposed by such section) which shall consist
of the sum of--
``(1) a tax computed on the taxable income reduced by the
net capital gain, at the same rates and in the same manner as
if this subsection had not been enacted, plus
``(2) a tax of 15 percent of the net capital gain.
``(b) Transitional Rule.--In the case of a taxable year which
begins before January 1, 1993, and ends after December 31, 1992, the
amount of the net capital gain for purposes of subsection (a) shall not
exceed the net capital gain determined by only taking into account
gains and losses properly taken into account for the portion of the
taxable year after December 31, 1992.''
(b) Technical Amendments.--
(1) Clause (iii) of section 852(b)(3)(D) of such Code is
amended by striking ``66 percent'' and inserting ``85
percent''.
(2) Paragraphs (1) and (2) of section 1445(e) of such Code
are each amended by striking ``34 percent'' and inserting ``15
percent''.
SEC. 4. REDUCTION OF MINIMUM TAX RATE ON CAPITAL GAINS.
Subparagraph (A) of section 55(b)(1) of the Internal Revenue Code
of 1986 (relating to tentative minimum tax) is amended to read as
follows:
``(A) the sum of--
``(i) 15 percent of the lesser of--
``(I) the net capital gain
(determined with the adjustments
provided in this part and (to the
extent applicable) the limitations of
sections 1(h)(2) and 1201(b)), or
``(II) so much of the alternative
minimum taxable income for the taxable
year as exceeds the exemption amount,
plus
``(ii) 20 percent (24 percent in the case
of a taxpayer other than a corporation) of the
amount (if any) by which the excess referred to
in clause (i)(II) exceeds the net capital gain
(as so determined), reduced by''.
SEC. 5. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR
LOSS.
(a) In General.--Part II of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to basic rules of general
application) is amended by inserting after section 1021 the following
new section:
``SEC. 1022. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING
GAIN OR LOSS.
``(a) General Rule.--
``(1) Indexed basis substituted for adjusted basis.--Except
as provided in paragraph (2), if an indexed asset which has
been held for more than 1 year is sold or otherwise disposed
of, for purposes of this title the indexed basis of the asset
shall be substituted for its adjusted basis.
``(2) Exception for depreciation, etc.--The deduction for
depreciation, depletion, and amortization shall be determined
without regard to the application of paragraph (1) to the
taxpayer or any other person.
``(b) Indexed Asset.--
``(1) In general.--For purposes of this section, the term
`indexed asset' means--
``(A) stock in a corporation, and
``(B) tangible property (or any interest therein),
which is a capital asset of property used in the trade
or business (as defined in section 1231(b)).
``(2) Certain property excluded.--For purposes of this
section, the term `indexed asset' does not include--
``(A) Creditor's interest.--Any interest in
property which is in the nature of a creditor's
interest.
``(B) Options.--Any option or other right to
acquire an interest in property.
``(C) Net lease property.--In the case of a lessor,
net lease property (within the meaning of subsection
(h)(1)).
``(D) Certain preferred stock.--Stock which is
fixed and preferred as to dividends and does not
participate in corporate growth to any significant
extent.
``(E) Stock in certain corporations.--Stock in--
``(i) an S corporation (within the meaning
of section 1361),
``(ii) a personal holding company (as
defined in section 542), and
``(iii) a foreign corporation.
``(3) Exception for stock in foreign corporation which is
regularly traded on national or regional exchange.--Clause
(iii) of paragraph (2)(E) shall not apply to stock in a foreign
corporation the stock of which is listed on the New York Stock
Exchange, the American Stock Exchange, or any domestic regional
exchange for which quotations are published on a regular basis
other than--
``(A) stock of a foreign investment company (within
the meaning of section 1246(b)), and
``(B) stock in a foreign corporation held by a
United States person who meets the requirements of
section 1248(a)(2).
``(c) Indexed Basis.--For purposes of this section--
``(1) Indexed basis.--The indexed basis for any asset is--
``(A) the adjusted basis of the asset, multiplied
by
``(B) the applicable inflation ratio.
``(2) Applicable inflation ratio.--The applicable inflation
ratio for any asset is the percentage arrived at by dividing--
``(A) the gross national product deflator for the
calendar quarter in which the disposition takes place,
by
``(B) the gross national product deflator for the
calendar quarter in which the asset was acquired by the
taxpayer (or, if later, the calendar quarter ending
December 31, 1992).
The applicable inflation ratio shall not be taken into account
unless it is greater than 1. The applicable inflation ratio for
any asset shall be rounded to the nearest one-tenth of 1
percent.
``(3) Gross national product deflator.--The gross national
product deflator for any calendar quarter is the implicit price
deflator for the gross national product for such quarter (as
shown in the first revision thereof).
``(4) Secretary to publish tables.--The Secretary shall
publish tables specifying the applicable inflation ratios for
each calendar quarter.
``(d) Special Rules.--For purposes of this section--
``(1) Treatment as separate asset.--In the case of any
asset, the following shall be treated as a separate asset:
``(A) a substantial improvement to property,
``(B) in the case of stock of a corporation, a
substantial contribution to capital, and
``(C) any other portion of an asset to the extent
that separate treatment of such portion is appropriate
to carry out the purposes of this section.
``(2) Assets which are not indexed assets throughout
holding period.--
``(A) In general.--The applicable inflation ratio
shall be appropriately reduced for calendar months at
any time during which the asset was not an indexed
asset.
``(B) Certain short sales.--For purposes of
applying subparagraph (A), an asset shall be treated as
not an indexed asset for any short sale period during
which the taxpayer or the taxpayer's spouse sells short
property substantially identical to the asset. For
purposes of the preceding sentence, the short sale
period begins on the day after the substantially
identical property is sold and ends on the closing date
for the sale.
``(3) Treatment of certain distributions.--A distribution
with respect to stock in a corporation which is not a dividend
shall be treated as a disposition.
``(4) Section cannot increase ordinary loss.--To the extent
that (but for this paragraph) this section would create or
increase a net ordinary loss to which section 1231(a)(2)
applies or an ordinary loss to which any other provision of
this title applies, such provision shall not apply. The
taxpayer shall be treated as having a long-term capital loss in
an amount equal to the amount of the ordinary loss to which the
preceding sentence applies.
``(5) Acquisition date where there has been prior
application of subsection (a)(1) with respect to the
taxpayer.--If there has been a prior application of subsection
(a)(1) to an asset while such asset was held by the taxpayer,
the date of acquisition of such asset by the taxpayer shall be
treated as not earlier than the date of the most recent such
prior application.
``(6) Collapsible corporations.--The application of section
341(a) (relating to collapsible corporations) shall be
determined without regard to this section.
``(e) Certain Conduit Entities.--
``(1) Regulated investment companies; real estate
investment trusts; common trust funds.--
``(A) In general.--Stock in a qualified investment
entity shall be an indexed asset for any calendar month
in the same ratio as the fair market value of the
assets held by such entity at the close of such month
which are indexed assets bears to the fair market value
of all assets of such entity at the close of such
month.
``(B) Ratio of 90 percent or more.--If the ratio
for any calendar month determined under subparagraph
(A) would (but for this subparagraph) be 90 percent or
more, such ratio for such month shall be 100 percent.
``(C) Ratio of 10 percent or less.--If the ratio
for any calendar month determined under subparagraph
(A) would (but for this subparagraph) be 10 percent or
less, such ratio for such month shall be zero.
``(D) Valuation of assets in case of real estate
investment trusts.--Nothing in this paragraph shall
require a real estate investment trust to value its
assets more frequently than once each 36 months (except
where such trust ceases to exist). The ratio under
subparagraph (A) for any calendar month for which there
is no valuation shall be the trustee's good faith
judgment as to such valuation.
``(E) Qualified investment entity.--For purposes of
this paragraph, the term `qualified investment entity'
means--
``(i) a regulated investment company
(within the meaning of section 851),
``(ii) a real estate investment trust
(within the meaning of section 856), and
``(iii) a common trust fund (within the
meaning of section 584).
``(2) Partnerships.--In the case of a partnership, the
adjustment made under subsection (a) at the partnership level
shall be passed through to the partners.
``(3) Subchapter s corporations.--In the case of an
electing small business corporation, the adjustment under
subsection (a) at the corporate level shall be passed through
to the shareholders.
``(f) Dispositions Between Related Persons.--
``(1) In general.--This section shall not apply to any sale
or other disposition of property between related persons except
to the extent that the basis of such property in the hands of
the transferee is a substituted basis.
``(2) Related persons defined.--For purposes of this
section, the term `related persons' means--
``(A) persons bearing a relationship set forth in
section 267(b), and
``(B) persons treated as single employer under
subsection (b) or (c) of section 414.
``(g) Transfers to Increase Indexing Adjustment or Depreciation
Allowance.--If any person transfers cash, debt, or any other property
to another person and the principal purpose of such transfer is--
``(1) to secure or increase an adjustment under subsection
(a), or
``(2) to increase (by reason of an adjustment under
subsection (a)) a deduction for depreciation, depletion, or
amortization,
the Secretary may disallow part or all of such adjustment or increase.
``(h) Definitions.--For purposes of this section--
``(1) Net lease property defined.--The term `net lease
property' means leased real property where--
``(A) the term of the lease (taking into account
options to renew) was 50 percent or more of the useful
life of the property, and
``(B) for the period of the lease, the sum of the
deductions with respect to such property which are
allowable to the lessor solely by reason of section 162
(other than rents and reimbursed amounts with respect
to such property) is 15 percent or less of the rental
income produced by such property.
``(2) Stock includes interest in common trust fund.--The
term `stock in a corporation' includes any interest in a common
trust fund (as defined in section 584(a)).
``(i) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''
(b) Clerical Amendment.--The table of sections for part II of
subchapter O of such chapter 1 of such Code is amended by inserting
after the item relating to section 1021 the following new item:
``Sec. 1022. Indexing of certain assets
for purposes of determining
gain or loss.''
(c) Adjustment to Apply for Purposes of Determining Earnings and
Profits.--Subsection (f) of section 312 of such Code (relating to
effect on earnings and profits of gain or loss and of receipt of tax-
free distributions) is amended by adding at the end thereof the
following new paragraph:
``(3) Effect on earnings and profits of indexed basis.--
``For substitution of indexed basis for
adjusted basis in the case of the disposition of certain assets after
December 31, 1992, see section 1022(a)(1).''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to sales and exchanges
occurring after December 31, 1992, in taxable years ending after such
date.
HR 777 IH----2 | Amends the Internal Revenue Code to reduce the individual and corporate capital gains rate from 28 percent and 34 percent to 15 percent. Reduces the minimum tax rate accordingly. Reduces such tax to 7.5 percent for low- and middle-income taxpayers.
Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for a maximum long-term capital gains rate of 15 percent and indexing the basis of certain capital assets."} | 3,829 | 130 | 0.472763 | 1.204711 | 0.58988 | 2.280702 | 30.649123 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wall Street Trading and Speculators
Tax Act''.
SEC. 2. TRANSACTION TAX.
(a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is
amended by inserting after subchapter B the following new subchapter:
``Subchapter C--Tax on Trading Transactions
``Sec. 4475. Tax on trading transactions.
``SEC. 4475. TAX ON TRADING TRANSACTIONS.
``(a) Imposition of Tax.--There is hereby imposed a tax on each
covered transaction with respect to any security.
``(b) Rate of Tax.--The tax imposed under subsection (a) with
respect to any covered transaction shall be 0.03 percent of the
specified base amount with respect to such covered transaction.
``(c) Specified Base Amount.--For purposes of this section, the
term `specified base amount' means--
``(1) except as provided in paragraph (2), the fair market
value of the security (determined as of the time of the covered
transaction), and
``(2) in the case of any payment described in subsection
(h), the amount of such payment.
``(d) Covered Transaction.--For purposes of this section, the term
`covered transaction' means--
``(1) except as provided in paragraph (2), any purchase
if--
``(A) such purchase occurs or is cleared on a
facility located in the United States, or
``(B) the purchaser or seller is a United States
person, and
``(2) any transaction with respect to a security described
in subparagraph (D), (E), or (F) of subsection (e)(1), if--
``(A) such security is traded or cleared on a
facility located in the United States, or
``(B) any party with rights under such security is
a United States person.
``(e) Security and Other Definitions.--For purposes of this
section--
``(1) In general.--The term `security' means--
``(A) any share of stock in a corporation,
``(B) any partnership or beneficial ownership
interest in a partnership or trust,
``(C) any note, bond, debenture, or other evidence
of indebtedness,
``(D) any evidence of an interest in, or a
derivative financial instrument with respect to, any
security or securities described in subparagraph (A),
(B), or (C),
``(E) any derivative financial instrument with
respect to any currency or commodity, and
``(F) any notional principal contract.
``(2) Derivative financial instrument.--The term
`derivative financial instrument' includes any option, forward
contract, futures contract, or any similar financial
instrument.
``(3) Notional principal contract.--Except as otherwise
provided by the Secretary, the term `notional principal
contract' means any financial instrument which requires two or
more payments at specified intervals calculated by reference to
a specified index upon one or more notional principal amounts.
An amount shall not fail to be treated as a payment described
in the preceding sentence merely because such amount is fixed
on one date and paid or otherwise taken into account on a
different date.
``(4) Specified index.--The term `specified index' means
any 1 or more of any combination of--
``(A) a fixed rate, price, or amount, or
``(B) a variable rate, price, or amount,
``(C) any index based on any objectively
determinable information (including the occurrence or
nonoccurrence of any event) which is not within the
control of any of the parties to the instrument and is
not unique to any of the parties' circumstances, and
``(D) any other index as the Secretary may
prescribe.
``(5) Treatment of exchanges.--
``(A) In general.--An exchange shall be treated as
the sale of the property transferred and a purchase of
the property received by each party to the exchange.
``(B) Certain deemed exchanges.--In the case of a
distribution treated as an exchange for stock under
section 302 or 331, the corporation making such
distribution shall be treated as having purchased such
stock for purposes of this section.
``(f) Exceptions.--
``(1) Exception for initial issues.--No tax shall be
imposed under subsection (a) on any covered transaction with
respect to the initial issuance of any security described in
subparagraph (A), (B), or (C) of subsection (e)(1).
``(2) Exception for certain traded short-term
indebtedness.--A note, bond, debenture, or other evidence of
indebtedness which--
``(A) is traded on a trading facility located in
the United States, and
``(B) has a fixed maturity of not more than 100
days,
shall not be treated as described in subsection (e)(1)(C).
``(3) Exception for securities lending arrangements.--No
tax shall be imposed under subsection (a) on any covered
transaction with respect to which gain or loss is not
recognized by reason of section 1058.
``(g) By Whom Paid.--
``(1) In general.--The tax imposed by this section shall be
paid by--
``(A) in the case of a transaction which occurs or
is cleared on a facility located in the United States,
such facility, and
``(B) in the case of a purchase not described in
subparagraph (A) which is executed by a broker (as
defined in section 6045(c)(1)) which is a United States
person, such broker.
``(2) Special rules for direct, etc., transactions.--In the
case of any transaction to which paragraph (1) does not apply,
the tax imposed by this section shall be paid by--
``(A) in the case of a transaction described in
subsection (d)(1)--
``(i) the purchaser if the purchaser is a
United States person, and
``(ii) the seller if the purchaser is not a
United States person, and
``(B) in the case of a transaction described in
subsection (d)(2)--
``(i) the payor if the payor is a United
States person, and
``(ii) the payee if the payor is not a
United States person.
``(h) Certain Payments Treated as Separate Transactions.--Except as
otherwise provided by the Secretary, any payment with respect to a
security described in subparagraph (D), (E), or (F) of subsection
(e)(1) shall be treated as a separate transaction for purposes of this
section, including--
``(1) any net initial payment, net final or terminating
payment, or net periodical payment with respect to a notional
principal contract (or similar financial instrument),
``(2) any payment with respect to any forward contract (or
similar financial instrument), and
``(3) any premium paid with respect to any option (or
similar financial instrument).
``(i) Application to Transactions by Controlled Foreign
Corporations.--
``(1) In general.--For purposes of this section, a
controlled foreign corporation shall be treated as a United
States person.
``(2) Special rules for payment of tax on direct, etc.,
transactions.--In the case of any transaction which is a
covered transaction solely by reason of paragraph (1) and which
is not described in subsection (g)(1)--
``(A) Payment by united states shareholders.--Any
tax which would (but for this paragraph) be payable
under subsection (g)(2) by the controlled foreign
corporation shall, in lieu thereof, be paid by the
United States shareholders of such controlled foreign
corporation as provided in subparagraph (B).
``(B) Pro rata shares.--Each such United States
shareholder shall pay the same proportion of such tax
as--
``(i) the stock which such United States
shareholder owns (within the meaning of section
958(a)) in such controlled foreign corporation,
bears to
``(ii) the stock so owned by all United
States shareholders in such controlled foreign
corporation.
``(C) Definitions.--For purposes of this
subsection, the terms `United States shareholder' and
`controlled foreign corporation' have the meanings
given such terms in sections 951(b) and 957(a),
respectively.
``(j) Administration.--The Secretary shall carry out this section
in consultation with the Securities and Exchange Commission and the
Commodity Futures Trading Commission.
``(k) Guidance; Regulations.--The Secretary shall--
``(1) provide guidance regarding such information reporting
concerning covered transactions as the Secretary deems
appropriate, and
``(2) prescribe such regulations as are necessary or
appropriate to prevent avoidance of the purposes of this
section, including the use of non-United States persons in such
transactions.''.
(b) Credit With Respect to Certain Tax-Favored Accounts To Offset
Transaction Tax.--
(1) In general.--Subpart C of part IV of subchapter A of
chapter 1 of such Code is amended by inserting after section
36B the following new section:
``SEC. 36C. OFFSET FOR TRANSACTION TAX WITH RESPECT TO CERTAIN TAX-
FAVORED ACCOUNTS.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this subtitle for the taxable year an amount equal to
0.03 percent of the qualified tax-favored account contributions of the
taxpayer for the taxable year.
``(b) Qualified Tax-Favored Account Contributions.--For purposes of
this section, the term `qualified tax-favored account contributions'
means, with respect to any taxable year, the sum of--
``(1) with respect to qualified retirement plans (as
defined in section 4974(c)) of the taxpayer, the amount
contributed to such plans for such taxable year to the extent
that such contributions are allowable as a deduction or are
excludable from gross income (or, in the case of a Roth IRA (as
defined in section 408A(b)), the amount contributed),
``(2) with respect to Archer MSAs of the taxpayer, the
amount allowed as a deduction under section 220 for such
taxable year,
``(3) with respect to health savings accounts of the
taxpayer, the amount allowed as a deduction under section 223
for such taxable year, plus
``(4) with respect to qualified tuition programs (as
defined in section 529) and Coverdell education savings
accounts (as defined in section 530) with respect to which the
taxpayer is the designated beneficiary (or, in the case of a
designated beneficiary with respect to whom another taxpayer is
allowed a deduction under section 151, such other taxpayer in
lieu of such designated beneficiary), the amount contributed
for such taxable year.''.
(2) Conforming amendments.--
(A) Section 1324(b)(2) of title 31, United States
Code, is amended by inserting ``, 36C'' after ``36B''.
(B) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting before the item
relating to section 37 the following new item:
``Sec. 36C. Offset for transaction tax on contributions to certain tax-
favored accounts.''.
(c) Information Reporting With Respect to Controlled Foreign
Corporations.--Subparagraph (B) of section 6038(a)(1) is amended by
inserting ``and transactions which are covered transactions for
purposes of section 4475 by reason of the application of section
4475(i)(1) to such corporation'' before the semicolon at the end.
(d) Clerical Amendment.--The table of subchapters for chapter 36 of
the Internal Revenue Code of 1986 is amended by inserting after the
item relating to subchapter B the following new item:
``Subchapter C. Tax on trading transactions.''.
(e) Effective Date.--The amendments made by this section shall
apply to transactions after December 31, 2013. | Wall Street Trading and Speculators Tax Act - Amends the Internal Revenue Code to impose a .03% excise tax on the purchase of a security if: (1) such purchase occurs or is cleared on a trading facility located in the United States, or (2) the purchaser or seller is a U.S. person. Defines "security" to include: (1) stocks, partnership interests, notes, bonds, debentures, or other evidences of indebtedness; (2) interests in a derivative financial instrument (i.e., any option, forward contract, futures contract, or any similar financial instrument) and (3) any notional principal contract. Exempts from such tax: (1) initial issues of securities; (2) any note, bond, debenture, or other evidence of indebtedness which is traded on a trading facility located in the United States and has a fixed maturity of not more than 100 days; and (3) securities traded pursuant to certain lending arrangements. Makes such tax applicable to transactions by controlled foreign corporations and payable by its U.S. shareholders. Allows an offset against such tax for contributions to certain tax-favored accounts, including tax-exempt retirement plans, Archer medical savings accounts, health savings accounts, and qualified tuition plans and Coverdell education savings accounts. | {"src": "billsum_train", "title": "Wall Street Trading and Speculators Tax Act"} | 2,763 | 286 | 0.5018 | 1.461912 | 0.774682 | 3.366935 | 10.169355 | 0.866935 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Contractor Accountability
Act of 2007''.
SEC. 2. LEGAL STATUS OF CONTRACT PERSONNEL.
(a) Clarification of the Military Extraterritorial Jurisdiction
Act.--
(1) Inclusion of contractors.--Subsection (a) of section
3261 of title 18, United States Code, is amended--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the comma at the end of paragraph
(2) and inserting ``; or''; and
(C) by inserting after paragraph (2) the following:
``(3) while employed under a contract (or subcontract at
any tier) awarded by any department or agency of the United
States, where the work under such contract is carried out in an
area, or in close proximity to an area (as designated by the
Department of Defense), where the Armed Forces is conducting a
contingency operation,''.
(2) Definition.--Section 3267 of title 18, United States
Code, is amended by adding at the end the following:
``(5) The term `contingency operation' has the meaning
given such term in section 101(a)(13) of title 10.''.
(b) Department of Justice Inspector General Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of the
Department of Justice shall submit to Congress a report in
accordance with this subsection.
(2) Content of report.--The report under paragraph (1)
shall include--
(A) a description of the status of Department of
Justice investigations of alleged violations of section
3261 of title 18, United States Code, to have been
committed by contract personnel, which shall include--
(i) the number of complaints received by
the Department of Justice;
(ii) the number of investigations into
complaints opened by the Department of Justice;
(iii) the number of criminal cases opened
by the Department of Justice; and
(iv) the number and result of criminal
cases closed by the Department of Justice; and
(B) findings and recommendations about the number
of criminal cases prosecuted by the Department of
Justice involving violations of section 3261 of title
18, United States Code.
(3) Format of report.--The report under paragraph (1) shall
be submitted in unclassified format, but may contain a
classified annex as appropriate.
SEC. 3. FEDERAL BUREAU OF INVESTIGATION INVESTIGATIVE UNIT FOR
CONTINGENCY OPERATIONS.
(a) Establishment of Theater Investigative Unit.--The Director of
the Federal Bureau of Investigation shall ensure that there are
adequate personnel through the creation of Theater Investigative Units
to investigate allegations of criminal violations of section 3261 of
title 18, United States Code, by contract personnel.
(b) Responsibilities of Theater Investigative Unit.--The Theater
Investigative Unit established for a theater of operations shall--
(1) investigate reports that raise reasonable suspicion of
criminal misconduct by contract personnel;
(2) investigate reports of fatalities resulting from the
use of force by contract personnel; and
(3) upon conclusion of an investigation of alleged criminal
misconduct, refer the case to the Attorney General of the
United States for further action, as appropriate in the
discretion of the Attorney General.
(c) Responsibilities of Federal Bureau of Investigation.--
(1) Resources.--The Director of the Federal Bureau of
Investigation shall ensure that each Theater Investigative Unit
has adequate resources and personnel to carry out its
responsibilities.
(2) Notification.--The Director of the Federal Bureau of
Investigation shall notify Congress whenever a Theater
Investigative Unit is established or terminated in accordance
with this section.
(d) Responsibilities of Other Federal Agencies.--An agency
operating in an area, or in close proximity to an area (as designated
by the Department of Defense), where the Armed Forces is conducting a
contingency operation shall cooperate with and support the activities
of the Theater Investigative Unit. Any investigation carried out by the
Inspector General of an agency shall be coordinated with the activities
of the Theater Investigative Unit as appropriate.
SEC. 4. DEFINITIONS.
In this Act:
(1) Covered contract.--The term ``covered contract'' means
an agreement--
(A) that is--
(i) a prime contract awarded by an agency;
(ii) a subcontract at any tier under any
prime contract awarded by an agency; or
(iii) a task order issued under a task or
delivery order contract entered into by an
agency; and
(B) according to which the work under such
contract, subcontract, or task order is carried out in
a region outside the United States in which the Armed
Forces are conducting a contingency operation.
(2) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(3) Contingency operation.--The term ``contingency
operation'' has the meaning given the term section 101(13) of
title 10, United States Code.
(4) Contractor.--The term ``contractor'' means an entity
performing a covered contract.
(5) Contract personnel.--The term ``contract personnel''
means persons assigned by a contractor (including
subcontractors at any tier) to perform work under a covered
contract.
SEC. 5. EFFECTIVE DATE.
(a) Applicability.--The provisions of this Act shall apply to all
covered contracts and all covered contract personnel in which the work
under the contract is carried out in an area, or in close proximity to
an area (as designated by the Department of Defense), where the Armed
Forces is conducting a contingency operation on or after the date of
the enactment of this Act.
(b) Immediate Effectiveness.--The provisions of this Act shall
enter into effect immediately upon the enactment of this Act.
(c) Implementation.--With respect to covered contracts and covered
contract personnel discussed in subsection (a)(1), the Director of the
Federal Bureau of Investigation, and the head of any other agency to
which this Act applies, shall have 90 days after the date of the
enactment of this Act to ensure compliance with the provisions of this
Act. | Security Contractor Accountability Act of 2007 - Provides that persons who, while employed under a federal agency contract in or in close proximity to an area where the Armed Forces are conducting a contingency operation, engage in conduct that would constitute an offense punishable by imprisonment for more than one year if engaged in within U.S. jurisdiction shall be punished as provided for that offense.
Requires the Inspector General of the Department of Justice (DOJ) to report to Congress on the status of the Department's investigations of violations alleged to have been committed by contract personnel and findings and recommendations about the Department's capacity and effectiveness in prosecuting misconduct by contract personnel.
Requires the Director of the Federal Bureau of Investigation (FBI) to ensure, through the creation of Theater Investigative Units, that there are adequate personnel to investigate allegations of criminal violations by contract personnel. | {"src": "billsum_train", "title": "A bill to require accountability for contractors and contract personnel under Federal contracts, and for other purposes."} | 1,404 | 187 | 0.576343 | 1.662788 | 0.813698 | 2.76875 | 7.95 | 0.81875 |
TITLE I--SHORT TITLE; TABLE OF CONTENTS
SEC. 1000. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Retirement Savings
and Security Act''.
(b) Table of Contents.--
TITLE I--SHORT TITLE; TABLE OF CONTENTS
Sec. 1000. Short title; table of contents.
TITLE II--CONFORMING RAILROAD RETIREMENT BENEFITS WITH SOCIAL SECURITY
Sec. 2001. Child's annuity.
Sec. 2002. Entitlement to spousal annuities.
Sec. 2003. Continued payment to survivors of waived lump sum benefits
in amounts equivalent to social security
survivor benefits.
Sec. 2004. Lump sum death benefits equivalent to social security
benefits.
Sec. 2005. Payment of benefits equivalent to social security benefits
with respect to service for which certain
railroad retirement annuities are not
payable.
Sec. 2006. Effective date.
TITLE II--CONFORMING RAILROAD RETIREMENT BENEFITS WITH SOCIAL SECURITY
SEC. 2001. CHILD'S ANNUITY.
(a) Eligibility for Annuity.--Section 2 of the Railroad Retirement
Act of 1974 is amended by adding at the end the following new
subsection:
``(i) The child (as defined in section 216(e) and (k) of the Social
Security Act) of an individual, if--
``(i)(I) such child will be less than 18 years of age,
``(II) such child will be less than 19 years of age and a
full-time elementary or secondary school student, or
``(III) such child will, without regard to his or her age,
be under a disability which began before the child attained age
22 or before the 84th month following the month in which his
most recent entitlement to an annuity under this subsection
terminated because he or she ceased to be under a disability,
and
``(ii) such child is unmarried and dependent upon the
employee,
shall be entitled to an annuity, if he or she has filed an application
therefor, in the amount provided under section 4 of this Act.''
(b) Amount of Annuity.--Section 4 of such Act is amended--
(1) in the heading, by adding at the end ``and child
annuities''; and
(2) by adding at the end the following new subsection:
``(j) The annuity of a child of an individual under section 2(i) of
this Act shall be in the amount that would have been payable to the
child under title II of the Social Security Act if all of the
individual's service after December 31, 1936, had been included in the
term `employment' as defined in that Act reduced by any benefit payable
under title II of the Social Security Act.''.
(c) Technical Amendment.--The first sentence of section 3(f)(3) of
such Act is amended by striking ``the spouse and divorced wife'' and
inserting ``the spouse, child, and divorced wife''.
SEC. 2002. ENTITLEMENT TO SPOUSAL ANNUITIES.
(a) Entitlement Despite Certain Age Requirements.--Section 2(c)(1)
of the Railroad Retirement Act of 1974 is amended by adding at the end
the following: ``A spouse who is not entitled to an annuity by reason
of paragraph (i)(B) of this subdivision, but who otherwise meets the
conditions for entitlement to an annuity under this subsection, shall
be entitled to an annuity in such amount as would have been payable
under title II of the Social Security Act if all of the individual's
service after December 31, 1936, had been included in the term
`employment' as defined in that Act reduced by any benefit payable to
the spouse under title II of the Social Security Act.''.
(b) Removal of Age Requirement for Divorced Spouses.--Section
2(c)(4) of such Act is amended by striking paragraph (ii), by
redesignating paragraph (iii) as paragraph (ii), and by striking
paragraph (i) and inserting the following:
``(i) such individual has completed 10 years of
service; and''.
(c) Entitlement of Divorced Spouse Where Worker's Annuity Is Not
Payable.--Section 2(e)(5) of such Act is amended by striking ``or
divorced wife'' in the second sentence.
SEC. 2003. CONTINUED PAYMENT TO SURVIVORS OF WAIVED LUMP SUM BENEFITS
IN AMOUNTS EQUIVALENT TO SOCIAL SECURITY SURVIVOR
BENEFITS.
Section 6(c)(1) of the Railroad Retirement Act of 1974 is amended
by striking all that follows ``Provided, however,'' and inserting the
following: ``That if the employee is survived by a widow, widower, or
parent who may upon attaining the age of eligibility be entitled to
benefits under this Act, such lump sum shall not be paid unless such
widow, widower, or parent makes and files with the Board an irrevocable
election, in such form as the Board may prescribe, to have such lump
sum be paid in lieu of all benefits, other than the amount of the
benefits that the widow, widower, or parent would have received under
title II of the Social Security Act if all of the employee's service
after December 31, 1936, had been included in the term `employment' as
defined in that Act. After a lump sum with respect to the death of an
employee is paid pursuant to an election filed with the Board under the
provisions of this subsection, no further benefits, other than benefits
in such amounts as would have been payable under title II of the Social
Security Act if all of the employee's service after December 31, 1936,
had been included in the term `employment' as defined in that Act,
shall be paid under this Act on the basis of such employee's
compensation and service under this Act.''.
SEC. 2004. LUMP SUM DEATH BENEFITS EQUIVALENT TO SOCIAL SECURITY
BENEFITS.
(a) In General.--Section 6(b)(2) of the Railroad Retirement Act of
1974 is amended to read as follows:
``(2) Upon the death of an individual who (A) will have completed
ten years of service at the time of his death, and (B) will have had a
current connection with the railroad industry at the time of his death,
a lump-sum death payment shall be made in accordance with the
provisions of section 202(i) of the Social Security Act in an amount
equal to the amount which would have been payable under such section
202(i) if such individual's service as an employee after December 31,
1936, were included in the term `employment' as defined in that Act.''.
(b) Conforming Amendment.--Section 6(b)(1) of such Act is amended
by inserting before the period at the end of the first sentence the
following: ``less any lump-sum benefit payable under subdivision (2) of
this subsection''.
SEC. 2005. PAYMENT OF BENEFITS EQUIVALENT TO SOCIAL SECURITY BENEFITS
WITH RESPECT TO SERVICE FOR WHICH CERTAIN RAILROAD
RETIREMENT ANNUITIES ARE NOT PAYABLE.
Section 2(e) of the Railroad Retirement Act of 1974 is amended by
adding at the end the following new subdivision:
``(6) A person who has filed an application for an annuity under
this Act, but whose annuity is not payable for a month by reason of
subdivision (1), (3), or (5) of this subsection and who is entitled to
a benefit under title II of the Social Security Act for such month
shall be entitled to receive an annuity under this Act for such month
equal to the difference between the benefit under such title II paid
for such month and the benefit under such title II that would have been
paid for such month if all of the individual's service after December
31, 1936, had been included in the term `employment' as defined in that
Act.''.
SEC. 2006. EFFECTIVE DATE.
The amendments made by this title shall take effect on January 1,
1997. | TABLE OF CONTENTS:
Title I: Short Title; Table of Contents
Title II: Conforming Railroad Retirement Benefits with
Social Security
Title I: Short Title; Table of Contents
- Retirement Savings and Security Act - Sets forth this Act's short title and table of contents.
Title II: Conforming Railroad Retirement Benefits with Social Security
- Amends the Railroad Retirement Act of 1974 (RRA) with respect to eligibility for and the amount of a child's annuity.
Provides for entitlement to spousal annuities despite certain age requirements. Removes the age requirement for divorced spouses, and provides for entitlement of the divorced spouse where the worker's annuity is not payable.
Provides for RRA benefits equivalent to those under the Social Security Act with respect to: (1) amounts of continued payment to survivors of waived lump sum benefits; (2) lump sum death benefits; and (3) benefits with respect to service for which certain railroad retirement annuities are not payable. | {"src": "billsum_train", "title": "Retirement Savings and Security Act"} | 1,901 | 216 | 0.659188 | 1.800246 | 0.835906 | 3.353846 | 8.287179 | 0.892308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Infrastructure Tax Fairness
Act''.
SEC. 2. LIMITATION ON DISCRIMINATORY TAXATION OF OIL PIPELINE PROPERTY.
(a) Definitions.--For purposes of this Act:
(1) Assessment.--The term ``assessment'' means valuation
for a property tax levied by a taxing authority.
(2) Assessment jurisdiction.--The term ``assessment
jurisdiction'' means a geographical area used in determining
the assessed value of property for ad valorem taxation.
(3) Commercial and industrial property.--The term
``commercial and industrial property'' means property
(excluding oil pipeline property, public utility property, and
land used primarily for agricultural purposes or timber growth)
devoted to commercial or industrial use and subject to a
property tax levy.
(4) Oil pipeline property.--The term ``oil pipeline
property'' means all property, real personal and intangible:
(A) owned or used by an oil pipeline providing
interstate transportation of oil, refined petroleum
products or other hazardous liquids;
(B) owned or used by an oil pipeline for storage of
oil, refined petroleum products or other hazardous
liquids, which is connected to any property described
in subparagraph (B); or
(C) subject to the jurisdiction of the Federal
Energy Regulatory Commission.
(5) Public utility property.--The term ``public utility
property'' means property (excluding oil pipeline property)
that is devoted to public service and is owned or used by any
entity that performs a public service and is regulated by any
governmental agency.
(b) Discriminatory Acts.--The acts specified in this subsection
unreasonably burden and discriminate against interstate commerce. A
State, subdivision of a State, authority acting for a State or
subdivision of a State, or any other taxing authority (including a
taxing jurisdiction and a taxing district) may not do any of the
following such acts:
(1) Assess oil pipeline property at a value that has a
higher ratio to the true market value of the oil pipeline
property than the ratio that the assessed value of other
commercial and industrial property in the same assessment
jurisdiction has to the true market value of the other
commercial and industrial property, or levy or collect a tax on
such an assessment.
(2) Levy or collect an ad valorem property tax on oil
pipeline property at a tax rate that exceeds the tax rate
applicable to commercial and industrial property in the same
assessment jurisdiction.
(3) Impose any other tax that discriminates against oil
pipeline property described in subsection (a)(4) of this
section.
SEC. 3. JURISDICTION OF COURTS; RELIEF.
(a) Grant of Jurisdiction.--Notwithstanding section 1341 of title
28, United States Code, and notions of comity, and without regard to
the amount in controversy or citizenship of the parties, the district
courts of the United States shall have jurisdiction, concurrent with
other jurisdiction of the courts of the United States, of States, and
of all other taxing authorities and taxing jurisdictions, to prevent a
violation of section 1.
(b) Relief.--Except as otherwise provided in this subsection,
relief may be granted under this Act only if the ratio of assessed
value to true market value of oil pipeline property exceeds by at least
5 percent the ratio of assessed value to true market value of other
commercial and industrial property in the same assessment jurisdiction.
If the ratio of the assessed value of other commercial and industrial
property in the assessment jurisdiction to the true market value of all
other commercial and industrial property cannot be determined to the
satisfaction of the court through the random-sampling method known as a
sales assessment ratio study (to be carried out under statistical
principles applicable to such a study), each of the following shall be
a violation of section 1 for which relief under this Act may be
granted:
(1) An assessment of the oil pipeline property at a value
that has a higher ratio of assessed value to the true market
value of the oil pipeline property than the ratio of the
assessed value of all other property (excluding public utility
property) subject to a property tax levy in the assessment
jurisdiction has to the true market value of all other property
(excluding public utility property).
(2) The collection of an ad valorem property tax on the oil
pipeline property at a tax rate that exceeds the tax rate
applicable to all other taxable property (excluding public
utility property) in the taxing jurisdiction. | Energy Infrastructure Tax Fairness Act - Describes the following as acts that unreasonably burden and discriminate against interstate commerce, and prohibits states, political subdivisions, and any other taxing authority from: (1) assessing oil pipeline property at a value that has a higher ratio to its true market value than the ratio used to assess other commercial and industrial property in the same assessment jurisdiction; (2) levying or collecting a tax on such an assessment; (3) levying or collecting an ad valorem property tax on oil pipeline property at a rate that exceeds the rate applicable to commercial and industrial property in the same assessment jurisdiction; or (4) imposing any other tax that discriminates against oil pipeline property providing interstate transportation of oil, refined petroleum products, or other hazardous liquids and subject to the jurisdiction of the Federal Energy Regulatory Commission.
Grants jurisdiction to U.S. District Courts and provides for specified relief for claims of discriminatory taxation of oil pipeline property. | {"src": "billsum_train", "title": "To limit the discriminatory taxation of oil pipeline property."} | 993 | 212 | 0.743789 | 1.984274 | 1.291121 | 4.005556 | 5.088889 | 0.905556 |
SECTION 1. CREDIT FOR CLINICAL TESTING RESEARCH EXPENSES ATTRIBUTABLE
TO CERTAIN QUALIFIED ACADEMIC INSTITUTIONS INCLUDING
TEACHING HOSPITALS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by inserting after section 41 the following:
``SEC. 41A. CREDIT FOR MEDICAL INNOVATION EXPENSES.
``(a) General Rule.--For purposes of section 38, the medical
innovation credit determined under this section for the taxable year
shall be an amount equal to 20 percent of the excess (if any) of--
``(1) the qualified medical innovation expenses for the
taxable year, over
``(2) the medical innovation base period amount.
``(b) Qualified Medical Innovation Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified medical innovation
expenses' means the amounts which are paid or incurred by the
taxpayer during the taxable year directly or indirectly to any
qualified academic institution for clinical testing research
activities.
``(2) Clinical testing research activities.--
``(A) In general.--The term `clinical testing
research activities' means human clinical testing
conducted at any qualified academic institution in the
development of any product, which occurs before--
``(i) the date on which an application with
respect to such product is approved under
section 505(b), 506, or 507 of the Federal
Food, Drug, and Cosmetic Act,
``(ii) the date on which a license for such
product is issued under section 351 of the
Public Health Service Act, or
``(iii) the date classification or approval
of such product which is a device intended for
human use is given under section 513, 514, or
515 of the Federal Food, Drug, and Cosmetic
Act.
``(B) Product.--The term `product' means any drug,
biologic, or medical device.
``(3) Qualified academic institution.--The term `qualified
academic institution' means any of the following institutions:
``(A) Educational institution.--A qualified
organization described in section 170(b)(1)(A)(iii)
which is owned or affiliated with an institution of
higher education as described in section 3304(f).
``(B) Teaching hospital.--A teaching hospital
which--
``(i) is publicly supported or owned by an
organization described in section 501(c)(3),
and
``(ii) is affiliated with an organization
meeting the requirements of subparagraph (A).
``(C) Foundation.--A medical research organization
described in section 501(c)(3) (other than a private
foundation) which is affiliated with, or owned by--
``(i) an organization meeting the
requirements of subparagraph (A), or
``(ii) a teaching hospital meeting the
requirements of subparagraph (B).
``(D) Charitable research hospital.--A hospital
that is designated as a cancer center by the National
Cancer Institute.
``(4) Exclusion for amounts funded by grants, etc.--The
term `qualified medical innovation expenses' shall not include
any amount to the extent such amount is funded by any grant,
contract, or otherwise by another person (or any governmental
entity).
``(c) Medical Innovation Base Period Amount.--For purposes of this
section, the term `medical innovation base period amount' means the
average annual qualified medical innovation expenses paid by the
taxpayer during the 3-taxable year period ending with the taxable year
immediately preceding the first taxable year of the taxpayer beginning
after December 31, 1998.
``(d) Special Rules.--
``(1) Limitation on foreign testing.--No credit shall be
allowed under this section with respect to any clinical testing
research activities conducted outside the United States.
``(2) Certain rules made applicable.--Rules similar to the
rules of subsections (f) and (g) of section 41 shall apply for
purposes of this section.
``(3) Election.--This section shall apply to any taxpayer
for any taxable year only if such taxpayer elects to have this
section apply for such taxable year.
``(4) Coordination with credit for increasing research
expenditures and with credit for clinical testing expenses for
certain drugs for rare diseases.--Any qualified medical
innovation expense for a taxable year to which an election
under this section applies shall not be taken into account for
purposes of determining the credit allowable under section 41
or 45C for such taxable year.
``(e) Termination.--This section shall not apply to any expense
paid or incurred after the date specified in section 41(h)(1)(B).''.
(b) Credit To Be Part of General Business Credit.--
(1) In general.--Section 38(b) of such Code (relating to
current year business credits) is amended by striking ``plus''
at the end of paragraph (11), by striking the period at the end
of paragraph (12) and inserting ``, plus'', and by adding at
the end the following:
``(13) the medical innovation expenses credit determined
under section 41A(a).''.
(2) Transition rule.--Section 39(d) of such Code is amended
by adding at the end the following new paragraph:
``(9) No carryback of section 41a credit before
enactment.--No portion of the unused business credit for any
taxable year which is attributable to the medical innovation
credit determined under section 41A may be carried back to a
taxable year beginning before January 1, 1999.''.
(c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end the following new subsection:
``(d) Credit for Increasing Medical Innovation Expenses.--
``(1) In general.--No deduction shall be allowed for that
portion of the qualified medical innovation expenses (as
defined in section 41A(b)) otherwise allowable as a deduction
for the taxable year which is equal to the amount of the credit
determined for such taxable year under section 41A(a).
``(2) Certain rules to apply.--Rules similar to the rules
of paragraphs (2), (3), and (4) of subsection (c) shall apply
for purposes of this subsection.''
(d) Deduction for Unused Portion of Credit.--Section 196(c) of such
Code (defining qualified business credits) is amended by resdesignating
paragraphs (5) through (8) as paragraphs (6) through (9), respectively,
and by inserting after paragraph (4) the following new paragraph:
``(5) the medical innovation expenses credit determined
under section 41A(a) (other than such credit determined under
the rules of section 280C(d)(2)),''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
after the item relating to section 41 the following:
``Sec. 41A. Credit for medical innovation
expenses.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Amends the Internal Revenue Code to establish a limited credit for "qualified medical innovation expenses." Defines such expenses as amounts paid by a taxpayer to any qualified academic institution for clinical testing research activities. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for a medical innovation tax credit for clinical testing research expenses attributable to academic medical centers and other qualified hospital research organizations."} | 1,631 | 44 | 0.597458 | 1.395005 | 0.842614 | 2.789474 | 38.026316 | 0.842105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Book Stamp Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Literacy is fundamental to all learning.
(2) Between 40 and 60 percent of the Nation's children do
not read at grade level, particularly children in families or
school districts that are challenged by significant financial
or social instability.
(3) Increased investments in child literacy are needed to
improve opportunities for children and the efficacy of the
Nation's education investments.
(4) Increasing access to books in the home is an important
means of improving child literacy, which can be accomplished
nationally at modest cost.
(5) Effective channels for book distribution already exist
through child care providers, hospitals, pediatrician's
offices, entities carrying out faith-based programs, and
entities carrying out early literacy programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Early learning program.--The term ``early learning'',
used with respect to a program, means a program of activities
designed to facilitate development of cognitive, language,
motor, and social-emotional skills in children under age 6 as a
means of enabling the children to enter school ready to learn,
such as a Head Start or Early Head Start program carried out
under the Head Start Act (42 U.S.C. 9831 et seq.), or a State
pre-kindergarten program.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) State.--The term ``State'' means the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
the United States Virgin Islands, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(4) State agency.--The term ``State agency'' means an
agency designated under section 658D of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858b).
SEC. 4. GRANTS TO STATE AGENCIES.
(a) Establishment of Program.--The Secretary shall establish and
carry out a program to promote child literacy and improve children's
access to books at home and in early learning, child care, literacy,
and nutrition programs, by making books available through early
learning programs, child care programs, hospital-based or clinic-based
literacy programs, library-based literacy programs, nutrition programs
at clinics described in section 6(a)(2)(A)(v), faith-based literacy
programs, and other literacy programs.
(b) Grants.--
(1) In general.--In carrying out the program, the Secretary
shall make grants to State agencies from allotments determined
under paragraph (2).
(2) Allotments.--For each fiscal year, the Secretary shall
allot to each State an amount that bears the same ratio to the
total of the available funds for the fiscal year as the amount
the State receives under section 658O(b) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858m(b)) for
the fiscal year bears to the total amount received by all
States under that section for the fiscal year.
(c) Applications.--To be eligible to receive an allotment under
this section, a State shall submit an application to the Secretary at
such time, in such manner, and containing such information as the
Secretary may require.
(d) Accountability.--The provisions of sections 658I(b) and 658K(b)
of the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858g(b), 9858i(b)) shall apply to State agencies receiving grants
under this Act, except that references in those sections--
(1) to a subchapter shall be considered to be references to
this Act; and
(2) to a plan or application shall be considered to be
references to an application submitted under subsection (c).
(e) Definition.--In this section, the term ``available funds'',
used with respect to a fiscal year, means the total of--
(1) the funds made available under section 417(c)(1) of
title 39, United States Code, for the fiscal year; and
(2) the amounts appropriated under section 9 for the fiscal
year.
SEC. 5. CONTRACTS TO CHILD CARE RESOURCE AND
REFERRAL AGENCIES.
A State agency that receives a grant under section 4 shall use
funds made available through the grant to enter into contracts with
local child care resource and referral agencies to carry out the
activities described in section 6. The State agency may reserve not
more than 3 percent of the funds made available through the grant to
support a public awareness campaign relating to the activities.
SEC. 6. USE OF FUNDS.
(a) Activities.--
(1) Book payments for eligible providers.--A child care
resource and referral agency that receives a contract under
section 5 shall use the funds made available through the grant
to provide payments for eligible providers, on the basis of
local needs, to enable the providers to make books available to
promote child literacy and improve children's access to books
at home and in early learning, child care, literacy, and
nutrition programs.
(2) Eligible providers.--To be eligible to receive a
payment under paragraph (1), a provider shall--
(A)(i) be a center-based child care provider, a
group home child care provider, or a family child care
provider, described in section 658P(5)(A) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858n(5)(A));
(ii) be a Head Start agency designated under
section 641 of the Head Start Act (42 U.S.C. 9836), an
entity that receives assistance under section 645A of
such Act (42 U.S.C. 9840a) to carry out an Early Head
Start program, or another provider of an early learning
program;
(iii) be an entity that carries out a hospital-
based or clinic-based literacy program;
(iv) be an entity that carries out a library-based
literacy program serving children under age 6;
(v) be an entity that carries out a nutrition
program at a clinic (as defined in part 246.2 of title
7, Code of Federal Regulations (or any corresponding
similar regulation or ruling)) under section 17(b)(6)
of the Child Nutrition Act of 1966 (42 U.S.C.
1786(b)(6));
(vi) be an entity that carries out a faith-based
literacy program serving children under age 6; or
(vii) be another entity carrying out a literacy
program serving children under age 6; and
(B) provide services in an area where children face
high risks of literacy difficulties, as defined by the
Secretary.
(b) Responsibilities.--A child care resource and referral agency
that receives a contract under section 5 to provide payments to
eligible providers shall--
(1) consult with local individuals and organizations
concerned with early literacy (including parents, teachers,
pediatricians, directors of the special supplemental nutrition
program for women, infants, and children established by section
17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
literacy coalitions, and organizations carrying out the Reach
Out and Read, First Book, and Reading Is Fundamental programs)
regarding local book distribution needs;
(2) make reasonable efforts to learn public demographic and
other information about local families and child literacy
programs carried out by the eligible providers, as needed to
inform the agency's decisions as the agency carries out the
contract;
(3) coordinate local orders of the books made available
under this Act;
(4) distribute, to each eligible provider that receives a
payment under this Act, not fewer than 1 book every 6 months
for each child served by the provider for more than 3 of the
preceding 6 months;
(5) use not more than 5 percent of the funds made available
through the contract to provide training and technical
assistance to the eligible providers on the effective use of
books with young children at different stages of development;
and
(6) be a training resource for eligible providers that want
to offer parent workshops on developing reading readiness.
(c) Discounts.--
(1) In general.--Federal funds made available under this
Act for the purchase of books may only be used to purchase
books on the same terms as are customarily available in the
book industry to entities carrying out nonprofit bulk book
purchase and distribution programs.
(2) Terms.--An entity offering books for purchase under
this Act shall be present to have met the requirements of
paragraph (1), absent contrary evidence, if the terms include a
discount of 43 percent off the catalogue price of the books,
with no additional charge for shipping and handling of the
books.
(d) Administration.--The child care resource and referral agency
may not use more than 6 percent of the funds made available through the
contract for administrative costs.
SEC. 7. REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this Act, the
Secretary shall prepare and submit to Congress a report on the
implementation of the activities carried out under this Act.
SEC. 8. SPECIAL POSTAGE STAMPS FOR CHILD LITERACY.
Chapter 4 of title 39, United States Code is amended by adding at
the end the following:
``Sec. 417. Special postage stamps for child literacy
``(a) In order to afford the public a convenient way to contribute
to funding for child literacy, the Postal Service shall establish a
special rate of postage for first-class mail under this section. The
stamps that bear the special rate of postage shall promote childhood
literacy and shall, to the extent practicable, contain an image
relating to a character in a children's book or cartoon.
``(b)(1) The rate of postage established under this section--
``(A) shall be equal to the regular first-class rate of
postage, plus a differential of not to exceed 25 percent;
``(B) shall be set by the Governors in accordance with such
procedures as the Governors shall by regulation prescribe (in
lieu of the procedures described in chapter 36); and
``(C) shall be offered as an alternative to the regular
first-class rate of postage.
``(2) The use of the special rate of postage established under this
section shall be voluntary on the part of postal patrons.
``(c)(1) Of the amounts becoming available for child literacy
pursuant to this section, the Postal Service shall pay 100 percent to
the Department of Health and Human Services.
``(2) Payments made under this subsection to the Department shall
be made under such arrangements as the Postal Service shall by mutual
agreement with such Department establish in order to carry out the
objectives of this section, except that, under those arrangements,
payments to such agency shall be made at least twice a year.
``(3) In this section, the term `amounts becoming available for
child literacy pursuant to this section' means--
``(A) the total amounts received by the Postal Service that
the Postal Service would not have received but for the
enactment of this section; reduced by
``(B) an amount sufficient to cover reasonable costs
incurred by the Postal Service in carrying out this section,
including costs attributable to the printing, sale, and
distribution of stamps under this section,
as determined by the Postal Service under regulations that the Postal
Service shall prescribe.
``(d) It is the sense of Congress that nothing in this section
should--
``(1) directly or indirectly cause a net decrease in total
funds received by the Department of Health and Human Services,
or any other agency of the Government (or any component or
program of the Government), below the level that would
otherwise have been received but for the enactment of this
section; or
``(2) affect regular first-class rates of postage or any
other regular rates of postage.
``(e) Special postage stamps made available under this section
shall be made available to the public beginning on such date as the
Postal Service shall by regulation prescribe, but in no event later
than 12 months after the date of enactment of this section.
``(f) The Postmaster General shall include in each report provided
under section 2402, with respect to any period during any portion of
which this section is in effect, information concerning the operation
of this section, except that, at a minimum, each report shall include
information on--
``(1) the total amounts described in subsection (c)(3)(A)
that were received by the Postal Service during the period
covered by such report; and
``(2) of the amounts described in paragraph (1), how much
(in the aggregate and by category) was required for the
purposes described in subsection (c)(3)(B).
``(g) This section shall cease to be effective at the end of the 2-
year period beginning on the date on which special postage stamps made
available under this section are first made available to the public.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$50,000,000 for each of fiscal years 2003 through 2007. | Book Stamp Act - Directs the Secretary of Health and Human Services (HHS) to establish a grant program (based on certain State allocations under the Child Care and Development Block Grant Act of 1990) to promote child literacy and improve children's access to books at home and in early learning, child care, literacy and nutrition programs, by making books available through such programs.Requires State agencies to use such grants to enter into contracts with local child care resource and referral agencies to: (1) provide payments for eligible early learning, child care, literacy and nutrition providers, on the basis of local needs, to make books available; and (2) improve children's access to books at home. Allows State agencies to reserve a portion of grant funds to support a public awareness campaign relating to program activities.Amends Federal law relating to the U.S. Postal Service (USPS) to require USPS to establish special postage stamps for child literacy, at the regular first-class rate plus a differential amount, for voluntary use by patrons. Requires USPS to pay certain amounts raised by stamp sales to HHS for child literacy promotion activities. | {"src": "billsum_train", "title": "A bill to establish a program to promote child literacy by making books available through early learning, child care, literacy, and nutrition programs, and for other purposes."} | 2,882 | 246 | 0.565963 | 1.513059 | 0.906427 | 4.336406 | 12.557604 | 0.917051 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Community Cancer
Care Preservation Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Use of average sales price methodology.
Sec. 3. Improved payment for oncologist services.
Sec. 4. Quality measures for cancer care.
Sec. 5. Improved patient participation in clinical trials.
Sec. 6. CBO report.
SEC. 2. USE OF AVERAGE SALES PRICE METHODOLOGY.
(a) Findings.--Congress finds that--
(1) in 2005, Medicare reimbursement for certain outpatient
cancer drugs was changed to reflect average sales price rather
than average wholesale price; and
(2) the average sales price methodology does not timely
reflect changes in manufacturer's prices for drugs.
(b) Adjustment to Average Sales Price Calculation.--Section 1847A
of the Social Security Act (42 U.S.C. 1395w-3a) is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(6) Reconciliation.--Payments made pursuant to this
subsection are subject to reconciliation to assure that such
payments do not exceed or fall short of the actual average
sales price during any preceding period. Such reconciliation
shall be conducted on a quarterly basis and the Secretary shall
review all payments made to physicians under this subsection in
the preceding quarter and compare such payment to the verified
average sales price reported by the manufacturer under
subsection (c) for such quarter.''; and
(2) in subsection (c)(3)--
(A) in the first sentence, by striking ``prompt pay
discounts,''; and
(B) in the second sentence, by inserting ``other
than prompt pay discounts,'' after ``other price
concessions,''.
SEC. 3. IMPROVED PAYMENT FOR ONCOLOGIST SERVICES.
(a) Findings.--Congress finds that--
(1) in 2005, the Centers for Medicare & Medicaid Services
implemented a $300 million demonstration project to identify
and assess certain oncology services in an office-based
oncology practice that positively affect cancer outcomes in the
Medicare population; and
(2) oncologists and cancer patients benefited from the
demonstration project.
(b) Continuation of Current Demonstration Project to Identify and
Assess Oncology Services That Positively Affect Cancer Outcomes.--
(1) In general.--The existing demonstration project,
developed by the Secretary of Health and Human Services
pursuant to the Secretary's authority under sections
402(a)(1)(B) and 402(a)(2) of the Social Security Amendments of
1967 and implemented in the Federal Register, ``Revisions to
Payment Policies Under the Physician Fee Schedule for Calendar
Year 2005,'' 69 Fed. Reg. 66,236 (November 15, 2004), for
purposes of identifying and assessing certain oncology services
that positively affect outcomes in the Medicare population,
shall be extended until December 31, 2006.
(2) Implementation.--The Secretary shall continue to
operate such project in the same manner as originally
implemented.
(3) Funding.--Under the demonstration project over the
duration of the project, the Secretary shall apply the
methodology and funding consistent with that established for
the existing project.
(4) Report.--Not later than July 1, 2007, the Secretary
shall submit to Congress a report on the project, together with
recommendations for such legislation and administrative action
as the Secretary determines to be appropriate.
(c) Adjustment to Physician Fee Schedule.--Section 1848(c)(2) of
the Social Security Act (42 U.S.C. 1395w-4(c)(2)) is amended--
(1) in subparagraph (B)(iv)--
(A) in subclause (II), by striking ``and'';
(B) in subclause (III), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
subclause:
``(IV) subparagraph (K) insofar as
it relates to a physician fee schedule
for 2006 shall not be taken into
account in applying clause (ii)(II) for
drug administration services under the
fee schedule for such year.''; and
(2) by adding at the end the following new subparagraph:
``(K) Adjustment in payment rates for overhead
costs.--In establishing the physician fee schedule
under subsection (b) with respect to payments for drug
administration services furnished on or after January
1, 2006, and in order to take into account overhead and
related expenses, the Secretary shall provide for an
additional payment in an amount equal to 2 percent of
the amount determined under section 1847A for the drug
administered.''.
SEC. 4. QUALITY MEASURES FOR CANCER CARE.
(a) Findings.--Congress finds that--
(1) existing quality indicators relating to the quality of
care furnished to cancer patients in physician offices are
inconsistent across practice settings and are not based on
uniform, evidence-based and consistently applied standards; and
(2) physician reimbursement should reflect improvements in
the quality of care provided.
(b) Development of Quality Indicators.--In collaboration with
practicing physicians, the Secretary of Health and Human Services shall
develop indicators for the evaluation of the quality of oncology
services provided in the physician office setting. Such indicators
shall not be implemented for any purpose unless the Secretary has
provided for an assessment of the proposed indicators by the physician
community.
(c) Pilot and Demonstration Projects.--The Secretary may conduct
pilot projects and demonstration projects to test such indicators as
appropriate.
SEC. 5. IMPROVED PATIENT PARTICIPATION IN CLINICAL TRIALS.
(a) Findings.--Congress finds that--
(1) the current report of the President's Cancer Panel has
documented the increasing incidence and costs of cancer to the
United States; and
(2) the current report of the President's Cancer Panel has
identified problems in translating research into effective
cancer care.
(b) Strategic Plan for Improved Patient Participation.--
(1) In general.--In collaboration with practicing
physicians, the Director of the National Cancer Institute shall
develop a strategic plan to increase the number of cancer
patients who enroll in clinical trials.
(2) Components of plan.--Such plan shall include components
designed to--
(A) improve patient education regarding clinical
trials;
(B) facilitate the clinical trial process; and
(C) ensure the viability of conducting clinical
research in all settings where treatment is provided.
(c) Report.--Not later than January 1, 2007, the Secretary of
Health and Human Services shall submit to Congress a report on the
strategic plan under subsection (b) together with recommendations for
such legislation and administrative action as the Secretary determines
to be appropriate.
SEC. 6. CBO REPORT.
Not later than one year after the date of the enactment of this
Act, the Director of the Congressional Budget Office shall submit to
Congress a report that describes the impact of the provisions of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173) as implemented on oncologists and other physicians
who provide cancer care and a comparison of such impact with the impact
of such law estimated by such Office before its enactment. | Community Cancer Care Preservation Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to subject to quarterly reconciliation any payments to physicians for drugs or biologicals made according to average sales price payment methodology in order to assure that they do not exceed or fall short of the actual average sales price during any preceding period.
Requires the Secretary of Health and Human Services to review all such payments in the preceding quarter and compare them to the verified average sales price reported by the manufacturer for such quarter.
Removes prompt pay discounts from the calculation of the manufacturer's average sales price.
Extends through December 31, 2006, the current demonstration project to identify and assess oncology services that positively affect cancer outcomes.
Requires the Secretary to make an additional 2% for drug administration services payment to physicians for overhead and related costs.
Directs the Secretary to develop indicators for the evaluation of the quality of oncology services provided in the physician office setting.
Requires the Director of the National Cancer Institute to develop a strategic plan to increase the number of cancer patients who enroll in clinical trials. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to preserve access to community cancer care by Medicare beneficiaries."} | 1,618 | 235 | 0.621776 | 1.765131 | 0.827501 | 4.526066 | 6.947867 | 0.924171 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``East Timor Repatriation and Security
Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) An estimated 100,000 East Timorese refugees remain in
West Timor, where they fled or were forcibly driven by militia
and members of the armed forces of the Republic of Indonesia
following the United Nations sponsored popular consultation of
August 30, 1999, in which 78.5 percent of East Timor's
population voted for independence from Indonesia.
(2) Many of the East Timorese refugees in West Timor would
like to return to East Timor but have been prevented from doing
so by militia forces operating with the cooperation of
Indonesian army elements.
(3) Hundreds of the refugees in West Timor have died from
preventable illnesses while many thousands continue to live in
a state of danger, uncertainty and severe threats, including
that of forced resettlement to other areas of Indonesia.
(4) Elements of the Indonesian army have attempted to
infiltrate armed militia members into East Timor, and
reportedly have planned a militia invasion of East Timor.
(5) Border attacks by militia groups remain a threat to
peace and stability in the region and to international
peacekeeping forces.
(6) Much of East Timor's infrastructure was destroyed in
the violence of 1999 and remains to be rebuilt.
(7) An estimated 100,000 to 200,000 of East Timor's
original population of less than 700,000 perished from the
combined effects of Indonesia's occupation of East Timor before
the violence of 1999.
(8) Thousands of East Timorese were killed in violence
perpetrated by Indonesian army elements and militia in 1999.
(9) The prospects for justice for the victims of the
violence of 1999 remain unclear.
(10) An estimated 80 percent of East Timor's population
remains unemployed and East Timor's Nobel Prize winning
Catholic Bishop, Carlos Ximenes Belo, has made a plea on their
behalf.
(11) United States funds have been committed to efforts by
the United Nations and the efforts of others to rebuild East
Timor.
(12) Communications and logistical units of the United
States Armed Forces have formed part of the international
peacekeeping forces that entered East Timor in 1999.
(13) The reform government of Indonesia, led by President
Abdurrahman Wahid and Vice President Megawati Sukarnoputri, has
made good faith commitments to end Indonesian military support
for militias and to establish a fair and transparent mechanism
to bring to justice the perpetrators of gross human rights
violations in East Timor and elsewhere, but the efforts of the
elected leadership of Indonesia have thus far been resisted,
and in some cases actively disobeyed, by elements in the
military and in the bureaucracy.
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of the Congress that the United States Government
should utilize all diplomatic and economic means to press for--
(1) the safe repatriation to East Timor of all East
Timorese in West Timor and elsewhere who wish to return to East
Timor;
(2) an end to border incidents and infiltration of militias
and an end to any other violent actions by militias and the
armed forces of the Republic of Indonesia against the people or
territory of East Timor;
(3) processes leading to justice for the victims of the
1999 violence in East Timor;
(4) rapid reconstruction of East Timor, making maximum use
of local personnel; and
(5) a significant increase in employment for East Timorese
in all internationally-sponsored reconstruction and United
Nations efforts relating to East Timor.
SEC. 4. PROHIBITION ON MILITARY RELATIONS AND ASSISTANCE TO THE ARMED
FORCES OF INDONESIA.
Notwithstanding any other provision of law, United States military
relations with, and military assistance for, the armed forces of the
Republic of Indonesia suspended by the President pursuant to the
directive of the President issued on September 9, 1999, may not be
resumed until the President determines and certifies to the Congress
that the Government of Indonesia provides for the territorial integrity
of East Timor, the security of refugees and the safety of the East
Timor population, and has brought to justice those individuals who have
committed murder, rape, torture, and other crimes against humanity in
East Timor and elsewhere.
SEC. 5. RECOGNITION OF UNITED STATES ARMED FORCES ASSISTING THE
INTERNATIONAL PEACEKEEPING OPERATION IN EAST TIMOR.
The Congress recognizes and salutes those members of the United
States Armed Forces who have assisted the international peacekeeping
operation in East Timor. | Prohibits resumption of U.S. military relations with, and military assistance for, the armed forces of the Republic of Indonesia suspended by the President on September 9, 1999, until the President certifies to Congress that the Government of Indonesia provides for: (1) the territorial integrity of East Timor; (2) the security of refugees and the safety of the East Timor population; and (3) has brought to justice those individuals who have committed murder, rape, torture, and other crimes against humanity in East Timor and elsewhere.
Recognizes and salutes those members of the U.S. Armed Forces who have assisted the international peacekeeping operation in East Timor. | {"src": "billsum_train", "title": "East Timor Repatriation and Security Act of 2000"} | 1,004 | 145 | 0.484267 | 1.580385 | 0.321953 | 6.837398 | 7.512195 | 0.96748 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Future Healthcare Act of
2016''.
SEC. 2. REFORM OF HEALTH SAVINGS ACCOUNTS.
(a) Repeal of High Deductible Health Plan Requirement.--Section
223(a) of the Internal Revenue Code of 1986 is amended to read as
follows:
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction for a taxable year an amount equal to the
aggregate amount paid in cash during such taxable year by or on behalf
of such individual to a health savings account of such individual.''.
(b) Increase in Deductible HSA Contribution Limitations.--Section
223(b)(1) of such Code is amended by striking ``the sum of the
monthly'' and all that follows through ``eligible individual'' and
inserting ``$10,000 ($20,000 in the case of a joint return)''.
(c) Medicare Eligible Individuals Eligible To Contribute to HSA.--
Section 223(b) of such Code is amended by striking paragraph (7).
(d) Purchase of Health Insurance.--Section 223(d)(2) of such Code
is amended--
(1) by striking subparagraphs (B) and (C), and
(2) in subparagraph (A) by striking ``(A) In general'' and
all that follows through ``The term'' and inserting ``The
term''.
(e) Cost-of-Living Adjustment for Catchup Contributions.--Section
223(f)(1) of such Code (as redesignated by subsection (g)(3)) is
amended by striking ``Each dollar amount in subsections (b)(2) and
(c)(2)(A)'' and inserting ``In the case of a taxable year beginning
after December 31, 2015, each dollar amount in paragraphs (1) and (2)
of subsection (b)''.
(f) Cost-of-Living Adjustment Indexed to CPI Medical Care
Component.--Section 223(f) (as so redesignated) is amended by adding at
the end the following new paragraph:
``(3) CPI medical care component.--
``(A) In general.--For purposes of paragraph (1),
the cost-of-living adjsutment determined under section
1(f)(3) for the calendar year shall be determined by
substituting `CPI medical care component' for `CPI'.
``(B) CPI medical care component.--For purposes of
subparagraph (A), the term `CPI medical care component'
means the medical care component for the Consumer Price
Index for All Urban Consumers published by the
Department of Labor.''.
(g) Conforming Amendments.--
(1) Section 223(b) of such Code is amended by striking
paragraphs (2), (5), and (8) and by redesignating paragraphs
(3), (4), and (6) as paragraphs (2), (3), and (4),
respectively.
(2) Section 223(b)(3) of such Code (as redesignated by
paragraph (1)) is amended by striking the last sentence.
(3) Section 223 of such Code is amended by striking
subsection (c) and redesignating subsections (d) through (h) as
subsections (c) through (g), respectively.
(4) Section 223(c)(1)(A) of such Code (as redesignated by
paragraph (3)) is amended--
(A) by striking ``subsection (f)(5)'' and inserting
``subsection (e)(5)'', and
(B) in clause (ii) by striking ``the sum
of--'' and all that follows and inserting ``the dollar
amount in effect under subsection (b)(1).''.
(5) Section 223(f)(1) (as redesignated by paragraph (3)) is
amended by striking ``calendar year 2003'' and inserting
``calendar year 2014''.
(6) Section 26(b)(U) of such Code is amended by striking
``section 223(f)(4)'' and inserting ``section 223(e)(4)''.
(7) Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(v),
4973(a)(5), and 6051(a)(12) of such Code are each amended by
striking ``section 223(d)'' each place it appears and inserting
``section 223(c)''.
(8) Section 106(d)(1) of such Code is amended--
(A) by striking ``who is an eligible individual (as
defined in section 223(c)(1))'', and
(B) by striking ``section 223(d)'' and inserting
``section 223(c)''.
(9) Section 408(d)(9) of such Code is amended--
(A) in subparagraph (A) by striking ``who is an
eligible individual (as defined in section 223(c))
and'', and
(B) in subparagraph (C) by striking ``computed on
the basis of the type of coverage under the high
deductible health plan covering the individual at the
time of the qualified HSA funding distribution''.
(10) Section 877A(g)(6) of such Code is amended by striking
``223(f)(4)'' and inserting ``223(e)(4)''.
(11) Section 4973(g) of such Code is amended--
(A) by striking ``section 223(d)'' and inserting
``section 223(c)'',
(B) in paragraph (2), by striking ``section
223(f)(2)'' and inserting ``section 223(e)(2)'', and
(C) by striking ``section 223(f)(3)'' and inserting
``section 223(e)(3)''.
(12) Section 4975 of such Code is amended--
(A) in subsection (c)(6)--
(i) by striking ``section 223(d)'' and
inserting ``section 223(c)'', and
(ii) by striking ``section 223(e)(2)'' and
inserting ``section 223(d)(2)'', and
(B) in subsection (e)(1)(E), by striking ``section
223(d)'' and inserting ``section 223(c)''.
(13) Section 6693(a)(2)(C) of such Code is amended by
striking ``section 223(h)'' and inserting ``section 223(g)''.
(h) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 3. HSA ROLLOVER TO MEDICARE ADVANTAGE MSA.
(a) In General.--Section 138(b)(2) of the Internal Revenue Code of
1986 is amended by striking ``or'' at the end of subparagraph (A), by
adding ``or'' at the end of subparagraph (C), and by adding at the end
the following new subparagraph:
``(C) a HSA rollover contribution described in
subsection (d)(5),''.
(b) HSA Rollover Contribution.--Section 138(c) of such Code is
amended by adding at the end the following new paragraph:
``(5) Rollover contribution.--An amount is described in
this paragraph as a rollover contribution if it meets the
requirement of subparagraphs (A) and (B).
``(A) In general.--The requirements of this
subparagraph are met in the case of an amount paid or
distributed from a health savings to the account
beneficiary to the extent the amount is received is
paid into a Medicare Advantage MSA of such beneficiary
not later than the 60th day after the day on which the
beneficiary receives the payment or distribution.
``(B) Limitation.--This paragraph shall not apply
to any amount described in subparagraph (A) received by
an individual from a health savings account if, at any
time during the 1-year period ending on the day of such
receipt, such individual received any other amount
described in subparagraph (A) from a health savings
account which was not includible in the individual's
gross income because of the application of section
223(e)(5)(A).''.
(c) Conforming Amendment.--Section 223(e)(5)(A) of such Code, as
amended by section 2, is amended by inserting ``or Medicare Advantage
MSA'' after ``into a health savings account''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015. | American Future Healthcare Act of 2016 This bill amends the Internal Revenue Code, with respect to health savings accounts (HSAs), to: repeal the requirement that an individual making a tax deductible contribution to an HSA be covered by a high deductible health care plan; increase the maximum HSA contribution level; allow Medicare eligible individuals to contribute to an HSA; allow HSAs to be used to purchase health insurance; provide a cost-of-living adjustment for the limits on additional contributions for individuals 55 or older (catch-up contributions); require the cost-of-living adjustments to be indexed to the CPI medical care component (the medical care component for the Consumer Price Index for All Urban Consumers published by the Department of Labor); and allow a rollover of HSA amounts to a Medicare Advantage Medical Savings Account (MSA). | {"src": "billsum_train", "title": "American Future Healthcare Act of 2016"} | 2,022 | 180 | 0.521989 | 1.312002 | 0.78987 | 2.378698 | 9.781065 | 0.745562 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Technical Assistance,
Resources, and Training to Unleash the Potential of Veterans Act of
2015'' or the ``STARTUP Vets Act of 2015''.
SEC. 2. FINDINGS.
Congress finds that--
(1) startups face common challenges as they seek to
transform their ideas into successful, high-growth businesses;
(2) incubators and accelerators are new models of growth
that drive innovation by connecting entrepreneurial individuals
and teams to create viable business ventures and social
initiatives;
(3) incubators and accelerators support promising start-ups
through partnerships, mentoring, and resources connecting them
with seasoned entrepreneurs;
(4) the goal of an incubator or an accelerator is to help
create and grow young businesses by providing them with
necessary financial, technical, and industry support and
financial and technical services; and
(5) veterans and members of the Armed Forces can amplify
the skills they have acquired through their service in the
military through entrepreneurship.
SEC. 3. INCUBATOR AND ACCELERATOR GRANT PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by
striking subsection (f) and inserting the following:
``(f) Incubator and Accelerator Grant Program.--
``(1) Definitions.--In this subsection--
``(A) the term `accelerator' means an organization
that--
``(i) frequently provides, but is not
exclusively designed to provide, seed
investment in exchange for a small amount of
equity;
``(ii) works with a startup for
predetermined amount of time; or
``(iii) offers startups capital and
mentorship to scale businesses;
``(B) the term `covered individual' means--
``(i) a member of the Armed Forces, without
regard to whether the member is participating
in the Transition Assistance Program of the
Department of Defense;
``(ii) an individual who is participating
in the Transition Assistance Program of the
Department of Defense;
``(iii) an individual who--
``(I) served on active duty in any
branch of the Armed Forces, including
the National Guard and Reserves; and
``(II) was discharged or released
from such service under conditions
other than dishonorable; and
``(iv) a spouse or dependent of an
individual described in clause (i), (ii), or
(iii);
``(C) the term `eligible grantee' means an
incubator or accelerator that--
``(i) has a physical space, and not
necessarily exclusive use of physical space, in
which veterans may come together to work on
business ideas; and
``(ii) has been operational for not less
than 1 year before receiving a grant under the
program;
``(D) the term `incubator' means an organization
that is designed to accelerate the growth and success
of businesses through a variety of business support
resources and services, including physical space,
capital, coaching, common services, and networking
connections; and
``(E) the term `program' means the grant program
established under paragraph (2)(A).
``(2) Establishment.--
``(A) In general.--Not later than 180 days after
the date of enactment of this subsection, the
Administrator shall establish a grant program under
which the Administrator shall make grants to eligible
grantees to create and operate incubators and
accelerators that provide technical assistance and
training to covered individuals on how to become
successful entrepreneurs and form small business
concerns.
``(B) Goals.--The goals of the program are--
``(i) to enable covered individuals to
effectively transfer relevant skills to launch
and accelerate small business concerns owned
and controlled by covered individuals; and
``(ii) to create an avenue for high-
performing covered individuals to meet and
collaborate on business ideas.
``(C) Designation as a technical assistance
program.--The program shall be considered a management
and technical assistance training program of the
Administration.
``(3) Application.--
``(A) In general.--An eligible grantee desiring to
receive a grant under the program shall submit an
application to the Administrator at such time, in such
manner, and containing such information as the
Administrator may require.
``(B) Evaluation.--Before making an award to an
eligible grantee under the program, the Administrator
or a designee of the Administrator shall conduct a site
visit or evaluate a video submission of the eligible
grantee.
``(C) Preference.--In awarding grants under the
program, the Administrator shall give a preference to
an eligible grantee that operates a veterans-focused
incubator or accelerator within the eligible grantee as
of the date on which the eligible grantee submits an
application under subparagraph (A).
``(4) Use of funds.--Each eligible grantee that is awarded
a grant under the program shall operate and, if necessary,
create, within the eligible grantee--
``(A) an incubator or accelerator focused on
assisting covered individuals; or
``(B) an incubator or accelerator that assists all
types of entrepreneurs, which shall provide targeted
activities, curriculum, events, and mentorship tailored
to covered individuals.
``(5) Duties.--Each eligible grantee awarded a grant under
the program shall--
``(A) establish and use a competitive process, if
such a process has not been established, for selecting
covered individuals to participate in the incubator or
accelerator, as applicable;
``(B) create a forum for high-performing covered
individuals to meet and collaborate;
``(C) designate a full-time executive director or
program manager, if such a director or manager has not
been designated, to manage the incubator or
accelerator, as applicable;
``(D) provide training and education, including
curriculum on entrepreneurship, to meet the needs of
covered individuals to enable them to translate skills
from their military service to entrepreneurship;
``(E) provide mentoring to covered individuals who
are entrepreneurs, which shall consist of experienced
and successful entrepreneurs providing advice and
guidance to covered individuals who have had similar
experiences; and
``(F) connect covered individuals with investors
who are looking to support covered individuals as
entrepreneurs.
``(6) Availability to veterans affairs.--In consultation
with the Secretary of Veterans Affairs, the Associate
Administrator shall make available outreach materials regarding
the program for distribution and display at local facilities of
the Department of Veterans Affairs.
``(7) Duration of grant.--A grant awarded under the
program--
``(A) shall be for a period of not more than 2
years; and
``(B) may be renewed for additional 2-year periods
in accordance with paragraph (8).
``(8) Renewal of grant.--In renewing a grant under the
program, the Administrator--
``(A) shall consider the results of the most recent
annual evaluation of the eligible grantee under
paragraph (9); and
``(B) may withhold a grant if the Administrator
determines that the eligible grantee failed to provide
the Administrator with information necessary to
complete an annual evaluation of the eligible grantee
under paragraph (9).
``(9) Annual evaluations.--Not later than 1 year after the
Administrator awards a grant to an eligible grantee under the
program, and every year thereafter in which the eligible
grantee is awarded a grant under the program, the Administrator
shall conduct an evaluation of and issue a report on the
eligible grantee, which shall include--
``(A) the total number of covered individuals
served by the eligible grantee; and
``(B) the total number of startups assisted by the
eligible grantee.
``(10) Annual report.--
``(A) In general.--Not later than 1 year after the
date on which the Administrator establishes the
program, and every year thereafter, the Associate
Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of
Representatives a report on the performance and
effectiveness of the program, which shall include--
``(i) the total number of covered
individuals served by each eligible grantee
awarded a grant under the program;
``(ii) to the extent possible--
``(I) the demographics of covered
individuals assisted under the program,
to include gender, age, race,
relationship to military, Military
Occupational Code, and years of service
of covered individuals;
``(II) the number of startups
launched or expanded with assistance
provided under the program; and
``(III) the number of jobs created
with assistance provided under the
program;
``(iii) results of participant satisfaction
surveys, including a summary of any comments
from covered individuals assisted under the
program; and
``(iv) an evaluation of the effectiveness
of the program in each region of the
Administration during the most recent fiscal
year.
``(11) Funding.--For each of fiscal years 2016 through
2020, the Administration shall use not more than $1,000,000
from amounts made available to the Office of Veterans Business
Development to carry out the program.''. | Strengthening Technical Assistance, Resources, and Training to Unleash the Potential of Veterans Act of 2015 or the STARTUP Vets Act of 2015 This bill amends the Small Business Act to require the Small Business Administration (SBA) to make two-year renewable grants to create and operate incubators and accelerators that provide technical assistance and training to covered individuals on how to become successful entrepreneurs and form small business concerns. Such program shall be considered an SBA management and technical assistance training program. Program outreach materials shall be made available at local Department of Veterans Affairs facilities. "Covered individual" means: a member of the Armed Forces, without regard to whether he or she participates in the Transition Assistance Program of the Department of Defense; an individual who is participating in the Transition Assistance Program; an individual who served on active duty in any branch of the Armed Forces, including the National Guard and Reserves, and was discharged or released under conditions other than dishonorable; and a spouse or dependent. | {"src": "billsum_train", "title": "STARTUP Vets Act of 2015"} | 2,015 | 214 | 0.696844 | 2.032922 | 0.803946 | 4.473958 | 10.098958 | 0.911458 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defending U.S. Government
Communications Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In its 2011 ``Annual Report to Congress on Military and
Security Developments Involving the People's Republic of
China'', the Department of Defense stated that, ``China's
defense industry has benefited from integration with a rapidly
expanding civilian economy and science and technology sector,
particularly elements that have access to foreign technology.
Progress within individual defense sectors appears linked to
the relative integration of each, through China's civilian
economy, into the global production and R&D chain . . .
Information technology companies in particular, including
Huawei, Datang, and Zhongxing, maintain close ties to the
PLA.''.
(2) In a 2011 report titled ``The National Security
Implications of Investments and Products from the People's
Republic of China in the Telecommunications Sector'', the
United States China Commission stated that ``[n]ational
security concerns have accompanied the dramatic growth of
China's telecom sector. . . . Additionally, large Chinese
companies - particularly those `national champions' prominent
in China's `going out' strategy of overseas expansion - are
directly subject to direction by the Chinese Communist Party,
to include support for PRC state policies and goals.''.
(3) The Commission further stated in its report that
``[f]rom this point of view, the clear economic benefits of
foreign investment in the U.S. must be weighed against the
potential security concerns related to infrastructure
components coming under the control of foreign entities. This
seems particularly applicable in the telecommunications
industry, as Chinese companies continue systematically to
acquire significant holdings in prominent global and U.S.
telecommunications and information technology companies.''.
(4) In its 2011 Annual Report to Congress, the United
States China Commission stated that ``[t]he extent of the
state's control of the Chinese economy is difficult to quantify
. . . There is also a category of companies that, though
claiming to be private, are subject to state influence. Such
companies are often in new markets with no established SOE
leaders and enjoy favorable government policies that support
their development while posing obstacles to foreign
competition. Examples include Chinese telecoms giant Huawei and
such automotive companies as battery maker BYD and vehicle
manufacturers Geely and Chery.''.
(5) General Michael Hayden, who served as Director of the
Central Intelligence Agency and Director of the National
Security Agency, stated in July 2013 that Huawei had ``shared
with the Chinese state intimate and extensive knowledge of
foreign telecommunications systems it is involved with.''.
(6) The Federal Bureau of Investigation, in a February 2015
Counterintelligence Strategy Partnership Intelligence Note
stated that, ``[w]ith the expanded use of Huawei Technologies
Inc. equipment and services in U.S. telecommunications service
provider networks, the Chinese Government's potential access to
U.S. business communications is dramatically increasing.
Chinese Government-supported telecommunications equipment on
U.S. networks may be exploited through Chinese cyber activity,
with China's intelligence services operating as an advanced
persistent threat to U.S. networks.''.
(7) The FBI further stated in its February 2015
counterintelligence note that, ``China makes no secret that its
cyber warfare strategy is predicated on controlling global
communications network infrastructure.''.
(8) At a hearing before the Committee on Armed Services of
the House of Representatives on September 30, 2015, Deputy
Secretary of Defense Robert Work, responding to a question
about the use of Huawei telecommunications equipment, stated,
``In the Office of the Secretary of Defense, absolutely not.
And I know of no other--I don't believe we operate in the
Pentagon, any [Huawei] systems in the Pentagon.''.
(9) At such hearing, the Commander of the United States
Cyber Command, Admiral Mike Rogers, responding to a question
about why such Huawei telecommunications equipment is not used,
stated, ``as we look at supply chain and we look at potential
vulnerabilities within the system, that it is a risk we felt
was unacceptable.''.
(10) In March 2017, ZTE Corporation pled guilty to
conspiring to violate the International Emergency Economic
Powers Act by illegally shipping U.S.-origin items to Iran,
paying the United States Government a penalty of $892,360,064
dollars for activity between January 2010 and January 2016.
(11) The Treasury Department's Office of Foreign Assets
Control issued a subpoena to Huawei as part of a Federal
investigation of alleged violations of trade restrictions on
Cuba, Iran, Sudan, and Syria.
(12) In the bipartisan House Permanent Select Committee on
Intelligence ``Investigative Report on the United States
National Security Issues Posed by Chinese Telecommunication
Companies Huawei and ZTE'' released in 2012, it was recommended
that ``U.S. government systems, particularly sensitive systems,
should not include Huawei or ZTE equipment, including in
component parts. Similarly, government contractors -
particularly those working on contracts for sensitive U.S.
programs - should exclude ZTE or Huawei equipment in their
systems.''.
SEC. 3. PROHIBITION ON CERTAIN TELECOMMUNICATIONS SERVICES OR
EQUIPMENT.
(a) Prohibition on Agency Use or Procurement.--The head of an
agency may not procure or obtain, may not extend or renew a contract to
procure or obtain, and may not enter into a contract (or extend or
renew a contract) with an entity that uses any equipment, system, or
service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical
technology as part of any system.
(b) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Covered foreign country.--The term ``covered foreign
country'' means the People's Republic of China.
(3) Covered telecommunications equipment or services.--The
term ``covered telecommunications equipment or services'' means
any of the following:
(A) Telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any
subsidiary or affiliate of such entities).
(B) Telecommunications services provided by such
entities or using such equipment.
(C) Telecommunications equipment or services
produced or provided by an entity that the head of the
relevant agency reasonably believes to be an entity
owned or controlled by, or otherwise connected to, the
government of a covered foreign country. | Defending U.S. Government Communications Act This bill prohibits federal agencies from procuring or obtaining, renewing or extending a contract to obtain or procure, or entering into a contract with an entity that uses any equipment, system, or service with telecommunications equipment or services as a substantial or essential component of any system that is from Huawei Technologies Company, ZTE Corporation, or an entity reasonably believed to be owned or controlled by China. | {"src": "billsum_train", "title": "Defending U.S. Government Communications Act"} | 1,474 | 105 | 0.357939 | 1.080818 | 0.622826 | 3.538462 | 17.153846 | 0.871795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physical Activity Guidelines for
Americans Act of 2008''.
SEC. 2. ESTABLISHMENT OF PHYSICAL ACTIVITY GUIDELINES.
(a) Report.--
(1) In general.--At least every 5 years, the Secretary of
Health and Human Services (in this Act referred to as the
``Secretary'') shall publish a report entitled ``Physical
Activity Guidelines for Americans''. Each such report shall
contain physical activity information and guidelines for the
general public, and shall be promoted by each Federal agency in
carrying out any Federal health program.
(2) Basis of guidelines.--The information and guidelines
contained in each report required under paragraph (1) shall be
based on the preponderance of the scientific and medical
knowledge which is current at the time the report is prepared.
(b) Approval by Secretary.--
(1) Review.--Any Federal agency that proposes to issue any
physical activity guidance for the general population or
identified population subgroups shall submit the text of such
guidance to the Secretary for a 60-day review period.
(2) Basis of review.--
(A) In general.--During the 60-day review period
established in paragraph (1), the Secretary shall
review and approve or disapprove such guidance to
assure that the guidance either is consistent with the
``Physical Activity Guidelines for Americans'' or that
the guidance is based on medical or new scientific
knowledge which is determined to be valid by the
Secretary. If after such 60-day review period the
Secretary has not notified the proposing agency that
such guidance has been disapproved, then such guidance
may be issued by the agency. If the Secretary
disapproves such guidance, it shall be returned to the
agency. If the Secretary finds that such guidance is
inconsistent with the ``Physical Activity Guidelines
for Americans'' and so notifies the proposing agency,
such agency shall follow the procedures set forth in
this subsection before disseminating such proposal to
the public in final form. If after such 60-day period,
the Secretary disapproves such guidance as inconsistent
with the ``Physical Activity Guidelines for Americans''
the proposing agency shall--
(i) publish a notice in the Federal
Register of the availability of the full text
of the proposal and the preamble of such
proposal which shall explain the basis and
purpose for the proposed physical activity
guidance;
(ii) provide in such notice for a public
comment period of 30 days; and
(iii) make available for public inspection
and copying during normal business hours any
comment received by the agency during such
comment period.
(B) Review of comments.--After review of comments
received during the comment period, the Secretary may
approve for dissemination by the proposing agency a
final version of such physical activity guidance along
with an explanation of the basis and purpose for the
final guidance which addresses significant and
substantive comments as determined by the proposing
agency.
(C) Announcement.--Any such final physical activity
guidance to be disseminated under subparagraph (B)
shall be announced in a notice published in the Federal
Register, before public dissemination along with an
address where copies may be obtained.
(D) Notification of disapproval.--If after the 30-
day period for comment as provided under subparagraph
(A)(ii), the Secretary disapproves a proposed physical
activity guidance, the Secretary shall notify the
Federal agency submitting such guidance of such
disapproval, and such guidance may not be issued,
except as provided in subparagraph (E).
(E) Review of disapproval.--If a proposed physical
activity guidance is disapproved by the Secretary under
subparagraph (D), the Federal agency proposing such
guidance may, within 15 days after receiving
notification of such disapproval under subparagraph
(D), request the Secretary to review such disapproval.
Within 15 days after receiving a request for such a
review, the Secretary shall conduct such review. If,
pursuant to such review, the Secretary approves such
proposed physical activity guidance, such guidance may
be issued by the Federal agency.
(3) Definitions.--In this subsection:
(A) The term ``physical activity guidance for the
general population'' does not include any rule or
regulation issued by a Federal agency.
(B) The term ``identified population subgroups''
shall include, but not be limited to, groups based on
factors such as age, sex, race, or physical disability.
(c) Existing Authority Not Affected.--This section does not place
any limitations on--
(1) the conduct or support of any scientific or medical
research by any Federal agency; or
(2) the presentation of any scientific or medical findings
or the exchange or review of scientific or medical information
by any Federal agency. | Physical Activity Guidelines for Americans Act of 2008 - Requires the Secretary of Health and Human Services to publish a report that contains physical activity information and guidelines for the general public that are based on the preponderance of current scientific and medical knowledge. Requires any federal agency that proposes to issue any physical activity guidance for the general population or identified subgroups to submit the text of such guidance to the Secretary for review. Prescribes review procedures. | {"src": "billsum_train", "title": "To direct the Secretary of Health and Human Services to publish physical activity guidelines for the general public, and for other purposes."} | 1,043 | 99 | 0.657223 | 1.578389 | 1.201968 | 3.950617 | 12 | 0.938272 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telemarketing Relief Act of 2002''.
SEC. 2. ESTABLISHMENT OF TELEMARKETER NO-CALL LIST BY FEDERAL TRADE
COMMISSION.
Not later than 180 days after the date of the enactment of this
Act, the Federal Trade Commission shall amend its rules under section
3(a) of the Telemarketing and Consumer Fraud and Abuse Prevention Act
(15 U.S.C. 6102(a)), to--
(1) establish a list of telephone numbers of consumers who
have notified the Commission or a Federal agency referred to in
section 3 that they do not want to receive telephone calls for
telemarketing purposes;
(2) specify the manner by which consumers shall notify the
Commission for purposes of paragraph (1);
(3) make the list under paragraph (1) available to the
public; and
(4) subject to section 3, prohibit, as a deceptive or
abusive telemarketing act or practice, the making of any
telephone call for telemarketing purposes to a telephone number
included on the list under paragraph (2).
SEC. 3. RULES BY OTHER FEDERAL AGENCIES.
(a) In General.--Not later than 90 days after the effective date of
rules issued under section 2, and subject to subsection (c)--
(1) the Securities and Exchange Commission shall amend its
rules under section 3(d) of the Telemarketing and Consumer
Fraud and Abuse Prevention Act (15 U.S.C. 6102(d)) in
substantially the same manner as the Federal Trade Commission
amends its rules pursuant to subsection (a) of this section,
subject to the exception set forth in section 3(d)(1)(B) of
that Act;
(2) the Commodity Futures Trading Commission shall amend
its rules under section 6(f) of the Commodity Exchange Act (7
U.S.C. 9b), in substantially the same such manner, subject to
the exceptions set forth in paragraph (2) of that section; and
(3) the Board of Governors of the Federal Reserve System,
the Federal Home Loan Bank Board, and the National Credit Union
Administration Board shall each amend its rules under section
18(f) of the Federal Trade Commission Act (15 U.S.C. 57a) in
substantially the same such manner, subject to the exceptions
set forth in clauses (A) and (B) of paragraph (1) of that
section.
(b) Federal Communication Commission Rules.--
(1) Promulgation.--
(A) In general.--Except as provided in subparagraph
(B), and subject to subsection (c), not later than 90
days after the effective date of rules promulgated by
the Federal Trade Commission under section 2, the
Federal Communications Commission shall promulgate
rules substantially similar to such rules to prohibit
deceptive and other abusive telemarketing acts or
practices by persons described in paragraph (2).
(B) Exception.--The Federal Communications
Commission is not required to promulgate a rule under
subparagraph (A) if it determines that--
(i) rules adopted by the Federal
Communications Commission provide protection
from deceptive and other abusive telemarketing
by persons described in paragraph (2)
substantially similar to that provided by rules
promulgated by the Federal Trade Commission
under section 2; or
(ii) such a rule promulgated by the Federal
Communications Commission is not necessary or
appropriate in the public interest, or for the
protection of consumers.
(C) Publication of determination.--If the Federal
Communications Commission determines that an exception
described in clause (i) or (ii) of subparagraph (B)
applies, the Federal Communications Commission shall
publish in the Federal Register its determination with
the reasons for it.
(2) Application.--The rules promulgated by the Federal
Communications Commission under paragraph (1)(A) shall apply to
a provider of telephone exchange service or telephone toll
service as defined under section 3 of the Communications Act of
1934 (47 U.S.C. 153).
(3) Enforcement.--Rules issued by the Federal
Communications Commission under this Act shall be enforced by
the Federal Communications Commission in the same manner as
rules issued by the Commission under the Communications Act of
1934 (47 U.S.C. 151 et seq.)
(c) Enforcement of No-Call List Maintained by Federal Trade
Commission.--Rules issued under this section shall prohibit the making
of any telephone call for telemarketing purposes to a telephone number
included on the list established and published by the Federal Trade
Commission under section 2.
(d) Provision of List to Federal Trade Commission.--Each Federal
agency referred to in subsection (a) or (b) shall promptly provide to
the Federal Trade Commission the list of telephone numbers established
by the agency pursuant to section 2(1), and any revisions to such list.
SEC. 4. EXCEPTIONS.
The rules under this Act shall not prohibit use of a telephone
number of a consumer for any of the following:
(1) Charitable, political opinion polling, or other
nonprofit activities.
(2) Use with the consumer's prior written or verbal
permission.
(3) Contacting a consumer in response to the consumer's
visit to an establishment with a fixed location.
(4) Use primarily in connection with an existing debt of
the consumer or contract with the consumer that has not been
paid or performed, respectively.
(5) Communication by a person with the consumer regarding
an existing relationship between the person and the consumer.
(6) Compilation, by a provider of telephone exchange
service or telephone toll service as defined under section 3 of
the Communications Act of 1934 (47 U.S.C. 153), of a directory
of telephone numbers of that provider.
(7) Use by one business to communicate with another
business. | Telemarketing Relief Act of 2002 - Requires the Federal Trade Commission (FTC) to amend rules established under the Telemarketing and Consumer Fraud and Abuse Prevention Act to: (1) establish a list of phone numbers of consumers who have notified the FTC or an entity specified below that they do not wish to receive telemarketing calls; (2) specify the manner of such notification; (3) make such list available to the public; and (4) prohibit, as a deceptive or abusive telemarketing act or practice, the making of any telemarketing call to a number so listed.Requires the following entities to amend their rules in substantially the same manner: (1) the Securities and Exchange Commission; (2) the Commodity Futures Trading Commission; (3) the Federal Reserve System; (4) the Federal Home Loan Bank Board; and (5) the National Credit Union Administration.Provides exceptions to the rules amended under this Act, including for: (1) charitable, political opinion polling, or other nonprofit activities; and (2) calls made with the consumer's prior written or verbal permission. | {"src": "billsum_train", "title": "To direct the Federal Trade Commission to issue rules that establish a list of telephone numbers of consumers who do not want to receive telephone calls for telemarketing purposes, and for other purposes."} | 1,245 | 229 | 0.716786 | 2.126405 | 0.789519 | 4.361502 | 5.394366 | 0.915493 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Ape Protection and Cost
Savings Act of 2011''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) chimpanzees are the only great apes currently used in
invasive research in the United States;
(2)(A) as of the date of introduction of this Act, there
are approximately 1,000 chimpanzees housed in laboratories in
the United States;
(B) more than \1/2\ of these chimpanzees are owned by the
Federal Government; and
(C) the vast majority are financially supported by the
Federal Government;
(3) great apes are highly intelligent and social animals;
(4) research laboratory environments involving invasive
research cannot meet the complex physical, social, and
psychological needs of great apes;
(5) invasive research performed on great apes, and the
breeding, housing, maintenance, and transport of great apes for
these purposes, are economic in nature and substantially affect
interstate commerce;
(6) maintaining great apes in laboratories costs the
Federal Government more than caring for great apes in suitable
sanctuaries that are specifically designed to provide adequate
lifetime care for great apes; and
(7) the National Research Council report entitled
``Chimpanzees in Research--Strategies for their Ethical Care,
Management, and Use'' concluded that--
(A) there is a ``moral responsibility'' for the
long-term care of chimpanzees used for scientific
research;
(B) there should be a moratorium on further
chimpanzee breeding;
(C) euthanasia should not be used as a means to
control the size of the great ape population; and
(D) sanctuaries should be created to house
chimpanzees in a manner consistent with high standards
of lifetime care, social enrichment, and cognitive
development.
(b) Purposes.--The purposes of this Act are to--
(1) phase out invasive research on great apes and the use
of Federal funding of such research, both within and outside of
the United States;
(2) prohibit the transport of great apes for purposes of
invasive research;
(3) prohibit the breeding of great apes for purposes of
invasive research; and
(4) require the provision of lifetime care of great apes
who are owned by or under the control of the Federal Government
in a suitable sanctuary through the permanent retirement of the
apes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Assigned to an active protocol.--The term ``assigned to
an active protocol'' means that a great ape is supported by, or
used pursuant to, public or private funding that requires
invasive research.
(2) Great ape.--The term ``great ape'' means any individual
of the following species:
(A) Chimpanzee (Pan troglodytes).
(B) Bonobo (Pan paniscus).
(C) Gorilla (Gorilla gorilla or Gorilla beringei).
(D) Orangutan (Pongo pygmaeus or Pongo abelii).
(E) Gibbon (Family Hylobatidae).
(3) Invasive research.--
(A) In general.--The term ``invasive research''
means any research that may cause death, injury, pain,
distress, fear, or trauma to a great ape, including--
(i) the testing of any drug or intentional
exposure to a substance that may be detrimental
to the health or psychological well-being of a
great ape;
(ii) research that involves penetrating or
cutting the body or removing body parts,
restraining, tranquilizing, or anesthetizing a
great ape; or
(iii) isolation, social deprivation, or
other experimental manipulations that may be
detrimental to the health or psychological
well-being of a great ape.
(B) Exclusions.--
(i) In general.--The term ``invasive
research'' does not include--
(I) close observation of natural or
voluntary behavior of a great ape, if
the research does not require an
anesthetic or sedation event to collect
data or record observations;
(II) the temporary separation of a
great ape from the social group of the
great ape, leaving and returning by the
own volition of the great ape;
(III) post-mortem examination of a
great ape that was not killed for the
purpose of examination or research; and
(IV) the administration of a
physical exam by a licensed
veterinarian or physician conducted for
the well-being of the individual great
ape.
(ii) Physical exam.--A physical exam
conducted for the well-being of an individual
great ape, as described in clause (i)(IV), may
include the collection of biological samples to
further the well-being of the individual great
ape, the social group of the great ape, or the
great ape species.
(4) Permanent retirement.--
(A) In general.--The term ``permanent retirement''
means a situation in which--
(i) a great ape is placed in a suitable
sanctuary that will provide for the lifetime
care of the great ape; and
(ii) the great ape will no longer be used
in invasive research.
(B) Exclusion.--The term ``permanent retirement''
does not include euthanasia.
(5) Person.--The term ``person'' means--
(A) an individual, corporation, partnership, trust,
association, or any other private or not-for-profit
entity;
(B) any officer, employee, agent, department, or
instrumentality of the Federal Government, a State,
municipality, or political subdivision of a State; or
(C) any other entity subject to the jurisdiction of
the United States.
(6) Suitable sanctuary.--The term ``suitable sanctuary''
means--
(A) a sanctuary that meets or exceeds the standards
of care for chimpanzees held in the federally supported
sanctuary system, as defined in part 9 of title 42,
Code of Federal Regulations; or
(B) a wildlife sanctuary that is a nonprofit
organization that--
(i) operates a place of refuge where
abused, neglected, unwanted, impounded,
abandoned, orphaned, displaced, or retired
animals are provided care for the lifetime of
the animal;
(ii) does not conduct invasive research on
animals;
(iii) does not conduct any commercial
activity with animals, including, at a minimum,
sale, trade, auction, lease, or loan of animals
or animal parts, or use of animals in any
manner in a for-profit business or operation;
(iv) does not use animals for entertainment
purposes or in a traveling exhibit;
(v) does not breed any animals, whether
intentionally or by failing to use adequate
birth control methods; and
(vi) does not allow members of the public
the opportunity to come into physical contact
with the animals.
SEC. 4. PROHIBITIONS.
(a) Invasive Research Prohibited.--No person shall conduct invasive
research on a great ape.
(b) Housing for Invasive Research Prohibited.--No person shall
possess, maintain, or house a great ape for the purpose of conducting
invasive research.
(c) Federal Funding for Invasive Research Prohibited.--No Federal
funds may be used to conduct invasive research on a great ape or to
support an entity conducting or facilitating invasive research on a
great ape either within or outside of the United States.
(d) Breeding for Invasive Research Prohibited.--No person shall
knowingly breed a great ape for the purpose of conducting or
facilitating invasive research.
(e) Transport for Invasive Research Prohibited.--No person shall
transport, move, deliver, receive, lease, rent, donate, purchase, sell,
or borrow a great ape in interstate or foreign commerce for the purpose
of conducting or facilitating invasive research on a great ape.
(f) Transfer of Ownership Prohibited.--No Federal agency may
transfer ownership of a great ape to a non-Federal entity unless the
entity is a suitable sanctuary.
(g) Exemption.--Nothing in this Act limits or prevents
individualized medical care performed on a great ape by a licensed
veterinarian or physician for the well-being of the great ape,
including surgical procedures or chemical treatments for birth control.
SEC. 5. RETIREMENT.
Notwithstanding any other provision of law, not later than 3 years
after the date of enactment of this Act, the Secretary of Health and
Human Services shall effectuate the permanent retirement of all great
apes owned by the Federal Government that are being maintained in any
facility for the purpose of breeding for, holding for, or conducting
invasive research.
SEC. 6. CIVIL PENALTIES.
(a) In General.--In addition to any other penalties that may apply
under law, any person who violates any provision of this Act shall be
assessed a civil penalty of not more than $10,000 for each violation.
(b) Multiple Violations.--Each day that a violation of this Act
continues shall constitute a separate offense.
SEC. 7. GREAT APE SANCTUARY SYSTEM FUND.
(a) Establishment of Fund.--There is established in the Treasury of
the United States a fund to be known as the ``Great Ape Sanctuary
System Fund'' (referred to in this section as the ``Fund''), to be
administered by the Secretary of Health and Human Services, to be
available without fiscal year limitation and not subject to
appropriation, for construction, renovation, and operation of the
sanctuary system established pursuant to section 481C of the Public
Health Service Act (42 U.S.C. 287a-3a).
(b) Transfers to Fund.--
(1) In general.--The Fund shall consist of--
(A) such amounts as are appropriated to the Fund
under paragraph (2); and
(B) such other amounts as are appropriated to the
Fund under this Act.
(2) Civil penalties.--There are appropriated to the Fund,
out of funds of the Treasury not otherwise appropriated,
amounts equivalent to amounts collected as penalties and
received in the Treasury under section 6.
(c) Prohibition.--Amounts in the Fund may not be made available for
any purpose other than a purpose described in subsection (a).
(d) Annual Reports.--
(1) In general.--Not later than 60 days after the end of
each fiscal year beginning with fiscal year 2012, the Secretary
of Health and Human Services shall submit to the appropriate
committees of Congress a report on the operation of the Fund
during the fiscal year.
(2) Contents.--Each report shall include, for the fiscal
year covered by the report, the following:
(A) A statement of the amounts deposited into the
Fund.
(B) A description of the expenditures made from the
Fund for the fiscal year, including the purpose of the
expenditures.
(C) Recommendations for additional authorities to
fulfill the purpose of the Fund.
(D) A statement of the balance remaining in the
Fund at the end of the fiscal year.
SEC. 8. EFFECTIVE DATES.
(a) Prohibition on Research.--The prohibition under section (4)(a)
shall take effect--
(1) on the date that is 3 years after the date of enactment
of this Act for great apes assigned to an active protocol on
the date of enactment of this Act; or
(2) on the date of enactment of this Act for great apes not
assigned to an active protocol on that date.
(b) Prohibition on Housing and Funding.--The prohibitions under
subsections (b) and (c) of section 4 shall take effect on the date that
is 3 years after the date of enactment of this Act.
(c) Other Requirements.--Any provision of this Act for which a
specific effective date is not provided shall take effect on the date
of enactment of this Act.
SEC. 9. SEVERABILITY.
In the event that any provision of this Act shall, for any reason,
be held to be invalid or unenforceable in any respect, such invalidity
or unenforceability shall not affect any other provision of this Act,
and this Act shall be construed as if the invalid or unenforceable
provision had never been included in this Act. | Great Ape Protection and Cost Savings Act of 2011 - Prohibits: (1) conducting invasive research on great apes; (2) possessing, maintaining, or housing a great ape for the purpose of conducting invasive research; (3) using federal funds to conduct such research on a great ape or to support an entity conducting or facilitating invasive research on a great ape either within or outside of the United States; (4) knowingly breeding a great ape for the purpose of conducting or facilitating such research; (5) transporting, moving, delivering receiving, leasing, renting, donating, purchasing, selling, or borrowing a great ape in interstate or foreign commerce for conducting or facilitating such research; and (6) transferring federal ownership of a great ape to a non-federal entity unless the entity is a suitable sanctuary.
Defines "great ape" as any chimpanzee, bonobo, gorilla, orangutan, or gibbon.
Defines "invasive research" as research that may cause death, injury, pain, distress, fear, or trauma to great apes, including drug testing or exposure to a substance or isolation, social deprivation, or other experimental manipulations that may be detrimental to the ape's health or psychological well-being.
Requires the Secretary of Health and Human Services (HHS) to effectuate the permanent retirement of all great apes that are owned by the federal government and that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research.
Sets forth civil penalties for violations of this Act.
Establishes in the Treasury the Great Ape Sanctuary System Fund to be administered by the Secretary for construction, renovation, and operation of the sanctuary system for surplus chimpanzees. | {"src": "billsum_train", "title": "To prohibit the conducting of invasive research on great apes, and for other purposes."} | 2,867 | 411 | 0.647193 | 2.192872 | 0.795919 | 4.846608 | 7.312684 | 0.899705 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alcohol Tax Equalization Act of
1997''.
SEC. 2. INCREASE IN EXCISE TAXES ON WINE AND BEER TO ALCOHOLIC
EQUIVALENT OF TAXES ON DISTILLED SPIRITS.
(a) Wine.--
(1) Wines containing not more than 14 percent alcohol.--
Paragraph (1) of section 5041(b) of the Internal Revenue Code
of 1986 (relating to rates of tax on wines) is amended by
striking ``$1.07'' and inserting ``$2.97''.
(2) Wines containing more than 14 (but not more than 21)
percent alcohol.--Paragraph (2) of section 5041(b) of such Code
is amended by striking ``$1.57'' and inserting ``$4.86''.
(3) Wines containing more than 21 (but not more than 24)
percent alcohol.--Paragraph (3) of section 5041(b) of such Code
is amended by striking ``$3.15'' and inserting ``$6.08''.
(b) Beer.--
(1) In general.--Paragraph (1) of section 5051(a) of such
Code (relating to imposition and rate of tax on beer) is
amended by striking ``$18'' and inserting ``$37.67''.
(2) Small brewers.--Subparagraph (A) of section 5051(a)(2)
of such Code (relating to reduced rate for certain domestic
production) is amended by striking ``$7'' each place it appears
and inserting ``$26.67''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 1998.
(d) Floor Stocks Taxes.--
(1) Imposition of tax.--
(A) In general.--In the case of any tax-increased
article--
(i) on which tax was determined under part
I of subchapter A of chapter 51 of the Internal
Revenue Code of 1986 or section 7652 of such
Code before January 1, 1998, and
(ii) which is held on such date for sale by
any person,
there shall be imposed a tax at the applicable rate on
each such article.
(B) Applicable rate.--For purposes of clause (i),
the applicable rate is--
(i) $1.90 per wine gallon in the case of
wine described in paragraph (1) of section
5041(b) of such Code,
(ii) $3.29 per wine gallon in the case of
wine described in paragraph (2) of section
5041(b) of such Code,
(iii) $2.93 per wine gallon in the case of
wine described in paragraph (3) of section
5041(b) of such Code, and
(iv) $19.67 per barrel in the case of beer.
In the case of a fraction of a gallon or barrel, the
tax imposed by subparagraph (A) shall be the same
fraction of the amount of such tax imposed on a whole
gallon or barrel.
(C) Tax-increased article.--For purposes of this
subsection, the term ``tax-increased article'' means
wine described in paragraph (1), (2), or (3) of section
5041(b) of such Code and beer.
(2) Exception for certain small wholesale or retail
dealers.--No tax shall be imposed by paragraph (1) on tax-
increased articles held on January 1, 1998, by any dealer if--
(A) the aggregate liquid volume of tax-increased
articles held by such dealer on such date does not
exceed 500 wine gallons, and
(B) such dealer 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 subparagraph.
(3) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding any tax-
increased article on January 1, 1998, to which the tax
imposed by paragraph (1) applies shall be liable for
such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid in such manner as the
Secretary shall prescribe by regulations.
(C) Time for payment.--The tax imposed by paragraph
(1) shall be paid on or before June 30, 1998.
(4) Controlled groups.--
(A) Corporations.--In the case of a controlled
group of corporations, the 500 wine gallon amount
specified in paragraph (2) shall be apportioned among
the dealers who are component members of such group in
such manner as the Secretary shall by regulations
prescribe. For purposes of the preceding sentence, the
term ``controlled group of corporations'' 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 dealers under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of dealers under common
control where 1 or more of such dealers is not a
corporation.
(5) Other laws applicable.--
(A) In general.--All provisions of law, including
penalties, applicable to the comparable excise tax with
respect to any tax-increased article shall, insofar as
applicable and not inconsistent with the provisions of
this section, apply to the floor stocks taxes imposed
by paragraph (1) to the same extent as if such taxes
were imposed by the comparable excise tax.
(B) Comparable excise tax.--For purposes of
subparagraph (A), the term ``comparable excise tax''
means--
(i) the tax imposed by section 5041 of such
Code in the case of wine, and
(ii) the tax imposed by section 5051 of
such Code in the case of beer.
(6) Definitions.--For purposes of this subsection--
(A) In general.--Terms used in this paragraph which
are also used in subchapter A of chapter 51 of such
Code shall have the respective meanings such terms have
in such subchapter.
(B) Person.--The term ``person'' includes any State
or political subdivision thereof, or any agency or
instrumentality of a State or political subdivision
thereof.
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or his delegate.
SEC. 3. INDEXATION OF TAX RATES APPLICABLE TO ALCOHOLIC BEVERAGES.
(a) General Rule.--Subpart E of part I of subchapter A of chapter
51 of the Internal Revenue Code of 1986 is amended by inserting before
section 5061 the following new section:
``SEC. 5060. INDEXATION OF RATES.
``(a) General Rule.--Effective during each calendar year after
1998, each tax rate set forth in subsection (b) shall be increased by
an amount equal to--
``(1) such rate as in effect without regard to this
section, multiplied by
``(2) the cost-of-living adjustment for such calendar year
determined under section 1(f)(3) by substituting `calendar year
1997' for `calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded
to the nearest multiple of 1 cent.
``(b) Tax Rates.--The tax rates set forth in this subsection are
the rates contained in the following provisions:
``(1) Paragraph (1) of section 5001(a).
``(2) Paragraphs (1), (2), (3), (4), and (5) of section
5041(b).
``(3) Paragraphs (1) and (2)(A) of section 5051(a).''
(b) Technical Amendment.--Paragraphs (1)(A) and (2) of section
5010(a) are each amended by striking ``$13.50'' and inserting ``the
rate in effect under section 5001(a)(1)''.
(c) Clerical Amendment.--The table of sections for subpart E of
part I of subchapter A of chapter 51 of such Code is amended by
inserting before the item relating to section 5061 the following new
item:
``Sec. 5060. Indexation of rates.''
SEC. 4. SUBSTANCE ABUSE PREVENTION TRUST FUND.
(a) General Rule.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to establishment of trust funds) is
amended by adding at the end the following new section:
``SEC. 9512. SUBSTANCE ABUSE PREVENTION 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 `Substance Abuse
Prevention Trust Fund', consisting of such amounts as may be
appropriated or credited to such Trust Fund as provided in this section
or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Substance Abuse Prevention Trust Fund amounts equivalent to the
additional taxes received in the Treasury under chapter 51 by reason of
the amendments made by sections 2 and 3 of the Alcohol Tax Equalization
Act of 1997 and the additional taxes received in the Treasury by reason
of section 2(d) of such Act.
``(c) Expenditures From Trust Fund.--Amounts in the Substance Abuse
Prevention Trust Fund shall be available, as provided in appropriation
Acts, for appropriation to--
``(1) the Substance Abuse and Mental Health Services
Administration, and
``(2) the National Highway Traffic Safety Administration,
for alcohol abuse prevention programs.''
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 is amended by adding at the end the following new item:
``Sec. 9512. Substance abuse prevention
trust fund.'' | Alcohol Tax Equalization Act of 1997 - Amends the Internal Revenue Code to increase the rate of tax on wine and beer. Provides for the treatment of floor stocks. Mandates a cost-of-living adjustment for the tax rates on distilled spirits, wine, and beer.
Establishes the Substance Abuse Prevention Trust Fund. Appropriates amounts to the Fund equivalent to the amounts received as a result of this Act. Makes amounts in the Fund available to the Substance Abuse and Mental Health Services Administration and the National Highway Traffic Safety Administration for alcohol abuse prevention programs. | {"src": "billsum_train", "title": "Alcohol Tax Equalization Act of 1997"} | 2,270 | 125 | 0.490136 | 1.185799 | 0.486691 | 3.100917 | 18.229358 | 0.899083 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Commission to Study
Employment and Economic Insecurity in the American Workforce Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the Presidential
Commission to Study Employment and Economic Insecurity in the American
Workforce (in this Act referred to as the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) examine the issues of economic and psychological
insecurity of members of the workforce in the United States
caused by employment dislocation;
(2) examine the relationship between psychological stress
caused by employment insecurity and economic insecurity, and
increased violence by employees and former employees in the
workplace;
(3) examine the economic and psychological effects of the
decreasing number of well-paid jobs on members of the workforce
in the United States; and
(4) recommend potential solutions, including
recommendations for legislation and administrative action, to
alleviate the problems of economic and psychological insecurity
of members of the workforce in the United States.
SEC. 4. MEMBERSHIP OF COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of 17
members (in this Act referred to as the ``members'') who shall be
appointed as follows:
(1) 9 individuals appointed by the President.
(2) 2 individuals appointed by the Majority Leader of the
House of Representatives.
(3) 2 individuals appointed by the Minority Leader of the
House of Representatives.
(4) 2 individuals appointed by the Majority Leader of the
Senate.
(5) 2 individuals appointed by the Minority Leader of the
Senate.
(b) Qualifications.--
(1) In general.--Members shall be experts in the subjects
of labor and employment.
(2) Political affiliation.--Political affiliation shall not
be a determining factor in the appointment of members.
(c) Deadline for Appointment.--Every original member shall be
appointed to the Commission within 3 months after the date of the
enactment of this Act.
(d) Terms.--Each member shall be appointed for the life of the
Commission.
(e) Basic Pay.--Members shall not be paid by reason of their
service as members.
(f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(g) Quorum.--9 members shall constitute a quorum for conducting the
business of the Commission, but a lesser number may hold hearings.
(h) Chairperson.--The members shall elect 1 member to act as the
Chairperson of the Commission (in this Act referred to as the
``Chairperson'').
(i) Meetings.--The Commission shall meet at the call of the
Chairperson.
SEC. 5. STAFF OF COMMISSION.
(a) Staff.--The Chairperson may appoint and fix the pay of
Commission personnel as the Chairperson considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates.
(c) Staff of Federal Agencies.--Upon request of the Chairperson,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of the department or agency to
assist the Commission in carrying out the duties of the Commission.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may hold hearings, sit
and act at times and places, take testimony, and receive evidence as
the Commission considers appropriate to carry out this Act. The
Commission may administer oaths or affirmations to witnesses appearing
before the Commission.
(b) Powers of Members and Agents.--The Commission may delegate to a
member or agency any authority of the Commission under this subsection
or subsection (e) or (h).
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable the Commission to carry out this Act. Upon request
of the Chairperson, the head of the department or agency shall furnish
the information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties.
(f) Immunity.--The Commission is an agency of the United States for
purposes of part V of title 18, United States Code (relating to
immunity of witnesses).
(g) Subpoena Power.--
(1) In general.--The Commission may issue a subpoena to
require the attendance and testimony of witnesses and the
production of evidence relating to any matter described in
section 3.
(2) Failure to obey an order or subpoena.--If a person
refuses to obey an order or subpoena of the Commission that is
issued in connection with a Commission hearing, the Commission
may apply to the United States district court in the judicial
district in which the hearing is held for an order requiring
the person to comply with the subpoena or order.
(h) Contract Authority.--The Commission may contract with and
compensate government or private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 7. REPORT OF COMMISSION.
The Commission shall transmit a report to the President and the
Congress not later than 1 year after the date that all original members
have been appointed to the Commission. The report shall contain a
detailed statement of the findings, conclusions, and recommendations of
the Commission.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after submitting the report
required by section 7.
SEC. 9. BUDGET ACT COMPLIANCE.
Any spending authority (as defined in subparagraphs (A) and (C) of
section 401(c)(2) of the Congressional Budget Act of 1974) authorized
by this Act shall be effective only to such extent and in such amounts
as are provided in appropriations Acts. | Presidential Commission to Study Employment and Economic Insecurity in the American Workforce Act - Establishes the Presidential Commission to Study Employment and Economic Insecurity in the American Workforce, which shall examine and report to the President and the Congress on: (1) the issues of economic and psychological insecurity of members of the workforce in the United States caused by employment dislocation; (2) the relationship between the psychological stress caused by economic and employment insecurity and the increased violence by employees and former employees in the workplace; and (3) the economic and psychological effects of the decreasing number of well-paid jobs on members of the workforce in the United States. Requires the Commission to recommend potential solutions, including legislation and administrative action, to alleviate the problems of economic and psychological insecurity of members of the workforce in the United States. | {"src": "billsum_train", "title": "Presidential Commission to Study Employment and Economic Insecurity in the American Workforce Act"} | 1,474 | 165 | 0.693966 | 2.075301 | 0.82191 | 6.388535 | 8.318471 | 0.974522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Accountability and
Transparency in Infrastructure Spending Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(2) Alternate infrastructure type bidding.--The term
``alternate infrastructure type bidding'' means a process under
which a Federal, State or local agency determines, from
engineering and economic analysis, that 2 or more initial
project designs utilizing different construction materials and
methods and their forecasted performance and life-cycle costs
are comparable or similar enough to warrant solicitation of
bids on more than 1 design for a project.
(3) Life-cycle cost analysis.--The term ``life-cycle cost
analysis'' means a process for evaluating the total economic
worth of an infrastructure project by analyzing initial costs
and discounted future costs, such as structural maintenance,
user costs, reconstruction, rehabilitation, restoring, and
resurfacing costs, over at least a 50-year period.
(4) Major infrastructure projects.--The term ``major
infrastructure projects'' means highway, transit, rail
(including high-speed passenger rail), airport, seaport, public
housing, energy, water, bridge, and military construction
projects, including those authorized under titles 23, 40, and
49, United States Code, for which the total Federal cost
estimated by the Federal or State government, including the
cost of materials, is not less than $5,000,000.
(5) Mechanistic-empirical pavement design guide.--The term
``Mechanistic-Empirical Pavement Design Guide'' means the
pavement design guide and software, developed under National
Cooperative Highway Research Program Project 1-37A, providing a
uniform basis for the design of flexible, rigid, and composite
pavements, using mechanistic-empirical approaches.
SEC. 3. LIFE-CYCLE COST ANALYSIS.
(a) Requirement To Obtain Life-Cycle Cost Analysis.--Not later than
1 year after the date of the enactment of this Act, each agency shall
obtain a life-cycle cost analysis based on the standards developed by
the Office of Management and Budget pursuant to subsection (c) for each
major infrastructure project prior to obligating funds.
(b) Sources of Life-Cycle Cost Analysis.--The life-cycle cost
analysis required under subsection (a) may be obtained from State or
local governments, or private sector entities.
(c) Guidance.--
(1) Development.--Not later than 6 months after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the American
Association of State Highway and Transportation Officials,
shall issue a circular that provides guidance to agencies on
implementing the requirements under subsection (a).
(2) Requirements.--In developing the circular required
under paragraph (1), the Director shall--
(A) provide the public with notice and opportunity
to comment before issuing the circular;
(B) consider the principles contained in section 2
of Executive Order 12893, ``Principles for Federal
Infrastructure Investments'' (January 31, 1994; 59 Fed.
Reg. 4233); and
(C) require that any analysis obtained pursuant to
subsection (a)--
(i) be conducted over at least a 50-year
valuation period; and
(ii) use actual material life and
maintenance cost data.
(d) Transparency.--Any life-cycle analysis obtained by an agency
pursuant to subsection (a) shall be posted on the agency's Web site not
later than 72 hours after it is received.
SEC. 4. FLEXIBILITY TO USE ALTERNATE INFRASTRUCTURE TYPE BIDDING
PROCEDURES.
(a) Application to National Highway System.--A State transportation
department or local transportation agency may, in its sole discretion,
award contracts for projects on the National Highway System pursuant to
alternate infrastructure type bidding procedures.
(b) Application to Other Major Infrastructure Programs.--
Notwithstanding any other provision of law, Federal, State and local
governments may award contracts for major infrastructure projects
pursuant to alternate infrastructure type bidding procedures.
SEC. 5. MECHANISTIC-EMPIRICAL PAVEMENT DESIGN GUIDE.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall require States to utilize the
Mechanistic-Empirical Pavement Design Guide for the initial design
phase of all projects authorized under title 23, United States Code. | Fiscal Accountability and Transparency in Infrastructure Spending Act of 2011 - Requires each executive agency to obtain a life-cycle cost analysis for each major infrastructure project prior to obligating funds. Defines "life-cycle cost analysis" as a process for evaluating the total economic worth of an infrastructure project by analyzing specified costs over a minimum 50-year period.
Authorizes the use of alternate infrastructure type bidding procedures for awarding contracts for projects on the National Highway System and for major infrastructure projects.
Requires the Secretary of Transportation to require states to utilize the Mechanistic-Empirical Pavement Design Guide (developed under the National Cooperative Highway Research Program Project I-37A) for the initial design phase of all authorized highway projects. | {"src": "billsum_train", "title": "A bill to improve the accountability and transparency in infrastructure spending by requiring a life-cycle cost analysis of major infrastructure projects, providing the flexibility to use alternate infrastructure type bidding procedures to reduce project costs, and requiring the use of design standards to improve efficiency and save taxpayer dollars."} | 1,029 | 165 | 0.59849 | 1.780268 | 0.825158 | 4.291045 | 6.80597 | 0.91791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Courthouse Safety Act of
2012''.
SEC. 2. SECURITY TRAINING.
Part D of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3741 et seq.) is amended by adding at the end the
following:
``SEC. 403. PREVENTING VIOLENCE AGAINST LAW ENFORCEMENT AND ENSURING
OFFICER RESILIENCE AND SURVIVABILITY.
``The Director may carry out a training and technical assistance
program designed to teach employees of State, local, and tribal law
enforcement agencies how to anticipate, survive, and respond to violent
encounters during the course of their duties, including duties relating
to security at State, county, and tribal courthouses. If the Director
offers a training program specifically designed to train participants
on courthouse security issues, preference for admission into such
program shall be given to employees of jurisdictions that have
magnetometers available for use at their courthouses.''.
SEC. 3. STATE JUSTICE INSTITUTE.
The State Justice Institute Act of 1984 is amended--
(1) in section 203(b)(1) (42 U.S.C. 10702(b)(1)), in the
matter preceding subparagraph (A), by inserting ``, safe,''
after ``a fair''; and
(2) in section 206 (42 U.S.C. 10705)--
(A) in subsection (c)--
(i) in paragraph (14)--
(I) by inserting ``to'' before
``conduct''; and
(II) by striking ``and'' at the
end;
(ii) by redesignating paragraph (15) as
paragraph (16); and
(iii) by inserting after paragraph (14) the
following:
``(15) to improve the safety and security of State and
local courts; and''; and
(B) by adding at the end the following:
``(g) Magnetometers.--In the case of a grant awarded under this
section to be used as described in subsection (c)(15), if the State or
local court applying for the grant does not have magnetometers
available for use, not less than $300 nor more than $1,000 of the
matching fund required under subsection (d) of the State or local court
shall be used to acquire a magnetometer.''.
SEC. 4. SECURITY EQUIPMENT.
(a) In General.--Subchapter III of chapter 5 of title 40, United
States Code, is amended by adding after section 559 the following:
``Sec. 560. Surplus security equipment for State and local courts
``(a) Definitions.--In this section--
``(1) the term `surplus security equipment' means surplus
property that is used to detect weapons, including metal
detectors, wands, and baggage screening devices; and
``(2) the term `qualifying State or local courthouse' means
a courthouse of a State or local government that has less
security equipment than the security needs of the courthouse
require.
``(b) Disposal of Surplus Security Equipment.--
``(1) In general.--Notwithstanding any other provision of
this subchapter, the Administrator of General Services shall
ensure that a qualifying State or local courthouse has an
opportunity to request to receive surplus security equipment
for use at the qualifying State or local courthouse before the
surplus security equipment is made available to any other
individual or entity under this subchapter.
``(2) Disposal.--
``(A) In general.--Subject to subparagraph (B),
upon request by a qualifying State or local courthouse
for surplus security equipment for use at the
qualifying State or local courthouse, the surplus
security equipment shall be made available to the
qualifying State or local courthouse without cost,
except for any costs of shipping, handling, and
maintenance.
``(B) Multiple requests.--If more than 1 qualifying
State or local courthouse requests a particular piece
of surplus security equipment, the surplus security
equipment shall be distributed based on need, as
determined by the Administrator of General Services,
with priority given to a qualifying State or local
courthouse that has no security equipment.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 5 of title 40, United States Code, is amended by inserting
after the item relating to section 559 the following:
``560. Surplus security equipment for State and local courts.''.
Passed the House of Representatives September 11, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Local Courthouse Safety Act of 2012 - (Sec. 2) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to permit the Director of the Department of Justice's (DOJ) Bureau of Justice Assistance to carry out a training and technical assistance program to teach employees of state, local, and tribal law enforcement agencies how to anticipate, survive, and respond to violent encounters during the course of their duties, including duties relating to security at state, county, and tribal courthouses.
Requires the Director to give preference for any courthouse security training program to employees of jurisdictions that have magnetometers available at their courthouses.
(Sec. 3) Amends the State Justice Institute Act of 1984 to require the State Justice Institute (a private nonprofit organization established to improve judicial administration in state courts) to include courthouse safety as a factor in the national assistance program under which it provides funding to state courts and related national and nonprofit organizations. Permits state and local courts and other organizations awarded funds pursuant to Institute grants, cooperative agreements, or contracts to use such funds to improve safety and security in state and local courts.
Requires, if such a grant is awarded to state or local courts without magnetometers, that specified matching funds be used acquire a magnetometer.
(Sec. 4) Directs the Administrator of General Services (GSA) to ensure that state or local courthouses having less security equipment than such courthouses require have an opportunity to request surplus security equipment (metal detectors, wands, baggage screening devices) before such equipment is made available to any other individual or entity. Requires that priority be given to courthouses that have no security equipment. | {"src": "billsum_train", "title": "To improve security at State and local courthouses."} | 1,051 | 373 | 0.669937 | 2.351722 | 0.834121 | 3.768987 | 2.920886 | 0.863924 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Housing Preservation Tax
Relief Act of 2003''.
SEC. 2. AFFORDABLE HOUSING PRESERVATION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by inserting after section 42 the following new
section:
``SEC. 42A. AFFORDABLE HOUSING PRESERVATION CREDIT.
``(a) General Rule.--For purposes of section 38, the affordable
housing preservation credit determined under this section for the
taxable year is an amount equal to the preservation allocation amount
for the taxable year.
``(b) Limitations.--The amount allowed as a credit to a taxpayer
under subsection (a) with respect to a qualified preservation sale
shall not exceed the gain recognized by the taxpayer from such sale.
``(c) Preservation Allocation Amount.--For purposes of subsection
(a)--
``(1) In general.--The term `preservation allocation
amount' means the amount allocated to the taxpayer from a
qualified preservation sale by a housing credit agency.
``(2) Limitation.--The amount allocated under paragraph (1)
shall not exceed the excess of--
``(A) the product of--
``(i) the maximum rate tax under section 1
in the case of an individual or section 11 in
the case of a corporation, multiplied by
``(ii) the gain recognized by the taxpayer
from the qualified preservation sale, over
``(B) the amount of cash or the fair market value
of other property received by the taxpayer with respect
to the sale.
``(d) Qualified Preservation Sale.--For purposes of this section--
``(1) In general.--The term `qualified preservation sale'
means a sale of eligible multifamily housing property to or an
exchange of such property with a preservation entity which
agrees to maintain affordability and use restrictions regarding
the property that are--
``(A) for a term of not less than the extended use
period,
``(B) legally enforceable, and
``(C) consistent with the long-term physical and
financial viability and character of such housing as
affordable housing.
Such restrictions shall be binding on all successors of the
preservation entity and shall be recorded as a restrictive
covenant on the property pursuant to State law.
``(2) Eligible multifamily housing property.--The term
`eligible multifamily housing property' means--
``(A) property assisted under section 221(d)(3) or
section 236 of the National Housing Act and with
respect to which the owner is subject to the
restrictions described in section 1039(b)(1)(B) of such
Act (as in effect on the day before the date of the
enactment of the Revenue Reconciliation Act of 1990),
``(B) property described in section 512(2)(B) of
the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note),
``(C) property with respect to which a loan is made
or insured under title V of the Housing Act of 1949,
and
``(D) property that either received an allocation
of low-income housing tax credit pursuant to paragraph
(1) of section 42(h) or was exempted from such
paragraph by paragraph (4) of such section.
``(3) Affordable housing.--The term `affordable housing'
means housing which is a qualified low-income housing project
(as defined in section 42(g)).
``(4) Extended use period.--The term `extended use period'
means the period beginning on the date of sale and ending on
the earlier of--
``(A) 30 years after the close of the sale, or
``(B) the date that the property is acquired by
foreclosure (or instrument in lieu of foreclosure).
Subparagraph (B) shall not apply if the Secretary determines
that the acquisition described therein is part of an
arrangement with the owner a purpose of which is to terminate
the extended use period.
``(5) Preservation entity.--The term `preservation entity'
means a housing credit agency or an organization approved by a
housing credit agency that has the capacity and commitment to
successfully acquire and preserve eligible multifamily housing
property. Such preservation entity shall be independent from
the seller partnership or its affiliates.
``(e) Allocation by Housing Credit Agency.--For purposes of this
section--
``(1) In general.--The aggregate preservation credit dollar
amount which a housing credit agency may allocate for any
calendar year is the portion of the State preservation credit
ceiling allocated under this subsection for such calendar year
to such agency.
``(2) State ceiling initially allocated to housing credit
agencies.--Except as provided in paragraph (4), the State
preservation credit ceiling for each calendar year shall be
allocated to the housing credit agency of such State. If there
is more than 1 housing credit agency of a State, all such
agencies shall be treated as a single agency.
``(3) State preservation credit ceiling.--The State
preservation credit ceiling applicable to any State and any
calendar year shall be an amount equal to the sum of--
``(A) the unused State preservation credit ceiling
(if any) of such State for the preceding calendar year,
``(B) the sum of--
``(i) $1.00 multiplied by the State
population,
``(ii) $1,000,000,
``(iii) the amount of State preservation
credit ceiling returned in the calendar year,
plus
``(iv) the amount (if any) allocated under
paragraph (4) to such State by the Secretary.
For purposes of clause (i), the unused State
preservation credit ceiling for any calendar year is
the excess (if any) of the sum of the amounts described
in clauses (ii) through (iv) over the aggregate
preservation credit dollar amount allocated for such
year.
``(4) Unallocated credit.--
``(A) In general.--In the event that a State does
not allocate all of its preservation credit, such
unallocated credit shall be allocated among qualified
States for the succeeding calendar year.
``(B) Qualified state.--For purposes of
subparagraph (A), the term `qualified State' means,
with respect to a calendar year, any State which
allocates its entire State preservation credit from the
preceding calendar year and for which a request is made
to receive an allocation under subparagraph (C).
``(C) Unused preservation credit carryover.--For
purposes of this paragraph, the unused preservation
credit carryover of a State for any calendar year is
the excess (if any) of--
``(i) the unused State preservation credit
ceiling for the year preceding such year, over
``(ii) the aggregate preservation credit
dollar amount allocated for such year.
``(D) Allocated amount.--The amount allocated under
this paragraph is the amount determined by the
Secretary to bear the same ratio to the aggregate
unused preservation credit carryover of all States from
the preceding calendar year as the population of the
State bears to the population of all qualified States
for the calendar year. For purpose of the preceding
sentence, population shall be determined in accordance
with section 146(j).
``(5) Housing credit agency defined.--The term `housing
credit agency' has the meaning given such term by section
42(h)(8)(A).
``(f) Responsibilities of Housing Credit Agency.--The housing
credit agency (or an agent or other private contractor of such agency)
shall--
``(1) determine whether the preservation entity's plan for
rehabilitation (if any) and operation of the eligible
multifamily housing property is viable for no less than 30
years,
``(2) monitor the affordability and use restrictions for
the eligible multifamily housing property, and
``(3) notify the Internal Revenue Service as to any portion
of such property which is out of compliance.
``(g) Recapture for Noncompliance.--If the Secretary determines
that all or a portion of the multifamily housing property is out of
compliance with the requirements of this section, the taxpayer's tax
under this chapter for the taxable year shall be increased by the sum
of--
``(1) an amount equal to the amount which bears the same
ratio to the total credit allowed to the taxpayer under
subsection (a) as the taxpayer's share of the portion of such
property which is out of compliance bears to the entire
property, plus
``(2) interest at the underpayment rate established under
section 6621 on the amount determined under paragraph (1) for
each prior taxable year for the period beginning on the due
date for filing the return for the taxable year for which the
credit was allowed under subsection (a).
No deduction shall be allowed under this chapter for interest described
in paragraph (2).''.
(b) Credit to Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting ``, plus'', and
by adding at the end the following new paragraph:
``(16) the affordable housing preservation credit
determined under section 42A(a).''.
(c) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45F the following new
item:
``Sec. 42A. Affordable housing preservation credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003. | Affordable Housing Preservation Tax Relief Act of 2003 - Amends the Internal Revenue Code to establish an affordable housing credit for the qualified preservation sale or exchange of an eligible multifamily property to or with a preservation entity which agrees to maintain specified affordability and use restrictions regarding the property. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an incentive to preserve affordable housing in multifamily housing units which are sold or exchanged."} | 2,164 | 58 | 0.605949 | 1.423608 | 1.238071 | 2.980392 | 39.705882 | 0.941176 |
SECTION 1. STRENGTHENING THE MEDICAID THIRD-PARTY LIABILITY
REQUIREMENT.
(a) State and Health Provider Right To Make Inquiries and Third-
Party Responsibilities.--Section 1902 of the Social Security Act (42
U.S.C. 1396a) is amended--
(1) in subsection (a)(25)--
(A) by striking ``and'' at the end of subparagraph
(H);
(B) by adding ``and'' at the end of subparagraph
(I); and
(C) by adding at the end the following new
subparagraph:
``(J) that the State shall provide assurances
satisfactory to the Secretary that the State has in
effect laws requiring the State to make inquiries to
third parties, including health insurers, self-insured
plans, group health plans (as defined in section 607(1)
of the Employee Retirement Income Security Act of
1974), service benefit plans, managed care
organizations, pharmacy benefit managers, or other
parties that are, by statute, contract, or agreement,
legally responsible for payment of a claim for a health
care item or service, operating in any State;''; and
(2) by adding at the end the following new subsection:
``(dd) Responsibilities of Third Parties.--
``(1) In general.--Third parties described in subsection
(a)(25)(J) shall--
``(A) provide, with respect to individuals who are
eligible for, or are provided, medical assistance under
the State plan, upon the request of the State,
information to determine during what period the
individual (or the individual's spouse or dependents)
may be (or may have been) covered by a health insurer
and the nature of the coverage that is or was provided
by the health insurer (including the name, address, and
identifying number of the plan) in a manner prescribed
by the Secretary;
``(B) accept the State's right of recovery and the
assignment to the State of any right of an individual
or other entity to payment from the party for an item
or service for which payment has been made under the
State plan;
``(C) respond to any inquiry by the State regarding
a claim for payment for any health care item or service
that is submitted not later than 3 years after the date
of the provision of such health care item or service;
and
``(D) agree not to deny a claim submitted by the
State solely on the basis of the date of submission of
the claim, the type or format of the claim form, or a
failure to present proper documentation at the point-
of-sale that is the basis of the claim, if--
``(i) the claim is submitted by the State
within the 3-year period beginning on the date
on which the item or service was furnished; and
``(ii) any action by the State to enforce
its rights with respect to such claim is
commenced within 6 years of the State's
submission of such claim.
``(2) Inquiries of third parties.--Entities providing
services and items to individuals receiving medical assistance
under this title (or to individuals the entity reasonably
believes may receive medical assistance under this title) may
make inquiries to third parties described in subsection
(a)(15)(J) that are, by statute, contract, or agreement,
legally responsible for payment of a claim, operating in any
State, for the purpose of determining eligibility and coverage
for those individuals.''.
(b) Referrals to the Secretary; Maintaining the Integrity of the
Medicaid Program.--Section 1909 of such Act (42 U.S.C. 1396h) is
amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(5) The law contains a requirement for making a referral
to the Secretary for the purposes of subsection (e).''; and
(2) by adding at the end the following new subsection:
``(e) Federal Civil Penalties and Payments to States.--
``(1) Federal civil penalties.--
``(A) In general.--Upon referral from a State, if
the Secretary finds that a third party, including any
third party described in section 1902(a)(25)(J), that
is, by statute, contract, or agreement, legally
responsible for payment of a claim for a health care
item or service, failed to reply to inquiries about an
individual sent pursuant to such section, the Secretary
shall impose a civil penalty upon that third party of
not less than $5,000 and not more than $10,000, plus 3
times the amount of the claim for that individual
without regard to any other legal responsibility of the
third party for payment of a claim for a health care
item or service for that individual.
``(B) Failure defined.--For purposes of
subparagraph (A), the term `failed' means the failure
of a third party described to provide the information
required by section 1902(a)(25)(J) about an individual
within 10 days of the date the inquiry is first made to
the party.
``(2) Payments to states.--The Secretary shall pay a State
an amount equal to the Federal medical assistance percentage of
any amount obligated to the United States under paragraph
(1).''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2009. | Amends title XIX (Medicaid) of the Social Security Act to direct state Medicaid plans to require the state to provide the Secretary of Health and Human Services with satisfactory assurances that it has in effect laws requiring the state to make inquiries to third parties, including health insurers, self-insured plans, group health plans, or other parties operating in any state that are responsible for payment of a claim for a health care item or service.
Requires third parties to: (1) provide, upon state request, information about Medicaid-eligible or -receiving individuals to determine during what period the individual (or the spouse or dependents) may be (or may have been) covered by a health insurer, as well as the nature of such coverage; (2) accept the state's right of recovery and the assignment to the state of any right of an individual or other entity to payment from the party for an item or service for which payment has been made under the state plan; and (3) agree not to deny a claim submitted by the state solely on the basis of its date of submission, the type or format of the claim form, or a failure to present proper documentation at the point-of-sale that is the basis of the claim, if the claim is submitted by the state within three years after the item or service was furnished, and any action by the state to enforce its rights is commenced within six years of its submission of the claim.
Establishes a civil monetary penalty for a third party's failure to reply to inquiries required by this Act. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to strengthen the Medicaid third-party liability requirements."} | 1,181 | 340 | 0.684445 | 2.187843 | 0.857194 | 5.7557 | 3.599349 | 0.947883 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diverse Teachers Recruitment Act of
2010''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Issues of teacher diversity and cultural competence are
critical factors influencing the achievement gap among
elementary school and secondary school students and must be
addressed by national education policy, as recommended in the
report entitled ``Assessment of Diversity in America's Teaching
Force'', presented by the National Collaborative on Diversity
in the Teaching Force in 2004.
(2) Some experts believe the lack of diversity among public
schoolteachers inhibits positive learning outcomes generally,
and can leave students in underrepresented groups without role
models to whom the students can relate, which may lead to
poorer performance in the classroom. Statistics show that for
students in some underrepresented groups, a lack of diversity
among public school teachers contributes to lower standardized
test scores and lower graduation rates.
(3) Department of Education statistics reveal a lack of
diversity among public schoolteachers. During the school year
of 2007 through 2008, an estimated 83.1 percent of public
schoolteachers were Caucasian, while 7.1 percent were Latino, 7
percent were African-American, and 1.2 percent were Asian. Of
all public schoolteachers, 24.1 percent were male and 75.9
percent were female.
(4) Teacher demographics should be sufficiently diverse to
provide the educational benefits described in paragraphs (1)
and (2), including ensuring that students have role models--
(A) from diverse backgrounds and racial and ethnic
groups; and
(B) of different genders.
(b) Purposes.--The purposes of this Act are--
(1) to further a compelling interest in obtaining the
educational benefits that result, particularly for schools with
a concentration of individuals in 1 or more categories
described in section 1111(b)(2)(C)(v)(II) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(C)(v)(II)), from a diverse group of elementary
school and secondary school teachers, including--
(A) promoting learning outcomes generally, and
reducing achievement gaps for diverse student bodies;
and
(B) increasing student cultural competence by
better preparing students for an increasingly diverse
workforce and society;
(2) to provide narrowly tailored activities by funding the
activities for the period needed to attain meaningful numbers
or a critical mass of teachers who are individuals from
underrepresented groups, sufficient to provide the educational
benefits described in paragraph (1), and offering the
activities for other teachers as well; and
(3) to remedy the historically low employment, among
teachers in public elementary schools and secondary schools, of
individuals from underrepresented groups.
SEC. 3. RECRUITMENT, TRAINING, AND RETENTION OF TEACHERS, INCLUDING
TEACHERS FROM UNDERREPRESENTED GROUPS.
(a) In General.--Title II of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end
the following new part:
``PART E--RECRUITMENT, TRAINING, AND RETENTION OF TEACHERS, INCLUDING
TEACHERS FROM UNDERREPRESENTED GROUPS
``SEC. 2501. GRANT PROGRAM.
``(a) Authorization.--From amounts appropriated under section 2505,
the Secretary shall make grants on a competitive basis to eligible
entities for--
``(1) recruiting and conducting outreach to individuals
from underrepresented groups as teachers at public elementary
schools and secondary schools; and
``(2) providing training (on promoting learning outcomes,
reducing achievement gaps for diverse student bodies, and
increasing student cultural competence) and retention
incentives (other than retention rights) to teachers at public
elementary schools and secondary schools, with a preference for
teachers who are individuals from underrepresented groups.
``(b) Eligibility.--The Secretary may only make a grant under
subsection (a) to an eligible entity that--
``(1) serves schools that have difficulty recruiting and
conducting outreach to, training, and retaining individuals
from underrepresented groups as teachers; and
``(2) submits an application at such time, in such form,
and containing such information and assurances as the Secretary
may require, including--
``(A) a description of how the eligible entity,
through the activities the eligible entity carries out
with the grant funds, will seek to ensure recruitment,
conducting outreach to, training, and retention of a
significant number of individuals from underrepresented
groups;
``(B) a description of the difficulty recruiting,
conducting outreach to, training, and retaining
individuals from underrepresented groups experienced by
the schools served by the eligible entity; and
``(C) information--
``(i) demonstrating the educational
benefits that the activities are designed to
provide, resulting from a diverse group of
elementary school and secondary school
teachers, including--
``(I) promoting positive learning
outcomes generally, and reducing
achievement gaps for diverse student
bodies; and
``(II) increasing student cultural
competence by better preparing students
for an increasingly diverse workforce
and society; and
``(ii) demonstrating that the schools
involved do not have a sufficiently diverse
group of teachers to provide the benefits.
``(c) Priority.--In making grants under subsection (a), the
Secretary shall give priority to--
``(1) local educational agencies (or consortia of local
educational agencies) that serve the most high-need schools;
and
``(2) local educational agencies (or consortia of local
educational agencies) that serve schools with concentrations of
students in 1 or more categories described in section
1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)) in their student
populations.
``(d) Relationship to Other Law.--The Secretary shall make grants
under this section, notwithstanding title VII of the Civil Rights Act
of 1964 (42 U.S.C. 2000e et seq.).
``(e) Matching Funds.--
``(1) In general.--The Secretary may not make a grant to an
eligible entity under subsection (a) unless the eligible entity
agrees that, with respect to the costs to be incurred by the
eligible entity in carrying out the activities for which the
grant is awarded, the eligible entity will make available non-
Federal contributions in an amount equal to not less than 10
percent of the Federal funds provided under the grant.
``(2) Satisfying matching requirement.--The non-Federal
contributions required under paragraph (1) may be--
``(A) in cash or in-kind, including services,
fairly evaluated; and
``(B) from--
``(i) any private source; or
``(ii) a State educational agency or local
educational agency.
``(3) Waiver.--The Secretary may waive or reduce the non-
Federal contribution required by paragraph (1) if the eligible
entity involved demonstrates that the eligible entity cannot
meet the contribution requirement due to financial hardship.
``(f) Duration.--
``(1) Determination.--In determining whether to make a
grant to an eligible entity for a school district, the
Secretary shall determine whether the elementary schools and
secondary schools in the district have attracted a sufficiently
diverse group of teachers to provide the educational benefits
described under subsection (b)(2)(C).
``(2) Grant.--The Secretary shall make the grant only if
the Secretary determines that the schools described in
paragraph (1) have not attracted that group and need additional
activities under this section to provide the educational
benefits.
``SEC. 2502. REPORTS TO SECRETARY.
``An eligible entity receiving a grant under section 2501(a) shall
submit to the Secretary not later than 90 days after the end of each
school year in which the eligible entity receives grant funds a report
that contains--
``(1) a description of the activities for which the
eligible entity used grant funds during such school year;
``(2) data concerning, with respect to the schools served
by the eligible entity--
``(A) the number of individuals from
underrepresented groups that began teaching during such
school year;
``(B) the retention rate of teachers who are
individuals from underrepresented groups;
``(C) in the case of the report covering the last
school year in which the eligible entity receives grant
funds, indicators of student academic achievement
during such school year as compared with previous
school years, disaggregated, if possible, by the
achievement of--
``(i) economically disadvantaged students;
``(ii) students from major racial and
ethnic groups;
``(iii) students with disabilities; and
``(iv) students with limited English
proficiency;
``(D) student graduation rates for the school year
covered by the report as compared with previous school
years, if applicable in the case of the schools served
by the eligible entity; and
``(E) student attendance rates for the school year
covered by the report as compared with previous school
years; and
``(3) a description of and data regarding such
characteristics of the schools served by the eligible entity,
and the students of such schools, as the Secretary considers
appropriate, including the number and percentage of students in
each of the groups listed in clauses (i) through (iv) of
paragraph (2)(C).
``SEC. 2503. BEST PRACTICES INFORMATION CLEARINGHOUSE.
``(a) In General.--The Secretary shall evaluate the success of the
activities carried out by eligible entities using grant funds received
under section 2501(a) and compile a database of best practices for
recruiting, conducting outreach to, training, and retaining individuals
from underrepresented groups as public elementary school and secondary
school teachers. The Secretary shall make such database available to
eligible entities (regardless of whether the eligible entities have
received grants under such section) through an Internet Web site.
``(b) Funds Available.--Of the amounts appropriated to carry out
this part for a fiscal year, the Secretary may use not more than 10
percent to carry out this section during such fiscal year.
``SEC. 2504. DEFINITIONS.
``In this part, the following definitions apply:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency (or consortium of
local educational agencies); or
``(B) an entity that--
``(i) has entered into a partnership with a
local educational agency (or consortium of
local educational agencies) in which the local
educational agency (or consortium of local
educational agencies) is the primary partner;
and
``(ii) is a private nonprofit organization,
an educational service agency, an institution
of higher education, or a State educational
agency.
``(2) High-need high school.--The term `high-need high
school' means a secondary school--
``(A) in which the entering grade of the school is
not lower than grade 9 and that includes grade 12; and
``(B) that has a graduation rate of not more than
65 percent in each of the 2 academic years prior to the
submission of the grant application.
``(3) High-need middle school.--The term `high-need middle
school' means a secondary school--
``(A) in which the entering grade is not lower than
grade 6 and the highest grade is not higher than grade
9; and
``(B) from which not less than 35 percent of the
students who complete such school enroll in a high-need
high school.
``(4) High-need school.--The term `high-need school' means
a public school, including a charter school (as such term is
defined in section 5210(1))--
``(A) in which not less than 40 percent of the
enrolled students are eligible to receive free or
reduced price lunches under section 9(b) of the Richard
B. Russell National School Lunch Act (42 U.S.C.
1758(b)); or
``(B) that is a high-need high school or a high-
need middle school.
``(5) Individual from an underrepresented group.--The term
`individual from an underrepresented group' means an individual
who is a member of a racial or gender group that has
historically been underrepresented among teachers in public
elementary schools and secondary schools in the school district
involved.
``SEC. 2505. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as are necessary for fiscal years 2011 through 2016.''.
(b) Clerical Amendment.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by adding
after the item related to section 2441 the following:
``Part E--Recruitment, Training, and Retention of Teachers, Including
Teachers From Underrepresented Groups
``Sec. 2501. Grant program.
``Sec. 2502. Reports to Secretary.
``Sec. 2503. Best practices information clearinghouse.
``Sec. 2504. Definitions.
``Sec. 2505. Authorization of appropriations.''. | Diverse Teachers Recruitment Act of 2010 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive matching grants to local educational agencies (LEAs) or nonprofits, educational service agencies, institutions of higher education, or states that enter into partnerships with such LEAs for: (1) recruiting individuals from underrepresented groups as public elementary and secondary school teachers; and (2) providing training and retention incentives to public elementary and secondary school teachers, preferably teachers from underrepresented groups.
Prohibits grants to applicants that do not serve schools that have difficulty recruiting, training, and retaining individuals from underrepresented groups as teachers.
Gives priority to LEAs that serve the most high-need schools and those that serve schools with high concentrations of poor, minority, disabled, or limited English proficient students.
Requires the Secretary to evaluate the success of the grantees and compile a database of best practices for recruiting, training, and retaining individuals from underrepresented groups as public elementary and secondary school teachers. | {"src": "billsum_train", "title": "A bill to amend the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants for recruiting, training, and retaining individuals, with a preference for individuals from underrepresented groups, as teachers at public elementary and secondary schools, and for other purposes."} | 2,956 | 220 | 0.519433 | 1.54214 | 0.974244 | 3.362694 | 14.093264 | 0.88601 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First-Time Homebuyer Tax Credit Act
of 1997''.
SEC. 2. CREDIT FOR FIRST-TIME HOMEBUYERS.
(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 23 the
following new section:
``SEC. 24. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER.
``(a) Allowance of Credit.--If an individual who is a first-time
homebuyer purchases a principal residence (within the meaning of
section 1034), there shall be allowed to such individual as a credit
against the tax imposed by this chapter an amount equal to 10 percent
of the purchase price of the principal residence.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed under subsection
(a) shall not exceed $5,000.
``(2) Limitation to one residence.--The credit under this
section shall be allowed with respect to only one residence of
the taxpayer.
``(3) Married individuals filing jointly.--In the case of a
husband and wife who file a joint return, the credit under this
section is allowable only if both the husband and wife are
first-time homebuyers, and the amount specified under paragraph
(1) shall apply to the joint return.
``(4) Other taxpayers.--In the case of individuals to whom
paragraph (3) does not apply who together purchase the same new
principal residence for use as their principal residence, the
credit under this section is allowable only if each of the
individuals is a first-time homebuyer, and the sum of the
amount of credit allowed to such individuals shall not exceed
the lesser of $5,000 or 10 percent of the total purchase price
of the residence. The amount of any credit allowable under this
section shall be apportioned among such individuals under
regulations to be prescribed by the Secretary.
``(5) Carryforward of unused credits.--If the credit
allowable under subsection (a) for any taxable year exceeds the
limitation imposed by section 26(a) for such taxable year
reduced by the sum of the credits allowable under this subpart
(other than this section and section 23), such excess shall be
carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year. No credit
may be carried forward under this subsection to any taxable
year following the fifth taxable year after the taxable year in
which the residence is purchased. For purposes of the preceding
sentence, credits shall be treated as used on a first-in first-
out basis.
``(6) Year for which credit allowed.--Fifty percent of the
credit allowed by subsection (a) shall be allowed in the
taxable year in which the residence is purchased and the
remaining fifty percent of the credit shall be allowed in the
succeeding taxable year.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Purchase price.--The term `purchase price' means the
adjusted basis of the principal residence on the date of the
acquisition thereof.
``(2) First-time homebuyer.--
``(A) In general.--The term `first-time homebuyer'
means any individual if such individual has not had a
present ownership interest in any residence (including
an interest in a housing cooperative) at any time
within the 36-month period ending on the date of
acquisition of the residence on which the credit
allowed under subsection (a) is to be claimed. An
interest in a partnership, S corporation, or trust that
owns an interest in a residence is not considered an
interest in a residence for purposes of this paragraph
except as may be provided in regulations.
``(B) Certain individuals.--Notwithstanding
subparagraph (A), an individual is not a first-time
homebuyer on the date of purchase of a residence if on that date the
running of any period of time specified in section 1034 is suspended
under subsection (h) or (k) of section 1034 with respect to that
individual.
``(3) Special rules for certain acquisitions.--No credit is
allowable under this section if--
``(A) the residence is acquired from a person whose
relationship to the person acquiring it would result in
the disallowance of losses under section 267 or 707(b),
or
``(B) the basis of the residence in the hands of
the person acquiring it is determined--
``(i) in whole or in part by reference to
the adjusted basis of such residence in the
hands of the person from whom it is acquired,
or
``(ii) under section 1014(a) (relating to
property acquired from a decedent).
``(d) Recapture for Certain Dispositions.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), if the taxpayer disposes of property with respect to the
purchase of which a credit was allowed under subsection (a) at
any time within 36 months after the date the taxpayer acquired
the property as his principal residence, then the tax imposed
under this chapter for the taxable year in which the
disposition occurs is increased by an amount equal to the
amount allowed as a credit for the purchase of such property.
``(2) Acquisition of new residence.--If, in connection with
a disposition described in paragraph (1) and within the
applicable period prescribed in section 1034, the taxpayer
purchases a new principal residence, then the provisions of
paragraph (1) shall not apply and the tax imposed by this
chapter for the taxable year in which the new principal
residence is purchased is increased to the extent the amount of
the credit that could be claimed under this section on the
purchase of the new residence (determined without regard to
subsection (e)) is less than the amount of credit claimed by
the taxpayer under this section.
``(3) Death of owner; casualty loss; involuntary
conversion; etc.--The provisions of paragraph (1) do not apply
to--
``(A) a disposition of a residence made on account
of the death of any individual having a legal or
equitable interest therein occurring during the 36-
month period to which reference is made under paragraph
(1),
``(B) a disposition of the old residence if it is
substantially or completely destroyed by a casualty
described in section 165(c)(3) or compulsorily or
involuntarily converted (within the meaning of section
1033(a)), or
``(C) a disposition pursuant to a settlement in a
divorce or legal separation proceeding where the
residence is sold or the other spouse retains the
residence as a principal residence.
``(e) Property to Which Section Applies.--
``(1) In general.--The provisions of this section apply to
a principal residence if--
``(A) the taxpayer acquires the residence on or
after January 1, 1997, and before January 1, 1998, or
``(B) the taxpayer enters into, on or after January
1, 1997, and before January 1, 1998, a binding contract
to acquire the residence, and acquires and occupies the
residence before July 1, 1998.''
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 23 the following new item:
``Sec. 24. Purchase of principal
residence by first-time
homebuyer.''
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 1997. | First-Time Homebuyer Tax Credit Act of 1997 - Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Limits the credit to $5,000. Requires married individuals filing jointly to both be first-time homebuyers. Allows the use of 50 percent of the credit in the first taxable year in which the residence is purchased and the remaining 50 percent in the succeeding taxable year. Makes this credit applicable to residences acquired after January 1, 1997, and before January 1, 1998, or for which a binding contract is entered into during such period. | {"src": "billsum_train", "title": "First-Time Homebuyer Tax Credit Act of 1997"} | 1,699 | 147 | 0.65586 | 1.759465 | 0.688417 | 4.333333 | 12.325581 | 0.875969 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dextromethorphan Abuse Reduction Act
of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) When used properly, cough medicines that contain
dextromethorphan have a long history of being safe and
effective. But abuse of dextromethorphan at high doses can
produce hallucinations, rapid heart beat, high blood pressure,
loss of consciousness, and seizures. The dangers multiply when
dextromethorphan is abused with alcohol, prescription drugs, or
narcotics.
(2) Dextromethorphan is inexpensive, legal, and readily
accessible, which has contributed to the increased abuse of
that drug, particularly among teenagers.
(3) Increasing numbers of teens and others are abusing
dextromethorphan by ingesting it in excessive quantities.
Prolonged use at high doses can lead to psychological
dependence on the drug. Abuse of dextromethorphan can also
cause impaired judgment, which can lead to injury or death.
(4) Dextromethorphan abuse increased by a factor of 10
during the period of 1999 through 2004, with an increase by a
factor of 15 among children aged 9 to 17 years.
(5) An estimated 2,400,000 teenagers (1 in 10) abused over-
the-counter cough medicines in 2005. Children ages 9 to 17
years are the fastest growing group of dextromethorphan
abusers.
(6) The Food and Drug Administration has called the abuse
of dextromethorphan a ``serious issue'' and a ``disturbing new
trend'' that can cause ``death as well as other serious adverse
events such as brain damage, seizure, loss of consciousness,
and irregular heartbeat.''.
(7) In recognition of the problem, several retailers have
voluntarily implemented age restrictions on purchases of cough
and cold medicines containing dextromethorphan.
(8) Prevention is a key component of addressing the rise in
the abuse of legal medications. Education campaigns teaching
teens and parents about the dangers of these drugs are an
important part of this effort.
SEC. 3. DEXTROMETHORPHAN.
(a) Definitions.--Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended by adding at the end the following:
``(50) The term `finished dosage form', relating to
dextromethorphan, means dextromethorphan that--
``(A) is--
``(i) in a tablet, capsule, solution, liquid, or
other form intended for retail sale, and that generally
contains inactive ingredients; and
``(ii) approved under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) as a
nonprescription drug (as that term is defined in
section 760 of that Act (21 U.S.C. 379aa)); or
``(B) has been combined with other active or inactive
ingredients during the process of manufacturing a tablet,
capsule, solution, liquid, or other form described in
subparagraph (A).
``(51) The term `unfinished', relating to dextromethorphan, means
any concentration or amount of dextromethorphan that is not in finished
dosage form.''.
(b) Unfinished Dextromethorphan.--Schedule V of section 202(c) of
the Controlled Substances Act (21 U.S.C. 812(c)) is amended by adding
at the end the following:
``(6) Unfinished dextromethorphan.''.
(c) Sales of Dextromethorphan in Finished Dosage Form.--
(1) In general.--Part D of title II of the Controlled
Substances Act (21 U.S.C. 841 et seq.) is amended by adding at
the end the following:
``SEC. 424. CIVIL PENALTIES FOR CERTAIN DEXTROMETHORPHAN SALES.
``(a) In General.--
``(1) Sale.--
``(A) In general.--Except as provided in paragraph
(2), it shall be unlawful for any person to knowingly
sell, cause another to sell, or conspire to sell a
product containing dextromethorphan to an individual
under the age of 18 years, including any such sale
using the Internet.
``(B) Failure to check identification.--If a person
fails to request identification from an individual
under the age of 18 years and sells a product
containing dextromethorphan to that individual, that
person shall be deemed to have known that the
individual was under the age of 18 years.
``(C) Affirmative defense.--It shall be an
affirmative defense to an alleged violation of
subparagraph (A) that the person selling a product
containing dextromethorphan examined the purchaser's
identification card and, based on that examination,
that person reasonably concluded that the
identification was valid and indicated that the
purchaser was not less than 18 years of age.
``(2) Exception.--This section shall not apply to any sale
made pursuant to a validly issued prescription.
``(b) Fines.--
``(1) In general.--The Attorney General may impose a civil
penalty on a person for violating subsection (a)(1)(A),
including a violation of that subsection committed by an
employee or agent of such person.
``(2) Maximum amount.--A civil penalty imposed under
paragraph (1) shall be--
``(A) not more than $1,000 for the first violation
of subsection (a)(1)(A) by a person;
``(B) not more than $2,000 for the second violation
of subsection (a)(1)(A) by a person; and
``(C) not more than $5,000 for the third violation,
or a subsequent violation, of subsection (a)(1)(A) by a
person.
``(3) Number of violations.--If a person makes sales of
dextromethorphan at more than 1 location, for purposes of
determining the number of violations by that person under this
subsection each individual location operated by that person
shall be considered a separate person.
``(c) Definition of Identification Card.--In this section, the term
`identification card' means an identification card that--
``(1) includes a photograph and the date of birth of the
individual;
``(2) is issued by a State or the Federal Government; and
``(3) is considered acceptable for purposes of sections
274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code
of Federal Regulations (as in effect on or after the date of
the enactment of the Dextromethorphan Abuse Reduction Act of
2007).''.
(2) Regulations.--
(A) Internet sales.--Not later than 180 days after
the date of enactment of this Act, the Attorney General
of the United States shall promulgate regulations for
Internet sales of products containing dextromethorphan
to ensure compliance with section 424 of the Controlled
Substances Act, as added by this Act.
(B) Civil penalties.--
(i) In general.--Not later than 180 days
after the date of enactment of this Act, the
Attorney General of the United States shall
promulgate regulations to carry out section 424
of the Controlled Substances Act, as added by
this Act.
(ii) Contents.--The regulations promulgated
under clause (i) shall--
(I) provide for a range of fines
for a retailer, based on whether the
retailer or an employee or agent of
that retailer has committed prior
violations of section 424(a) of the
Controlled Substances Act, as added by
this Act; and
(II) require consideration of
whether a fine to be imposed on a
retailer should be reduced or
eliminated based on--
(aa) the establishment and
administration of an effective
employee training program by a
retailer relating to this Act
and the amendments made by this
Act; or
(bb) other actions taken by
a retailer to ensure compliance
with this Act and the
amendments made by this Act.
(C) Definition of retailer.--In this paragraph, the
term ``retailer'' means a grocery store, general
merchandise store, drug store, convenience store, or
other entity or person whose activities as a
distributor relating to products containing
dextromethorphan are limited almost exclusively to
sales for personal use, both in number of sales and
volume of sales, either directly to walk-in customers
or in face-to-face transactions by direct sales.
(3) Sense of the senate.--It is the sense of the Senate
that--
(A) manufacturers of products containing
dextromethorphan should contain language on packages
cautioning consumers about the dangers of
dextromethorphan misuse; and
(B) retailers selling products containing
dextromethorphan should impose appropriate safeguards
to protect against the theft of such products.
(d) Prevention Funding.--
(1) The partnership for a drug-free america.--
(A) In general.--The Director of National Drug
Control Policy shall make a directed grant to the
Partnership for a Drug-Free America to provide
education to individuals under the age of 18 years and
parents regarding preventing the abuse of prescription
and nonprescription drugs (including dextromethorphan).
(B) Authorization of appropriations.--In addition
to any other amounts authorized to be appropriated,
there are authorized to be appropriated $4,000,000 for
each of fiscal years 2008 through 2010 to carry out
this paragraph.
(2) Community anti-drug coalition of america.--
(A) In general.--The Director of National Drug
Control Policy shall make a directed grant to the
Community Anti-Drug Coalition of America to provide
education, training, and technical assistance to
community coalitions regarding preventing the abuse of
prescription and nonprescription drugs (including
dextromethorphan).
(B) Authorization of appropriations.--There are
authorized to be appropriated $4,000,000 for each of
fiscal years 2008 through 2010 to carry out this
paragraph.
(3) Supplement not supplant.--Grant funds provided under
this subsection shall be used to supplement, not supplant,
Federal and non-Federal funds available for carrying out the
activities described in this subsection.
(e) Supplemental Grants for Communities With Major Prescription and
Nonprescription Drug Issues.--
(1) Definitions.--In this subsection--
(A) the term ``Administrator'' means the
Administrator of the Substance Abuse and Mental Health
Services Administration;
(B) the term ``drug'' has the meaning given that
term in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321);
(C) the term ``eligible entity'' means an
organization that--
(i) on or before the date of submitting an
application for a grant under this subsection,
receives a grant under the Drug-Free
Communities Act of 1997 (21 U.S.C. 1521 et
seq.); and
(ii) has documented, using local data,
rates of prescription or nonprescription drug
abuse above national averages, as determined by
the Administrator (including appropriate
consideration of the Monitoring the Future
Survey by the University of Michigan), for
comparable time periods;
(D) the term ``nonprescription drug'' has the
meaning given that term in section 760 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379aa); and
(E) the term ``prescription drug'' means a drug
described in section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).
(2) Authorization of program.--The Administrator, in
consultation with the Director of the Office of National Drug
Control Policy, may make enhancement grants to eligible
entities to implement comprehensive community-wide strategies
that address abuse of prescription and nonprescription drugs.
(3) Application.--
(A) In general.--An eligible entity desiring an
enhancement grant under this subsection shall submit an
application to the Administrator at such time, in such
manner, and accompanied by such information as the
Administrator may require.
(B) Criteria.--As part of an application for a
grant under this subsection, the Administrator shall
require an eligible entity to submit a detailed,
comprehensive, multisector plan for addressing abuse of
prescription and nonprescription drugs.
(4) Uses of funds.--An eligible entity that receives a
grant under this subsection shall use the grant funds for
implementing a comprehensive, community-wide strategy that
addresses abuse of prescription and nonprescription drugs
issues in that community, in accordance with the plan submitted
under paragraph (3)(B).
(5) Grant terms.--A grant under this subsection--
(A) shall be made for a period of not more than 4
years; and
(B) shall not be in an amount of more than $50,000
per year.
(6) Supplement not supplant.--Grant funds provided under
this subsection shall be used to supplement, not supplant,
Federal and non-Federal funds available for carrying out the
activities described in this subsection.
(7) Evaluation.--A grant under this subsection shall be
subject to the same evaluation requirements and procedures as
the evaluation requirements and procedures imposed on the
recipient of a grant under the Drug-Free Communities Act of
1997 (21 U.S.C. 1521 et seq.).
(8) Administrative expenses.--Not more than 6 percent of a
grant under this subsection may be expended for administrative
expenses.
(9) Authorization of appropriations.--There are authorized
to be appropriated $4,000,000 for each of fiscal years 2008
through 2010 to carry out this subsection.
(f) Data Collection.--It is the Sense of the Senate that Federal
agencies and grantees that collect data on drug use trends should
ensure that the survey instruments used by such agencies and grantees
include questions to ascertain changes in the trend of abuse of
prescription and nonprescription drugs.
(g) Technical and Conforming Amendments.--
(1) In general.--Section 201(g) of the Controlled
Substances Act (21 U.S.C. 811(g)) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph
(2).
(2) Table of contents.--The table of contents for the
Comprehensive Drug Abuse Prevention and Control Act of 1970
(Public Law 91-513; 84 Stat. 1236) is amended by inserting
after the item relating to section 423 the following:
``Sec. 424. Dextromethorphan sales.''. | Dextromethorphan Abuse Reduction Act of 2007 - Amends the Controlled Substances Act to: (1) set forth definitions relating to dextromethorphan in unfinished or finished dosage form; (2) classify unfinished dextromethorphan as a Schedule V controlled substance; and (3) impose civil penalties for sales of products containing dextromethorphan to individuals under the age of 18.
Expresses the sense of the Senate that: (1) manufacturers of products containing dextromethorphan should provide warnings about the dangers of dextromethorphan misuse; and (2) retailers should impose safeguards to protect against the theft of products containing dextromethorphan.
Directs the Director of National Drug Control Policy to make grants to the Partnership for a Drug-Free America and the Community Anti-Drug Coalition of America for education programs to prevent the abuse of prescription and nonprescription drugs (including dextromethorphan).
Authorizes the Administrator of the Substance Abuse and Mental Health Services Administration to make grants to certain communities to implement comprehensive community-wide strategies for addressing abuse of prescription and nonprescription drugs. | {"src": "billsum_train", "title": "A bill to amend the Controlled Substances Act to prevent the abuse of dextromethorphan, and for other purposes."} | 3,372 | 260 | 0.575049 | 1.66272 | 0.674811 | 3.795812 | 14.910995 | 0.937173 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Border Regional Commission
Reauthorization Act of 2018''.
SEC. 2. ADMINISTRATIVE EXPENSES OF REGIONAL COMMISSIONS.
Section 15304(c)(3)(A) of title 40, United States Code, is amended
by striking ``unanimous'' and inserting ``majority''.
SEC. 3. ECONOMIC AND INFRASTRUCTURE DEVELOPMENT GRANTS.
Section 15501 of title 40, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) by redesignating paragraph (8) as paragraph
(9); and
(C) by inserting after paragraph (7) the following:
``(8) to grow the capacity for successful community
economic development in its region; and'';
(2) in subsection (b), by striking ``paragraphs (1) through
(3)'' and inserting ``paragraph (1), (2), (3), or (7)''; and
(3) in subsection (f), by striking the period at the end
and inserting ``, except that financial assistance may be used
as otherwise authorized by this subtitle to attract businesses
to the region from outside the United States.''.
SEC. 4. STATE CAPACITY BUILDING GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Northern
Border Regional Commission established by section 15301(a)(3)
of title 40, United States Code.
(2) Commission state.--The term ``Commission State'' means
each of the States of Maine, New Hampshire, New York, and
Vermont.
(3) Eligible county.--The term ``eligible county'' means a
county described in section 15733 of title 40, United States
Code.
(4) Program.--The term ``program'' means the State capacity
building grant program established under subsection (b).
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Commission shall establish a State capacity
building grant program to provide grants to Commission States to carry
out the purpose under subsection (c).
(c) Purpose.--The purpose of the program is to support the efforts
of Commission States--
(1) to better support business retention and expansion in
eligible counties;
(2) to create programs to encourage job creation and
workforce development;
(3) to prepare economic and infrastructure plans for
eligible counties;
(4) to expand access to high-speed broadband;
(5) to encourage initiatives that drive investments in
transportation, water, wastewater, and other critical
infrastructure;
(6) to create initiatives to increase the effectiveness of
local or regional economic developers; and
(7) to implement new or innovative economic development
practices that will better position the Commission States to
compete in the global economy.
(d) Use of Funds.--
(1) In general.--Funds from a grant under the program may
be used to support a project, program, or expense of the
Commission State in an eligible county.
(2) Limitation.--Funds from a grant under the program shall
not be used for--
(A) the purchase of furniture, fixtures, or
equipment; or
(B) the compensation of--
(i) any State member of the Commission (as
described in section 15301(b)(1)(B) of title
40, United States Code); or
(ii) any State alternate member of the
Commission (as described in section
15301(b)(2)(B) of title 40, United States
Code).
(e) Annual Work Plan.--
(1) In general.--For each fiscal year, before providing a
grant under the program, each Commission State shall provide to
the Commission an annual work plan that includes the proposed
use of the grant.
(2) Approval.--No grant under the program shall be provided
to a Commission State unless the Commission has approved the
annual work plan of the State.
(f) Amount of Grant.--
(1) In general.--The amount of a grant provided to a
Commission State under the program shall be an amount equal to
the share of the State of administrative expenses of the
Commission for a fiscal year (as determined under section
15304(c) of title 40, United States Code).
(2) Approval.--For each fiscal year, a grant provided under
the program shall be approved and made available as part of the
approval of the annual budget of the Commission.
(g) Grant Availability.--Funds from a grant under the program shall
be available only during the fiscal year for which the grant is
provided.
(h) Report.--Each fiscal year, each Commission State shall submit
to the Commission and make publicly available a report that describes
the use of the grant funds and the impact of the program in the State.
(i) Funding.--
(1) In general.--There is authorized to be appropriated
such sums as the Commission determines to be necessary, subject
to the condition that the Commission may use not more than
$5,000,000 to carry out this section for any fiscal year.
(2) Supplement, not supplant.--Funds made available to
carry out this section shall supplement and not supplant funds
made available for the Commission and other activities of the
Commission.
SEC. 5. NORTHERN BORDER REGIONAL COMMISSION.
Section 15733 of title 40, United States Code, is amended--
(1) in paragraph (2)--
(A) by inserting ``Belknap,'' before ``Carroll,'';
and
(B) by inserting ``Cheshire,'' before ``Coos,'';
and
(2) in paragraph (4)--
(A) by inserting ``Addison, Bennington,'' before
``Caledonia,'';
(B) by inserting ``Chittenden,'' before ``Essex,'';
(C) by striking ``and'' and inserting ``Orange,''
and
(D) by inserting ``, Rutland, Washington, Windham,
and Windsor'' after ``Orleans''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 15751(a) of title 40, United States Code, is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7. TECHNICAL AMENDMENTS.
Chapters 1, 2, 3, and 4 of subtitle V of title 40, United States
Code, are redesignated as chapters 151, 153, 155, and 157,
respectively. | Northern Border Regional Commission Reauthorization Act of 2018 This bill reauthorizes through FY2023 each of the Southeast Crescent Regional Commission, the Southwest Border Regional Commission, and the Northern Border Regional Commission. The bill revises the process for determining the share of the commissions' administrative expenses payable by each state. A commission may make economic and infrastructure development grants to states and local governments, Indian tribes, and public nonprofit organizations for projects to grow the capacity for successful community economic development in its region. A commission must include the development of renewable and alternative energy sources in the categories to which at least 40% of economic and infrastructure development grant amounts are allocated. Such grants may be used to attract businesses to a region from outside of the United States. The Northern Border Regional Commission shall establish a state capacity building grant program to furnish grants to Maine, New Hampshire, New York, and Vermont for specified efforts that include support of business retention and expansion in eligible counties and establishment of programs to encourage job creation and workforce development. The bill adds to such commission: Belknap and Cheshire Counties in New Hampshire; and Addison, Bennington, Chittenden, Orange, Rutland, Washington, Windham, and Windsor Counties in Vermont. | {"src": "billsum_train", "title": "Northern Border Regional Commission Reauthorization Act of 2018"} | 1,485 | 265 | 0.604517 | 1.765154 | 0.771024 | 2.614407 | 5.648305 | 0.817797 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``PILT Fairness Act of 2002''.
SEC. 2. FULL FUNDING FOR PAYMENTS IN LIEU OF TAXES.
Section 6906 of title 31, United States Code, is amended--
(1) by striking ``Necessary'' and inserting ``(a) In
General.--Necessary'';
(2) by striking ``Amounts'' and inserting ``Except as
provided in subsection (b), amounts''; and
(3) by adding at the end the following new subsection:
``(b) Full Funding.--For fiscal years 2003 through 2007, amounts
necessary to carry out this chapter shall be made available to the
Secretary of the Interior, out of any funds in the Treasury not
otherwise appropriated and without further appropriation, for
obligation and expenditure in accordance with this chapter.''.
SEC. 3. PROTECTION OF LOCAL TAX BASE AS PART OF FEDERAL LAND
ACQUISITION.
(a) Election of Payment To Offset Revenue Loss.--
(1) Notification of local governments.--Whenever a Federal
land management agency acquires privately owned land by
purchase, exchange, or donation, the head of the agency shall
notify the unit of general local government within whose
jurisdiction the land lies.
(2) Election.--If a unit of general local government is
notified by a Federal agency under paragraph (1) regarding an
acquisition of land by the Federal agency, the elected
officials with authority under State law to govern the unit
may, within 90 days after that notification, elect to receive
from the Federal land management agency a one-time payment in
an amount sufficient to offset the long term revenue loss to
the local government that will result from the acquisition of
the land by the Federal agency.
(b) Treatment of Land After One-Time Payment.--
(1) In general.--If a unit of general local government
receives, pursuant to an election under subsection (a), a one-
time payment with respect to land acquired by a Federal land
management agency, the land shall not be treated as entitlement
land for purposes of chapter 69 of title 31, United States
Code, notwithstanding any changes that may thereafter occur in
the value of the land, interest rates, taxation rates, or any
other economic factor.
(2) Conforming amendment.--Section 6901(1) of title 31,
United States Code, is amended by adding at the end the
following:
``Such term does not include any land with respect to which a unit of
local government receives a one-time payment under the PILT Fairness
Act of 2002.''.
(c) Application.--
(1) In general.--This section shall apply to any land
acquisition by a Federal land management agency completed after
September 30, 1998.
(2) Application to prior acquisitions.--For purposes of the
application of this section to an acquisition of land by a
Federal agency before the date of the enactment of this Act,
the head of the agency is deemed to have notified the unit of
general local government concerned in accordance with paragraph
(1) on the date of the enactment of this Act.
(3) No effect on title.--This subsection shall not affect
any right, title, or interest of the United States in or to
land.
SEC. 4. ONE-TIME PAYMENT.
(a) In General.--If a unit of general local government elects under
section 3(a)(2) to receive a one-time payment with respect to land
acquired by a Federal land management agency--
(1) the head of the Federal agency shall determine and make
such payment in accordance with this section; and
(2) such acquisition may not occur before the date the
payment is made.
(b) Amount of Payment.--
(1) In general.--The amount of such payment--
(A) shall be sufficient to yield a revenue stream
in perpetuity equal to the property taxes currently
required to be paid with respect to the land,
determined as an annuity amount based on an interest
rate equal to the current average yield on outstanding
obligations of the United States with remaining periods
of maturity of 10 years on the date of acquisition of
the land by the Federal agency;
(B) shall be determined based on the rate of tax
and land valuation in effect for the land under the
property tax laws of the unit of general local
government that apply in the local tax year in which
the land is acquired by the Federal land management
agency; and
(C) shall include amounts to offset property taxes
that were attributable to--
(i) improvements on the acquired lands; or
(ii) the use of the lands for business
enterprise.
(2) Federal acquisitions from tax-exempt entities.--If a
Federal land management agency acquires lands by purchase,
donation, exchange, or other means from a nongovernmental
organization or other entity that is exempt from local
taxation, paragraph (1) shall apply as if the lands were
acquired from the last person that owned the lands that was not
exempt from such taxation.
(3) Deduction of pilt payments.--In the case of a payment
under this section to a unit of general local government with
respect to land that was acquired by a Federal land management
agency before the date of the enactment of this Act, the head
of the agency shall deduct, from the amount otherwise required
to be paid, the amount of any payment made to the unit with
respect to the land after September 30, 1998, under chapter 69
of title 31, United States Code.
(c) Time for Payment.--The payment required under subsection (a) in
connection with a land acquisition shall be made before the Federal
land management agency takes possession of the land.
(d) Use of Payment.--
(1) In general.--Amounts paid to a unit of general local
government under this section shall be deposited into a trust
fund established and administered by the unit of general local
government.
(2) Restriction on use of principal.--The principal of the
trust fund may not be expended.
(3) Use of interest.--Interest generated by the trust fund
shall be available to the unit of general local government for
any governmental purpose.
SEC. 5. RELATIONSHIP OF ONE-TIME PAYMENTS TO PAYMENTS IN LIEU OF TAXES.
A one-time payment received by a unit of general local government
under this Act shall not be deducted or in any way used to offset
payments required to be made to the unit under chapter 69 of title 31,
United States Code.
SEC. 6. DEFINITIONS.
In this section:
(1) Donation.--The term ``donation'' includes any
conveyance of land to the Federal Government that is required
as a condition of receipt of any benefit under Federal law.
(2) Federal land management agency.--The term ``Federal
land management agency'' means each of the following:
(A) The Forest Service.
(B) The Bureau of Land Management.
(C) The National Park Service.
(D) The United States Fish and Wildlife Service.
(3) Unit of general local government.--The term ``unit of
general local government'' has the meaning given the term in
section 6901(2) of title 31, United States Code. | Amends Federal law to fund the payment in lieu of taxes program for five years.Permits a local government to receive a one-time payment to offset revenue loss from a Federal acquisition of land within its jurisdiction. Specifies that if a local government receives a one-time payment, the acquired land shall not be considered entitlement land, irrespective of changes in economic factors.Applies this Act to land acquisitions completed after September 30, 1998. Specifies criteria for determining amounts of one-time payments.Provides that in the case of land acquired before enactment of this Act, the head of the Federal land management agency shall deduct from the one-time payment the amount of any Federal sums paid to the local government since September 30, 1998.Requires each one-time payment to go into a trust fund, the interest of which may be used for any governmental purpose. Forbids expenditure of the principal of such a fund. | {"src": "billsum_train", "title": "To provide full funding for the payment in lieu of taxes program for the next five fiscal years, to protect local jurisdictions against the loss of property tax revenues when private lands are acquired by a Federal land management agency, and for other purposes."} | 1,587 | 210 | 0.545694 | 1.587051 | 0.761933 | 2.765714 | 8.445714 | 0.891429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearms Information Use Act of
2008''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``covered firearms information'' means any
information--
(A) contained in the Firearms Trace System database
maintained by the National Trace Center of the Bureau
of Alcohol, Tobacco, Firearms and Explosives;
(B) required to be kept by a licensee under section
923(g) of title 18, United States Code; or
(C) required to be reported under paragraph (3) or
(7) of section 923(g) of title 18, United States Code;
(2) the term ``firearm'' has the meaning given that term in
section 921 of title 18, United States Code;
(3) the term ``licensee'' means a person licensed under
chapter 44 of title 18, United States Code; and
(4) the term ``qualified civil liability action'' has the
meaning given that term in section 4 of the Protection of
Lawful Commerce in Arms Act (15 U.S.C. 7903).
SEC. 3. REPEAL OF RESTRICTIONS.
(a) In General.--The Consolidated Appropriations Act, 2008 (Public
Law 110-161) is amended under the heading ``salaries and expenses''
under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' under title II of division B by striking ``Provided
further, That, beginning in fiscal year 2008 and thereafter, no funds''
and all that follows through ``felons, and trafficking
investigations:''.
(b) Other Fiscal Years.--
(1) In general.--The sixth proviso under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' under title I of
the Science, State, Justice, Commerce, and Related Agencies
Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2295)
is amended--
(A) by striking ``with respect to any fiscal
year''; and
(B) by striking ``, and all such data shall be
immune from legal process'' and all that follows
through ``a review of such an action or proceeding''.
(2) Fiscal years 2005 and 2003.--Section 644 of title VI of
division J of the Consolidated Appropriations Resolution, 2003
(5 U.S.C. 552 note) and the sixth proviso under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' under title I of
division B of the Consolidated Appropriations Act, 2005 (Public
Law 108-447; 118 Stat 2860) are each amended by striking ``with
respect to any fiscal year''.
(3) Fiscal year 2004.--The sixth proviso under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' under title I of
the Consolidated Appropriations Act, 2004 (Public Law 108-199;
118 Stat. 53) is amended by adding at the end the following ``,
and before October 1, 2004''.
(c) Effective Date; Applicability.--The amendments made by this
section shall--
(1) take effect on the date of enactment of this Act;
(2) apply to any request for or disclosure of information--
(A) pending on the date of enactment of this Act;
or
(B) made on or after the date of enactment of this
Act;
(3) apply to the admissibility of evidence in any
proceeding pending on or after the date of enactment of this
Act; and
(4) apply, notwithstanding any provision of any
appropriations Act.
SEC. 4. LIMITATIONS ON DISCLOSURE AND USE IN CIVIL PROCEEDINGS.
(a) Disclosures to Law Enforcement and Other Government Agencies.--
Upon receipt of a request from a law enforcement agency, a Federal
agency, a Member of Congress, or the chief executive of a State, local,
or tribal government in connection with a law enforcement, national
security, or intelligence purpose, for covered firearms information,
the Attorney General shall provide all such information.
(b) Protections Against Public Disclosure.--No Federal department
or agency or State, local, or tribal government shall knowingly and
publically disclose covered firearms information that--
(1) identifies any undercover law enforcement officer or
confidential informant;
(2) contains specific information relating to any case
under investigation; or
(3) includes the name, address, or any other uniquely
identifying information of the lawful purchaser of any firearm.
(c) Limitations on Use in Civil Proceedings.--
(1) In general.--Subject to paragraph (2), covered firearms
information may be used, relied on, disclosed, and is
admissible, and testimony or other evidence may be permitted
based upon such information, in any court or administrative
proceeding to the extent permitted under the rules applicable
to such proceeding.
(2) Firearms trace system database.--Information contained
in the Firearms Trace System database maintained by the
National Trace Center of the Bureau of Alcohol, Tobacco,
Firearms and Explosives may not be used, relied on, disclosed,
or admitted, and no testimony or other evidence shall be
permitted based on such information--
(A) in any qualified civil liability action, except
that such information may be considered in camera in
determining whether an action or proceeding is a
qualified civil liability action; or
(B) if that information identifies any undercover
law enforcement officer or confidential informant.
(d) Availability for Use in Governmental Administrative
Proceedings.--Nothing in this section may be construed to limit the
disclosure for use in, or the use, reliance on, disclosure,
admissibility, or permissibility of using, covered firearms information
in any action or proceeding that is--
(1) commenced by the Bureau of Alcohol, Tobacco, Firearms,
and Explosives to enforce the provisions of chapter 44 of title
18, United States Code;
(2) instituted by a government agency and relating to a
license or similar authorization; or
(3) a review of an action or proceeding described in
paragraph (1) or (2). | Firearms Information Use Act of 2008 - Amends the Consolidated Appropriations Act, 2008 to repeal restrictions on the disclosure of the content of the Firearms Trace System database.
Requires the Attorney General to provide firearms information relating to law enforcement, national security, or intelligence purposes that is requested by law enforcement and federal agencies, Members of Congress, or state and tribal officials.
Prohibits the public disclosure of firearms information that: (1) identifies any undercover law enforcement officer or informant; (2) contains specific information relating to any case under investigation; or (3) includes the name, address, or any identifying information of a lawful purchaser of any firearm.
Restricts the use of information contained in the Firearms Trace System database in civil proceedings. | {"src": "billsum_train", "title": "A bill to authorize appropriate use of information in the Firearms Trace Database, and for other purposes."} | 1,441 | 171 | 0.511383 | 1.401159 | 0.695488 | 4.506944 | 8.840278 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sand Creek Massacre National
Historic Site Trust Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Facility.--The term ``facility'' means any structure,
utility, road, or sign constructed on the trust property on or
after the date of enactment of this Act.
(2) Improvement.--The term ``improvement'' means--
(A) a 1,625 square foot 1-story ranch house, built in 1952,
located in the SW quarter of sec. 30, T. 17 S., R. 45 W., sixth
principal meridian;
(B) a 3,600 square foot metal-constructed shop building,
built in 1975, located in the SW quarter of sec. 30, T. 17 S.,
R. 45 W., sixth principal meridian;
(C) a livestock corral and shelter; and
(D) a water system and wastewater system with all
associated utility connections.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Tribe.--The term ``Tribe'' means the Cheyenne and Arapaho
Tribes of Oklahoma, a federally recognized Indian tribe.
(5) Trust property.--The term ``trust property'' means the real
property, including rights to all minerals, and excluding the
improvements, formerly known as the ``Dawson Ranch'', consisting of
approximately 1,465 total acres presently under the jurisdiction of
the Tribe, situated within Kiowa County, Colorado, and more
particularly described as follows:
(A) The portion of sec. 24, T. 17 S., R. 46 W., sixth
principal meridian, that is the Eastern half of the NW quarter,
the SW quarter of the NE quarter, the NW quarter of the SE
quarter, sixth principal meridian.
(B) All of sec. 25, T. 17 S., R. 46 W., sixth principal
meridian.
(C) All of sec. 30, T. 17 S., R. 45 W., sixth principal
meridian.
SEC. 3. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR THE CHEYENNE AND
ARAPAHO TRIBES OF OKLAHOMA.
(a) Land Held in Trust for the Cheyenne and Arapaho Tribes of
Oklahoma.--On conveyance of title to the trust property by the Tribe to
the United States, without any further action by the Secretary, the
trust property shall be held in trust for the benefit of the Tribe.
(b) Trust.--All right, title, and interest of the United States in
and to the trust property, except any facilities constructed under
section 4(b), are declared to be held by the United States in trust for
the Tribe.
SEC. 4. IMPROVEMENTS AND FACILITIES.
(a) Improvements.--The Secretary may acquire by donation the
improvements in fee.
(b) Facilities.--
(1) In general.--The Secretary may construct a facility on the
trust property only after consulting with, soliciting advice from,
and obtaining the agreement of, the Tribe, the Northern Cheyenne
Tribe, and the Northern Arapaho Tribe.
(2) Ownership.--Facilities constructed with Federal funds or
funds donated to the United States shall be owned in fee by the
United States.
(c) Federal Funds.--For the purposes of the construction,
maintenance, or demolition of improvements or facilities, Federal funds
shall be expended only on improvements or facilities that are owned in
fee by the United States.
SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF DESCRIPTION.
(a) Survey of Boundary Line.--To accurately establish the boundary
of the trust property, not later than 180 days after the date of
enactment of this Act, the Secretary shall cause a survey to be
conducted by the Office of Cadastral Survey of the Bureau of Land
Management of the boundary lines described in section 2(5).
(b) Publication of Land Description.--
(1) In general.--On completion of the survey under subsection
(a), and acceptance of the survey by the representatives of the
Tribe, the Secretary shall cause the full metes and bounds
description of the lines, with a full and accurate description of
the trust property, to be published in the Federal Register.
(2) Effect.--The description shall, on publication, constitute
the official description of the trust property.
SEC. 6. ADMINISTRATION OF TRUST PROPERTY.
(a) In General.--The trust property shall be administered in
perpetuity by the Secretary as part of the Sand Creek Massacre National
Historic Site, only for historical, traditional, cultural, and other
uses in accordance with the Sand Creek Massacre National Historic Site
Establishment Act of 2000 (16 U.S.C. 461 note; Public Law 106-465).
(b) Access for Administration.--For purposes of administration, the
Secretary shall have access to the trust property, improvements, and
facilities as necessary for management of the Sand Creek Massacre
National Historic Site in accordance with the Sand Creek Massacre
National Historic Site Establishment Act of 2000 (16 U.S.C. 461 note;
Public Law 106-465).
(c) Duty of the Secretary.--The Secretary shall take such action as
is necessary to ensure that the trust property is used only in
accordance with this section.
(d) Savings Provision.--Nothing in this Act supersedes the laws and
policies governing units of the National Park System.
SEC. 7. ACQUISITION OF PROPERTY.
Section 6(a)(2) of the Sand Creek Massacre National Historic Site
Establishment Act of 2000 (16 U.S.C. 461 note; Public Law 106-465) is
amended by inserting ``or exchange'' after ``only by donation''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Sand Creek Massacre National Historic Site Trust Act of 2005 - Authorizes the United States to take into trust specified real property formerly known as Dawson Ranch, including rights to all minerals and excluding improvements, in Kiowa County, Colorado, owned by the Cheyenne and Arapaho Indian Tribes of Oklahoma.
Directs the Tribes to convey title to the Dawson Ranch to the United States.
Declares that all right, title, and interest of the United States in and to the Ranch except any facilities constructed pursuant to this Act, are to be held in trust by the United States for the Tribes.
Authorizes the Secretary of the Interior to acquire by donation the improvements in fee. Permits the Secretary to construct a facility on the Ranch only after consulting with, soliciting advice from, and obtaining the agreement of, the Tribe, the Northern Cheyenne Tribe, and the Northern Arapaho Tribe. States that: (1) facilities constructed with federal funds or funds donated to the United States shall be owned in fee by the United States; and (2) for purposes of the construction, maintenance, or demolition of improvements or facilities, federal funds shall be expended only on improvements or facilities that are owned in fee by the United States.
Requires the Ranch to be administered in perpetuity by the Secretary as part of the Site only for historical, traditional, cultural, and other uses in accordance with the Sand Creek Massacre National Historic Site Establishment Act of 2000. Requires that, for purposes of administration, the Secretary shall have access to the Ranch, improvements, and facilities as necessary for the management of the Site in accordance with the Act. Instructs the Secretary to take such action as is necessary to ensure that the Ranch is used only in accordance with all such requirements for the administration of the Ranch.
Amends the Act to allow the Secretary to acquire land and interests in land within the boundaries of the Site which are owned by the state of Colorado (including a political subdivision of that state) only by donation or exchange (currently, only by donation). | {"src": "billsum_train", "title": "To further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000."} | 1,346 | 442 | 0.573473 | 2.025916 | 0.652393 | 4.967005 | 2.926396 | 0.941624 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay Accountability and
Recovery Act of 2008''.
SEC. 2. CHESAPEAKE BAY CROSSCUT BUDGET.
(a) Crosscut Budget.--The Director, in consultation with the
Chesapeake Executive Council, the chief executive of each Chesapeake
Bay State, and the Chesapeake Bay Commission, shall submit to Congress
a financial report containing--
(1) an interagency crosscut budget that displays--
(A) the proposed funding for any Federal
restoration activity to be carried out in the
succeeding fiscal year, including any planned
interagency or intra-agency transfer, for each of the
Federal agencies that carry out restoration activities;
(B) to the extent that information is available,
the estimated funding for any State restoration
activity to be carried out in the succeeding fiscal
year;
(C) all expenditures for Federal restoration
activities from the preceding 3 fiscal years, the
current fiscal year, and the succeeding fiscal year;
and
(D) all expenditures, to the extent that
information is available, for State restoration
activities during the equivalent time period described
in subparagraph (C);
(2) a detailed accounting of all funds received and
obligated by all Federal agencies for restoration activities
during the current and preceding fiscal years, including the
identification of funds which were transferred to a Chesapeake
Bay State for restoration activities;
(3) to the extent that information is available, a detailed
accounting from each State of all funds received and obligated
from a Federal agency for restoration activities during the
current and preceding fiscal years; and
(4) a description of each of the proposed Federal and State
restoration activities to be carried out in the succeeding
fiscal year (corresponding to those activities listed in
subparagraphs (A) and (B) of paragraph (1)), including the--
(A) project description;
(B) current status of the project;
(C) Federal or State statutory or regulatory
authority, programs, or responsible agencies;
(D) authorization level for appropriations;
(E) project timeline, including benchmarks;
(F) references to project documents;
(G) descriptions of risks and uncertainties of
project implementation;
(H) adaptive management actions or framework;
(I) coordinating entities;
(J) funding history;
(K) cost-sharing; and
(L) alignment with existing Chesapeake Bay
Agreement and Chesapeake Executive Council goals and
priorities.
(b) Minimum Funding Levels.--The Director shall only describe
restoration activities in the report required under subsection (a)
that--
(1) for Federal restoration activities, have funding
amounts greater than or equal to $100,000; and
(2) for State restoration activities, have funding amounts
greater than or equal to $50,000.
(c) Deadline.--The Director shall submit to Congress the report
required by subsection (a) not later than 30 days after the submission
by the President of the President's annual budget to Congress.
(d) Report.--Copies of the financial report required by subsection
(a) shall be submitted to the Committees on Appropriations, Natural
Resources, Energy and Commerce, and Transportation and Infrastructure
of the House of Representatives and the Committees on Appropriations,
Environment and Public Works, and Commerce, Science, and Transportation
of the Senate.
(e) Effective Date.--This section shall apply beginning with the
first fiscal year after the date of enactment of this Act for which the
President submits a budget to Congress.
SEC. 3. ADAPTIVE MANAGEMENT PLAN.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator, in consultation with other Federal and
State agencies, shall develop an adaptive management plan for the
Chesapeake Bay Program and restoration activities that includes--
(1) definition of specific and measurable objectives to
improve water quality, habitat, and fisheries;
(2) a process for stakeholder participation;
(3) monitoring, modeling, experimentation, and other
research and evaluation practices;
(4) a process for modification of restoration activities
that have not attained or will not attain the specific and
measurable objectives set forth under paragraph (1); and
(5) a process for prioritizing restoration activities and
programs to which adaptive management shall be applied.
(b) Implementation.--The Administrator shall implement the adaptive
management plan developed under subsection (a).
(c) Updates.--The Administrator shall update the adaptive
management plan developed under subsection (a) every 3 years.
(d) Report to Congress.--
(1) In general.--Not later than 60 days after the end of a
fiscal year, the Administrator shall transmit to Congress an
annual report on the implementation of the adaptive management
plan required under this section for such fiscal year.
(2) Contents.--The report required under paragraph (1)
shall contain information about the application of adaptive
management to restoration activities and programs, including
programmatic and project level changes implemented through the
process of adaptive management.
(3) Effective date.--Paragraph (1) shall apply to the first
fiscal year that begins after the date of enactment of this
Act.
SEC. 4. DEFINITIONS.
In this Act, the following definitions apply:
(1) Adaptive management.--The term ``adaptive management''
means a type of natural resource management in which project
and program decisions are made as part of an ongoing science-
based process. Adaptive management involves testing,
monitoring, and evaluating applied strategies and incorporating
new knowledge into programs and restoration activities that are
based on scientific findings and the needs of society. Results
are used to modify management policy, strategies, practices,
programs, and restoration activities.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Chesapeake bay state.--The term ``Chesapeake Bay
State'' or ``State'' means the States of Maryland, West
Virginia, Delaware, and New York, the Commonwealths of Virginia
and Pennsylvania, and the District of Columbia.
(4) Chesapeake bay watershed.--The term ``Chesapeake Bay
watershed'' means the Chesapeake Bay and the geographic area,
as determined by the Secretary of the Interior, consisting of
36 tributary basins, within the Chesapeake Bay States, through
which precipitation drains into the Chesapeake Bay.
(5) Chief executive.--The term ``chief executive'' means,
in the case of a State or Commonwealth, the Governor of each
such State or Commonwealth and, in the case of the District of
Columbia, the Mayor of the District of Columbia.
(6) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(7) Restoration activities.--The term ``restoration
activities'' means any Federal or State programs or projects
that directly or indirectly protect, conserve, or restore
living resources, habitat, water resources, or water quality in
the Chesapeake Bay watershed, including programs or projects
that promote responsible land use, stewardship, and community
engagement in the Chesapeake Bay watershed. Restoration
activities may be categorized as follows:
(A) Physical restoration.
(B) Planning.
(C) Feasibility studies.
(D) Scientific research.
(E) Monitoring.
(F) Education.
(G) Infrastructure Development. | Chesapeake Bay Accountability and Recovery Act of 2008 - Requires the Director of the Office of Management and Budget (OMB), in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay state, and the Chesapeake Bay Commission, to submit to Congress a financial report containing: (1) an interagency crosscut budget for restoration activities that protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed; (2) an accounting of funds received and obligated by all federal agencies for restoration activities; (3) an accounting from each state of all funds received and obligated from a federal agency for restoration activities; and (4) a description of each of the proposed federal and state restoration activities. Requires: (1) such report to describe only federal restoration activities that have funding amounts of at least $100,000 and state restoration activities that have funding amounts of at least $50,000; and (2) the Director to submit the report no later than 30 days after the submission of the President's annual budget to Congress.
Requires the Administrator of the Environmental Protection Agency (EPA) to develop and update every three years an adaptive management plan for the Chesapeake Bay Program and restoration activities that includes: (1) a definition of specific and measurable objectives to improve water quality, habitat, and fisheries; (2) a process for stakeholder participation; (3) monitoring, modeling, experimentation, and other research and evaluation practices; (4) a process for modification of restoration activities that have not attained or will not attain such objectives; and (5) a process for prioritizing restoration activities and programs to which adaptive management shall be applied. Sets forth reporting requirements. | {"src": "billsum_train", "title": "To require the Office of Management and Budget to prepare a crosscut budget for restoration activities in the Chesapeake Bay watershed, to require the Environmental Protection Agency to develop and implement an adaptive management plan, and for other purposes."} | 1,616 | 374 | 0.706553 | 2.094473 | 0.835513 | 6.113772 | 4.48503 | 0.952096 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal-Utah State Trust Lands
Consolidation Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The San Rafael Swell in Utah is a 900-square mile, wild
and beautiful region west of the Green River. The San Rafael
Swell is dominated by the jagged, uplifted San Rafael Reef,
which has nearly two dozen major canyons and many side draws
and box canyons. The San Rafael Swell towers above the desert
like a wilderness castle, ringed by 1,000-foot ramparts of
Navajo sandstone. Its highlands have been fractured by uplift
and scooped hollow by erosion over countless millennia, leaving
a tremendous basin punctuated by mesas, buttes, and canyons and
traversed by sediment-laden desert streams.
(2) The San Rafael Swell region was one of the country's
last frontiers and possesses important natural, historical, and
cultural resources, including exceptional backcountry
recreation opportunities, productive habitat for Desert Bighorn
Sheep, important historical sites, including sections of the
Old Spanish Trail and the Outlaw Trail, significant
paleontological resources, and multiple wilderness study areas
created pursuant to section 603 of the Federal Lands Policy and
Management Act of 1976, or otherwise identified by local
government and conservation interests as having significant
conservation values. The beautiful rural landscapes, historic
and cultural landscapes, and spectacular scenic vistas of the
San Rafael Swell region contain significant undeveloped
recreational opportunities for people throughout the United
States.
(3) The State of Utah owns approximately 102,871 acres of
land located in the San Rafael Swell region and administered by
the Utah School and Institutional Trust Lands Administration.
These lands were granted by the Congress to the State of Utah
pursuant to the Utah Enabling Act of 1894 (chapter 138; 23
Stat. 107), to be held in trust for the benefit of the State's
public school system and other public institutions. The lands
are largely scattered in checkerboard fashion amidst the
Federal lands comprising the remainder of the San Rafael Swell
area.
(4) Development of surface and mineral resources on State
trust lands within the San Rafael Swell area, or the sale of
such lands into private ownership, could be incompatible with
management of such lands for nonimpairment of their wilderness
characteristics pursuant to section 603(c) of the Federal Land
Policy and Management Act of 1976, with future congressional
designation of the lands as wilderness, or with future
designation of such lands as a national monument, national
heritage area, or other conservation designation.
(5) The State of Utah also owns 3,533 acres of land within
or directly adjacent to the Manti-La Sal National Forest in
Grand and Emery Counties, Utah, and 6,411 acres of land within
the Red Cliffs Desert Reserve, a conservation reserve
established in 1995 by the United States and Washington County,
Utah, to implement a multiple-species habitat conservation plan
approved by the Fish and Wildlife Service under section 10(a)
of the Endangered Species Act of 1973. The Reserve contains the
highest density of critical habitat for the Mojave desert
tortoise, a threatened species, in the United States. These
State trust lands are also administered by the Utah School and
Institutional Trust Lands Administration, but the use of such
lands by the State is limited because of the conservation
designations of surrounding Federal lands.
(6) The United States owns lands and interests in lands
elsewhere in Utah that can be transferred to the State of Utah
in exchange for the San Rafael Swell inholdings, the Manti-La
Sal forest lands, and the Red Cliffs Desert Reserve lands
without jeopardizing Federal management objectives or needs.
(7) The large presence of State trust land inholdings in
the San Rafael Swell region, the Manti-La Sal National Forest,
and the Red Cliffs Desert Reserve makes land and resource
management in these areas difficult, costly, and controversial
for both the State of Utah and the United States.
(8) It is in the public interest to reach agreement on
exchange of such inholdings, on terms fair to both the State of
Utah and the United States. Such an agreement, subject to
ratification by Congress and consent by the Utah legislature,
would save much time and delay in meeting the legitimate
expectations of the State school and institutional trusts, in
simplifying management of Federal lands, and in avoiding the
significant time and expense associated with administrative
land exchanges.
(9) The State of Utah and the United States have reached an
agreement under which the State would exchange certain State
trust lands within the San Rafael Swell region, the Manti-La
Sal National Forest, and the Red Cliffs Desert Reserve for
various Federal lands outside of those areas but in the same
region of Utah.
(10) The parties agreed at the outset of negotiations to
avoid identifying Federal assets for conveyance to the State
where any of the following was known to exist or likely to be
an issue as a result of foreseeable future uses of the lands:
(A) Wilderness study areas.
(B) Areas proposed for wilderness designation in
pending Federal legislation.
(C) Significant endangered species habitat.
(D) Significant archaeological resources.
(E) Areas of critical environmental concern.
(F) Other lands known to raise significant
environmental concerns of any kind.
(11) Because the State trust lands to be acquired by the
Federal Government include properties within some of the most
spectacular wild areas in the western United States, and
because a mission of the Utah School and Institutional Trust
Lands Administration is to produce economic benefits for Utah's
public schools and other beneficiary institutions, the exchange
of lands called for in this agreement will resolve longstanding
environmental conflicts with respect to existing and proposed
wilderness study areas, place important natural lands into
public ownership, and further the interests of the State trust
lands, the school children of Utah, and these conservation
resources.
(12) Under this agreement, the State interests to be
conveyed to the United States by the State of Utah, and the
Federal interests to be conveyed to the State of Utah by the
United States, have been examined by licensed independent real
estate consultants and, taken as a whole, have been found to be
approximately equal in value.
(b) Purpose.--The purpose of this Act is to enact into law and
direct prompt implementation of this agreement, and thereby to further
the public interest by consolidating State and Federal lands into
manageable units while facilitating the protection of lands with
significant scientific, cultural, and natural resources.
SEC. 3. RATIFICATION OF THE AGREED EXCHANGE BETWEEN THE STATE OF UTAH
AND THE UNITED STATES.
(a) Agreement.--The State of Utah, the Department of the Interior,
and the Department of Agriculture have agreed to exchange certain
Federal lands in the State of Utah for lands of approximately equal
value managed by the Utah School and Institutional Trust Lands
Administration in the San Rafael Swell area of Utah, the Manti-La Sal
National Forest, and the Red Cliffs Desert Reserve.
(b) Ratification.--All terms, conditions, procedures, covenants,
reservations, and other provisions set forth in the document entitled
``Agreement for Exchange of Lands 2002 Federal-Utah State Trust Lands
Consolidation'', dated June 18, 2002 (in this Act referred to as ``the
Agreement''), are hereby incorporated in this Act, are ratified and
confirmed, and set forth the obligations of the United States, the
State of Utah, and the Utah School and Institutional Trust Lands
Administration, as a matter of Federal law.
SEC. 4. CONVEYANCES.
(a) Conveyances.--All conveyances under sections 2, 3, and 4 of the
Agreement shall be completed not later than 70 days after enactment of
this Act.
(b) Maps and Legal Descriptions.--
(1) In general.--The maps and legal descriptions referred
to in the Agreement depict the lands subject to the conveyances
under the Agreement.
(2) Public availability.--The maps and legal descriptions
referred to in the Agreement shall be on file and available for
public inspection in the offices of the Secretary of the
Interior, the Secretary of Agriculture, the Intermountain
Regional Office of the Forest Service, and the Utah State
Director of the Bureau of Land Management.
(3) Conflict.--In case of any conflict between the maps and
the legal descriptions in the Agreement, the legal descriptions
shall control.
(c) Certain Coal Lands.--
(1) Identification.--The Secretary of the Interior shall
prepare legal descriptions for the approximately 4,000 acres of
Federal lands that State of Utah and the Secretary have
identified within sections 1 through 17 of township 22 south,
range 6 east, and within township 22 south, range 7 east, Salt
Lake Base and Meridian, Utah.
(2) Restriction on conveyance.--Conveyance of the lands
identified in paragraph (1) shall reserve to the United States
the coal estate and the right to develop the coal estate.
(3) Future disposition.--Reservation of the coal estate
pursuant to paragraph (2) shall not restrict future disposition
of the coal estate pursuant to applicable law.
(d) Species Identification.--Prior to any conveyances under this
Act, the Secretary of the Interior shall identify Federal lands subject
to the Agreement which contain wildlife species, or habitat of wildlife
species, listed as a threatened species or an endangered species under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or that is
a candidate for such a listing.
(e) Independent Mineral Assessment.--Prior to any conveyances under
this Act, the Secretary of the Interior and the State of Utah shall
select an independent qualified mineral appraiser, or other qualified
expert agreeable to both parties, who shall determine whether the terms
of the Agreement related to the UA/UB parcel, identified in section
3(d) of the Agreement, are fair and equitable to both parties. If there
is a contrary determination, the Secretary and the State shall adjust
the exchange or terms of the Agreement so that the terms are fair and
equitable to both parties.
(f) Exceptions to Conveyances.--
(1) Legal descriptions.--The Secretary of the Interior
shall prepare legal descriptions, using the smallest possible
aliquot parts, for lands within sections 4, 5, 8, and 9,
township 22 south, range 7 east, and within section 12,
township 22 south, range 6 east, Salt Lake Base and Meridian,
and which are identified on the map entitled ``Emery County
Lands'', dated September 27, 2002.
(2) Lands not authorized to be conveyed.--The lands
identified in paragraph (1) shall not be conveyed pursuant to
subsection (a). In addition, lands within section 17, township
22 south, range 7 east, and within section 33, township 21
south, range 7 east, Salt Lake Base and Meridian, shall not be
conveyed pursuant to subsection (a).
(3) Lands not authorized to be accepted.--The Secretary of
the Interior shall not accept conveyance of section 36,
township 24 south, range 6 east; section 32, township 24 south,
range 14 east; and section 2, township 26 south, range 8 east,
Salt Lake Base and Meridian, Utah, pursuant to subsection (a).
SEC. 5. PLANT AND WILDLIFE SPECIES.
For the lands identified under section 4(d), and the lands
identified in Exhibit E to the Agreement, the Secretary of the Interior
and the State of Utah shall enter into an agreement which provides a
process for the State to consult or take other appropriate action to
avoid, offset, or mitigate adverse effects to any species or habitat
identified.
SEC. 6. MINERAL DEVELOPMENT.
All payments received by the United States pursuant to section
13(c) of the Agreement shall be subject to sharing with the State of
Utah in the same manner the United States shares bonus bids, rentals,
and royalties with the State of Utah under section 35 of the Mineral
Leasing Act (30 U.S.C. 191).
SEC. 7. AUTHORIZATION.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, including such sums as may be desired to reduce
the balance of the interest and principal amounts owed by the United
States to the Trust Lands Administration pursuant to sections 4 and 5
of the Agreement.
SEC. 8. COSTS.
The United States and the State of Utah shall each bear its own
respective costs incurred in the implementation of this Act.
Passed the House of Representatives October 1, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | Federal-Utah State Trust Lands Consolidation Act - (Sec. 3) Establishes that the State of Utah, the Department of the Interior, and the Department of Agriculture have agreed to exchange certain Federal lands in the State of Utah for certain Utah State lands of approximately equal value. Ratifies, confirms, and incorporates all provisions set forth in the "Agreement for Exchange of Lands 2002 Federal-Utah State Trust Lands Consolidation."(Sec. 4) Directs that all conveyances in the Agreement shall be completed within 70 days after enactment of this Act. Declares that, in the approximately 4,000 acres of Federal lands being conveyed, the United States will retain the coal estate and the right to develop such estate.Directs the Secretary of the Interior to identify Federal lands being conveyed that contain wildlife species, or habitat of wildlife species, that are listed as threatened or endangered or as candidates for either classification under the Endangered Species Act of 1973. Provides for an independent mineral assessment of certain land in the Agreement to make sure the Agreement is fair and equitable to both parties.Specifies lands that shall not be conveyed by the Secretary, and lands that the Secretary shall not accept in conveyance.(Sec. 5) Directs the Secretary and the State of Utah to make an agreement to enable Utah to consult or take other appropriate action to avoid, offset, or mitigate adverse effects to any species or habitat identified as threatened or endangered or as candidates for either classification.(Sec. 6) Directs the Federal Government to share payments pursuant to the Agreement with the State of Utah as bonus bids, rentals, and royalties are shared under the Mineral Leasing Act.(Sec. 7) Authorizes appropriations.(Sec. 8) Requires the United States and the State of Utah to each bear its own respective costs in implementing this Act. | {"src": "billsum_train", "title": "To provide for the exchange of certain lands in Utah."} | 2,809 | 427 | 0.388038 | 1.512365 | 0.681161 | 4.303571 | 7.6875 | 0.89881 |
SECTION 1. AUTHORIZATION FOR UNITED STATES CUSTOMS SERVICE.
(a) In General.--In order to enhance border investigative resources
on the Southwest border, enhance investigative resources for
anticorruption efforts, intensify efforts against drug smuggling and
money-laundering organizations, process cargo, reduce commercial and
passenger traffic waiting times, and open all primary lanes during peak
hours at certain ports on the Southwest and Northern borders, in
addition to any other amount appropriated, there are authorized to be
appropriated for salaries, expenses, and equipment for the United
States Customs Service for purposes of carrying out this section--
(1) $161,248,584 for fiscal year 1999;
(2) $185,751,328 for fiscal year 2000; and
(3) such sums as may be necessary in each fiscal year
thereafter.
(b) Fiscal Year 1999.--Of the amounts authorized to be appropriated
under subsection (a)(1) for fiscal year 1999, $48,404,000 shall be
available until expended for acquisition and other expenses associated
with implementation and full deployment of narcotics enforcement and
cargo processing technology along the Southwest border, including--
(1) $6,000,000 for 8 Vehicle and Container Inspection
Systems (VACIS);
(2) $11,000,000 for 5 mobile truck x-rays with transmission
and backscatter imaging;
(3) $12,000,000 for the upgrade of 8 fixed-site truck x-
rays from the present energy level of 450,000 electron volts to
1,000,000 electron volts (1-MeV);
(4) $7,200,000 for 8 1-MeV pallet x-rays;
(5) $1,000,000 for 200 portable contraband detectors
(busters) to be distributed among ports where the current
allocations are inadequate;
(6) $600,000 for 50 contraband detection kits to be
distributed among all Southwest border ports based on traffic
volume;
(7) $500,000 for 25 ultrasonic container inspection units
to be distributed among all ports receiving liquid-filled cargo
and to ports with a hazardous material inspection facility;
(8) $2,450,000 for 7 automated targeting systems;
(9) $360,000 for 30 rapid tire deflator systems to be
distributed to those ports where port runners are a threat;
(10) $480,000 for 20 Portable Treasury Enforcement
Communications System (TECS) terminals to be moved among ports
as needed;
(11) $1,000,000 for 20 remote watch surveillance camera
systems at ports where there are suspicious activities at
loading docks, vehicle queues, secondary inspection lanes, or
areas where visual surveillance or observation is obscured;
(12) $1,254,000 for 57 weigh-in-motion sensors to be
distributed among the ports with the greatest volume of outbound
traffic;
(13) $180,000 for 36 AM radio ``Welcome to the United
States'' stations, with 1 station to be located at each border
crossing;
(14) $1,040,000 for 260 inbound vehicle counters to be
installed at every inbound vehicle lane;
(15) $950,000 for 38 spotter camera systems to counter the
surveillance of Customs inspection activities by persons
outside the boundaries of ports where such surveillance
activities are occurring;
(16) $390,000 for 60 inbound commercial truck transponders
to be distributed to all ports of entry;
(17) $1,600,000 for 40 narcotics vapor and particle
detectors to be distributed to each border crossing; and
(18) $400,000 for license plate reader automatic targeting
software to be installed at each port to target inbound
vehicles.
(c) Fiscal Year 2000 and Thereafter.--Of the amount authorized to
be appropriated under subsection (a) (2) and (3) for fiscal year 2000
and each fiscal year thereafter, $4,840,400 shall be for the
maintenance and support of the equipment and training of personnel to
maintain and support the equipment described in subsection (b), based
on an estimate of 10 percent of the cost of such equipment.
(d) New Technologies: Use of Funds.--
(1) In general.--The Commissioner of Customs may use the
amounts authorized to be appropriated for equipment under this
section for equipment other than the equipment specified in
subsection (b) if such other equipment--
(A)(i) is technologically superior to the equipment
specified in subsection (b); and
(ii) will achieve at least the same results at a
cost that is the same or less than the equipment
specified in subsection (b); or
(B) can be obtained at a lower cost than the
equipment authorized in paragraphs (1) through (18).
(2) Transfer of funds.--Notwithstanding any other provision
of this section, the Commissioner of Customs may reallocate an
amount not to exceed 10 percent of the amount specified in any
of paragraphs (1) through (18) of subsection (b) for equipment
specified in any other of such paragraphs (1) through (18).
(e) Peak Hours and Investigative Resource Enhancement.--Of the
amounts authorized to be appropriated under subsection (a) for fiscal
years 1999 and 2000, $112,844,584 in fiscal year 1999 and $180,910,928
for fiscal year 2000 shall be for--
(1) a net increase of 535 inspectors and 60 special agents
for the Southwest border and 375 inspectors for the Northern
border, in order to open all primary lanes on the Southwest and
Northern borders during peak hours and enhance investigative
resources;
(2) a net increase of 285 inspectors and canine enforcement
officers to be distributed at large cargo facilities as needed
to process and screen cargo (including rail cargo) and reduce
commercial waiting times on the Southwest border;
(3) a net increase of 360 special agents, 40 intelligence
analysts, and additional resources to be distributed among
offices that have jurisdiction over major metropolitan drug or
narcotics distribution and transportation centers for
intensification of efforts against drug smuggling and money-
laundering organizations;
(4) a net increase of 50 positions and additional resources
to the Office of Internal Affairs to enhance investigative
resources for anticorruption efforts; and
(5) the costs incurred as a result of the increase in
personnel hired pursuant to this section. | Authorizes appropriations for the U.S. Customs Service for FY 1999 and 2000 for acquisition and deployment of narcotics enforcement and cargo processing technology (including maintenance and support of such equipment, training of personnel, and for new technologies) along the U.S. Southwest border. Earmarks amounts for additional inspectors, canine enforcement officers, special agents, and enhanced investigative resources during peak hours along the border. | {"src": "billsum_train", "title": "A bill to authorize additional appropriations for United States Customs Service personnel and technology in order to expedite the flow of legal commercial and passenger traffic at United States land borders."} | 1,286 | 93 | 0.576705 | 1.667252 | 1.198385 | 2.194444 | 17.027778 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prosecutors and Defenders Incentive
Act''.
SEC. 2. STUDENT LOAN REPAYMENT FOR PUBLIC ATTORNEYS.
(a) In General.--The Higher Education Act of 1965 is amended by
inserting after section 428K (20 U.S.C. 1078-11) the following:
``SEC. 428L. LOAN FORGIVENESS FOR PUBLIC ATTORNEYS.
``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as prosecutors
and public defenders.
``(b) Definitions.--In this section:
``(1) Prosecutor.--The term `prosecutor' means a full-time
employee of a State or local agency who--
``(A) is continually licensed to practice law; and
``(B) prosecutes criminal cases at the State or
local level.
``(2) Public defender.--The term `public defender' means an
attorney who--
``(A) is continually licensed to practice law; and
``(B) is a full-time employee of a State or local
agency, or of a nonprofit organization operating under
a contract with a State or unit of local government or
as a full time Federal defender attorney employed in a
defender organization established pursuant to
subsection (g) of section 3006A of title 18, United
States Code, which provides legal representation
services to indigent persons in criminal cases.
``(3) Student loan.--The term `student loan' means--
``(A) a loan made, insured, or guaranteed under
this part; and
``(B) a loan made under part D or E.
``(c) Program Authorized.--For the purpose of encouraging qualified
individuals to enter and continue employment as prosecutors and public
defenders, the Secretary shall carry out a program, through the holder
of a loan, of assuming the obligation to repay (by direct payments on
behalf of a borrower) a qualified loan amount for a loan made under
section 428 or 428H, in accordance with subsection (d), for any
borrower who--
``(1) is employed as a prosecutor or public defender; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(d) Terms of Agreement.--
``(1) In general.--To be eligible to receive repayment
benefits under this section, a borrower shall enter into a
written agreement that specifies that--
``(A) the borrower will remain employed as a
prosecutor or public defender for a required period of
service specified in the agreement (but not less than 3
years), unless involuntarily separated from that
employment;
``(B) if the borrower is involuntarily separated
from that employment on account of misconduct, or
voluntarily separates from that employment, before the
end of the period specified in the agreement, the
borrower will repay the Secretary the amount of any
benefits received by such employee under this section;
``(C) if the borrower is required to repay an
amount to the Secretary under subparagraph (B) and
fails to repay the amount described in subparagraph
(B), a sum equal to the amount is recoverable by the
Government from the employee (or such employee's
estate, if applicable) by such method as is provided by
law for the recovery of amounts owing to the
Government;
``(D) the Secretary may waive, in whole or in part,
a right of recovery under this subsection if it is
shown that recovery would be against equity and good
conscience or against the public interest; and
``(E) the Secretary shall make student loan
payments under this section for the period of the
agreement, subject to the availability of
appropriations.
``(2) Repayments.--Any amount repaid by, or recovered from,
an individual (or an estate) under this subsection shall be
credited to the appropriation account from which the amount
involved was originally paid. Any amount so credited shall be
merged with other sums in such account and shall be available
for the same purposes and period, and subject to the same
limitations (if any), as the sums with which the amount was
merged.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan
payments made by the Secretary under this section shall
be made subject to such terms, limitations, or
conditions as may be mutually agreed to by the borrower
concerned and the Secretary in the agreement described
in this subsection, except that the amount paid by the
Secretary under this section may not exceed--
``(i) $6,000 for any borrower in any
calendar year; or
``(ii) a total of $40,000 in the case of
any borrower.
``(B) Beginning of payments.--Nothing in this
section shall be construed to authorize the Secretary
to pay any amount to reimburse a borrower for any
repayments made by such borrower prior to the date on
which the Secretary entered into an agreement with the
employee under this subsection.
``(e) Additional Agreements.--On completion of the required period
of service under such an agreement, the borrower concerned and the
Secretary may enter into an additional agreement described in
subsection (d) for a successive period of service specified in the
agreement (which may be less than 3 years).
``(f) Award Basis; Priority.--
``(1) Award basis.--The Secretary shall provide repayment
benefits under this section on a first-come, first-served basis
(subject to paragraph (2)) and subject to the availability of
appropriations.
``(2) Priority.--The Secretary shall give priority in
providing repayment benefits under this section for a fiscal
year to a borrower who--
``(A) received repayment benefits under this
section for the preceding fiscal year; and
``(B) has completed less than 3 years of the first
required period of service specified for the borrower
in an agreement entered into under subsection (d).
``(g) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for fiscal year 2006
and such sums as may be necessary for each succeeding fiscal year.''.
(b) Cancellation of Loans.--
(1) Amendment.--Section 465(a)(2)(F) of the Higher
Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(F)) is amended by
inserting ``, as a public defender (as defined in section
428L), or as a full time Federal defender attorney employed in
a defender organization established pursuant to subsection (g)
of section 3006A of title 18, United States Code'' after
``agencies''.
(2) Effective date.--The amendment made by this subsection
shall apply to--
(A) eligible loans made before, on, or after the
date of enactment of this Act; and
(B) service as a prosecutor or public defender that
is provided on or after the date of enactment of this
Act.
(3) Construction.--Nothing in this subsection or the
amendment made by this subsection shall be construed to
authorize the Secretary to pay any amount to reimburse a
borrower for any repayments made by such borrower prior to the
date on which the borrower became eligible for cancellation
under section 465(a) of such Act (20 U.S.C. 1087ee(a)). | Prosecutors and Defenders Incentive Act - Amends the Higher Education Act of 1965 (HEA) to establish a program of student loan forgiveness for borrowers who agree to remain employed, for at least three years, as public attorneys who are: (1) State or local criminal prosecutors; or (2) State, local, or Federal public defenders in criminal cases.
Directs the Secretary of Education to provide such student loan repayment benefits for such public attorneys on a first-come, first-served basis, and subject to the availability of appropriations. Requires priority to be given to borrowers who received repayment benefits for the preceding fiscal year and have completed less than three years of the first required service period. Allows the borrower and the Secretary to enter into an additional agreement, after the required three-year period, for a successive period of service which may be less than three years. Limits the amount paid under such program on behalf of any borrower to $6,000 per calendar year and $40,000 total.Includes public defenders among those eligible under a current HEA program of cancellation of student loans for certain public service. | {"src": "billsum_train", "title": "To authorize funding for student loan repayment for public attorneys."} | 1,736 | 250 | 0.610686 | 1.819095 | 0.786468 | 2.518692 | 7.191589 | 0.873832 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Legacy Act of 2002''.
SEC. 2. REPORT ON REMEDIAL ACTION PLANS.
Section 118(c)(3) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)(3)) is amended by adding at the end the following:
``(E) Report.--Not later than 1 year after the date
of enactment of this subparagraph, the Administrator
shall submit to Congress a report on such actions, time
periods, and resources as are necessary to fulfill the
duties of the Agency relating to oversight of Remedial
Action Plans under--
``(i) this paragraph; and
``(ii) the Great Lakes Water Quality
Agreement.''.
SEC. 3. GRANTS FOR THE REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS
OF CONCERN.
Section 118(c) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)) is amended by adding at the end the following:
``(12) Grants for remediation of sediment contamination in
areas of concern.--
``(A) Definition of qualified project.--In this
paragraph, the term `qualified project' means a
project, to be carried out in an area of concern
located wholly or in part in the United States, to--
``(i) monitor or evaluate contaminated
sediment, including conducting a site
characterization;
``(ii) remediate contaminated sediment
(including disposal of the contaminated
sediment); or
``(iii) prevent further or renewed
contamination of sediment.
``(B) Grants.--The Administrator, acting through
the Program Office, may make grants to States to carry
out qualified projects.
``(C) Priority.--In making grants under this
paragraph, the Administrator shall give priority to a
qualified project that--
``(i) consists of remedial action for
contaminated sediment;
``(ii) has been identified in a Remedial
Action Plan that is--
``(I) submitted under paragraph
(3); and
``(II) ready to be implemented;
``(iii) will use an innovative approach,
technology, or technique for remediation; or
``(iv) includes remediation to be commenced
not later than 1 year after the receipt of the
grant funds.
``(D) Limitations.--The Administrator may not make
a grant under this paragraph to carry out a qualified
project described in clause (ii) or (iii) of
subparagraph (A)--
``(i) that is located in an area of concern
that the Administrator determines is likely to
suffer significant further or renewed sediment
contamination from sources of pollutants after
the completion of the qualified project; or
``(ii) at a site that has not had a
thorough site characterization.
``(E) Coordination.--In making grants under this
paragraph, the Administrator shall coordinate with the
Secretary of the Army, and with the Governors of States
in which qualified projects assisted under this
paragraph are located, to ensure that Federal and State
assistance for remediation in areas of concern is used
as efficiently as practicable.
``(F) NEPA applicability.--A qualified project
carried out under this paragraph that involves a major
activity, as determined by the Administrator, shall be
subject to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(G) Authorization of appropriations.--
``(i) In general.--In addition to other
amounts authorized to be appropriated under
this section, there is authorized to be
appropriated to carry out this paragraph
$50,000,000 for each of fiscal years 2004
through 2008.
``(ii) Availability.--Funds appropriated
under clause (i) shall remain available until
expended.
``(13) Research and development program.--
``(A) In general.--The Administrator, in
coordination with other Federal and local officials,
shall conduct research on the development and use of
innovative approaches, technologies, and techniques for
the remediation of sediment contamination in areas of
concern in the Great Lakes.
``(B) Authorization of appropriations.--
``(i) In general.--In addition to amounts
authorized to be appropriated under other law,
there is authorized to be appropriated to carry
out this paragraph $2,000,000 for each of
fiscal years 2004 through 2008.
``(ii) Availability.--Funds appropriated
under clause (i) shall remain available until
expended.
``(14) Public information program.--
``(A) In general.--The Program Office may carry out
a public information program under which the
Administrator makes grants to States, Indian tribes,
local governments, and other entities to provide--
``(i) information to the public in areas of
concern that are--
``(I) located wholly within the
United States; or
``(II) shared with Canada; and
``(ii) local coordination and organization
in those areas.
``(B) Selection process.--Grants under the public
information program shall be made in accordance with
competitive selection procedures established by the
Administrator in carrying out other grant programs.
``(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $5,000,000 for each of fiscal years 2004
through 2008.''.
SEC. 4. RELATIONSHIP TO EXISTING FEDERAL AND STATE LAWS AND
INTERNATIONAL TREATIES.
Section 118(g) of the Federal Water Pollution Control Act (33
U.S.C. 1268(g)) is amended by inserting ``, including the cleanup and
protection of the Great Lakes'' after ``Lakes''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 118(h) of the Federal Water Pollution Control Act (33
U.S.C. 1268(h)) is amended by striking the first sentence and inserting
the following: ``There is authorized to be appropriated to carry out
this section $40,000,000 for each of fiscal years 2004 through 2008.''. | Great Lakes Legacy Act of 2002 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to report to Congress regarding oversight of Remedial Action Plans for the Great Lakes.Authorizes the Administrator, acting through the Great Lakes National Program Office, to make grants for projects that: (1) monitor or evaluate contaminated sediment; (2) remediate contaminated sediment; or (3) prevent further or renewed contamination of sediment.Authorizes the Administrator to conduct research on innovative approaches, technologies, and techniques for the remediation of sediment contamination in areas of concern in the Great Lakes. Authorizes the Program Office to carry out a public information program through grants.Extends funding for Great Lakes programs. | {"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to make grants for remediation of sediment contamination in areas of concern, to authorize assistance for research and development of innovative technologies for such remediation, and for other purposes."} | 1,391 | 158 | 0.6617 | 1.692878 | 0.773913 | 3.492647 | 8.926471 | 0.933824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Enhancements for Needed
Drugs Act of 2005''.
SEC. 2. GAO STUDIES AND REPORTS ON PRICES OF PRESCRIPTION DRUGS.
(a) Review and Reports on Retail Prices of Prescription Drugs.--
(1) Initial review.--The Comptroller General of the United
States shall conduct a review of the retail cost of
prescription drugs in the United States during 2000 through
2003, with an emphasis on the prescription drugs most utilized
for individuals age 65 or older.
(2) Subsequent review.--After conducting the review under
paragraph (1), the Comptroller General shall continuously
review the retail cost of such drugs through April 1, 2006, to
determine the changes in such costs.
(3) Reports.--
(A) Initial review.--Not later than September 1,
2005, the Comptroller General shall submit to Congress
a report on the initial review conducted under
paragraph (1).
(B) Subsequent review.--Not later than July 1,
2006, January 1, 2007, and July 1, 2007, the
Comptroller General shall submit to Congress a report
on the subsequent review conducted under paragraph (2).
(b) Annual GAO Study and Report on Retail and Acquisition Prices of
Certain Prescription Drugs.--
(1) Ongoing study.--The Comptroller General of the United
States shall conduct an ongoing study that compares the average
retail cost in the United States for each of the 20 most
utilized prescription drugs for individuals age 65 or older
with--
(A) the average price at which private health plans
acquire each such drug;
(B) the average price at which the Department of
Defense under the Defense Health Program acquires each
such drug;
(C) the average price at which the Department of
Veterans Affairs under the laws administered by the
Secretary of Veterans Affairs acquires each such drug;
and
(D) the average negotiated price for each such drug
that eligible beneficiaries enrolled in a prescription
drug plan under part D of title XVIII of the Social
Security Act, as added by section 101 of the Medicare
Prescription Drug, Improvement, and Modernization Act
of 2003 (Public Law 108-173), that provides only basic
prescription drug coverage have access to under such
plans.
(2) Annual report.--Not later than December 1, 2007, and
annually thereafter, the Comptroller General shall submit to
Congress a report on the study conducted under paragraph (1),
together with such recommendations as the Comptroller General
determines appropriate.
SEC. 3. INCLUSION OF AVERAGE AGGREGATE BENEFICIARY COSTS AND SAVINGS IN
COMPARATIVE INFORMATION FOR BASIC MEDICARE PRESCRIPTION
DRUG PLANS.
Section 1860D-1(c)(3) of the Social Security Act (42 U.S.C. 1395w-
101(c)(3)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``subparagraph (B)'' and inserting ``subparagraphs (B)
and (C)''; and
(B) by adding at the end the following new clause:
``(vi) Average aggregate beneficiary costs
and savings.--With respect to plan years
beginning on or after January 1, 2007, the
average aggregate costs, including deductibles
and other cost-sharing, that a beneficiary will
incur for covered part D drugs in the year
under the plan compared to the average
aggregate costs that an eligible beneficiary
with no prescription drug coverage will incur
for covered part D drugs in the year.''; and
(2) by adding at the end the following new subparagraph:
``(C) Average aggregate beneficiary costs and
savings information only for basic prescription drug
plans.--The Secretary shall not provide comparative
information under subparagraph (A)(vi) with respect
to--
``(i) a prescription drug plan that
provides supplemental prescription drug
coverage; or
``(ii) a Medicare Advantage plan.''.
SEC. 4. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS.
(a) In General.--Section 1860D-11 of the Social Security Act (42
U.S.C. 1395w-111) is amended by striking subsection (i) (relating to
noninterference) and by inserting the following:
``(i) Authority To Negotiate Prices With Manufacturers.--
``(1) In general.--In order to ensure that beneficiaries
enrolled under prescription drug plans and MA-PD plans pay the
lowest possible price, the Secretary shall have authority
similar to that of other Federal entities that purchase
prescription drugs in bulk to negotiate contracts with
manufacturers of covered part D drugs, consistent with the
requirements and in furtherance of the goals of providing
quality care and containing costs under this part.
``(2) Mandatory responsibilities.--The Secretary shall be
required to--
``(A) negotiate contracts with manufacturers of
covered part D drugs for each fallback prescription
drug plan under subsection (g); and
``(B) participate in negotiation of contracts of
any covered part D drug upon request of an approved
prescription drug plan or MA-PD plan.
``(3) Rule of construction.--Nothing in paragraph (2) shall
be construed to limit the authority of the Secretary under
paragraph (1) to the mandatory responsibilities under paragraph
(2).''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of section 101 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173).
SEC. 5. NAIC REVIEW AND REPORT ON CHANGES IN MEDIGAP POLICIES THAT
PROVIDE COVERAGE OF PRESCRIPTION DRUGS CONTAINED IN THE
MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND
MODERNIZATION ACT OF 2003.
(a) In General.--The Secretary of Health and Human Services shall
request the National Association of Insurance Commissioners to conduct
a review of the changes to the rules relating to medicare supplemental
policies that provide prescription drug coverage contained in
subsection (v) of section 1882 of the Social Security Act (42 U.S.C.
1395ss), as added by section 104(a) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173).
(b) Impact on Medicare Beneficiaries.--The review conducted
pursuant to subsection (a) should focus on the impact the changes
described in such subsection will have on medicare beneficiaries.
(c) Report.--The Secretary shall request the National Association
of Insurance Commissioners to submit to Congress, by not later than
January 1, 2006, a report on the review conducted pursuant to
subsection (a), together with such recommendations as the National
Association of Insurance Commissioners determines appropriate. | Medicare Enhancements for Needed Drugs Act of 2005 - Directs the Comptroller General to review and report to Congress on the retail cost of prescription drugs in the United States during 2000 and 2003, and through April 1, 2006, with an emphasis on the prescription drugs most utilized for individuals age 65 or older.
Requires the Comptroller General to conduct an ongoing study that compares the average retail cost in the United States for each of the 20 most utilized prescription drugs for individuals age 65 or older with: (1) the average prices at which private health plans, the Department of Defense under the Defense Health Program, and the Department of Veterans Affairs acquire each such drug; and (2) the average negotiated price for each such drug that eligible beneficiaries have access to under a Medicare prescription drug plan providing only basic prescription drug coverage.
Amends title XVIII (Medicare) of the Social Security Act (SSA) to include in the comparative plan information for beneficiaries under new Medicare part D (Voluntary Prescription Drug Benefit Program) a comparison of average aggregate prescription drug plan beneficiary costs and savings with such costs for a beneficiary with no prescription drug plan.
Repeals the prohibition against interference by the Secretary with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors, as well as the requirement of a particular formulary to institute a price structure for the reimbursement of Medicare part D covered drugs. Authorizes the Secretary instead, like other Federal entities that purchase prescription drugs in bulk, to negotiate contracts with manufacturers of covered part D drugs. | {"src": "billsum_train", "title": "A bill to reduce the costs of prescription drugs for medicare beneficiaries, and for other purposes."} | 1,515 | 324 | 0.765649 | 2.292116 | 0.851905 | 3.894198 | 4.556314 | 0.911263 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``D.C. Courts and Public Defender
Service Act of 2010''.
SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS.
(a) Permitting Judicial Conference on Biennial Basis; Attendance of
Magistrate Judges.--Section 11-744, District of Columbia Official Code,
is amended--
(1) in the first sentence, by striking ``annually'' and
inserting ``biennially or annually'';
(2) in the first sentence, by striking ``active judges''
and inserting ``active judges and magistrate judges'';
(3) in the third sentence, by striking ``Every judge'' and
inserting ``Every judge and magistrate judge''; and
(4) in the third sentence, by striking ``Courts of
Appeals'' and inserting ``Court of Appeals''.
(b) Emergency Authority to Toll or Delay Judicial Proceedings.--
(1) Proceedings in superior court.--
(A) In general.--Subchapter III of Chapter 9 of
title 11, District of Columbia Official Code, is
amended by adding at the end the following new section:
``Sec. 11-947. Emergency authority to toll or delay proceedings.
``(a) Tolling or Delaying Proceedings.--
``(1) In general.--In the event of a natural disaster or
other emergency situation requiring the closure of Superior
Court or a natural disaster or other emergency situation
rendering it impracticable for the United States or District of
Columbia Government or a class of litigants to comply with
deadlines imposed by any Federal or District of Columbia law or
rule that applies in the Superior Court, the chief judge of the
Superior Court may exercise emergency authority in accordance
with this section.
``(2) Scope of authority.--(A) The chief judge may enter
such order or orders as may be appropriate to delay, toll, or
otherwise grant relief from the time deadlines imposed by
otherwise applicable laws or rules for such period as may be
appropriate for any class of cases pending or thereafter filed
in the Superior Court.
``(B) The authority conferred by this section extends to
all laws and rules affecting criminal and juvenile proceedings
(including, pre-arrest, post-arrest, pretrial, trial, and post-
trial procedures) and civil, family, domestic violence, probate
and tax proceedings.
``(3) Unavailability of chief judge.--If the chief judge of
the Superior Court is absent or disabled, the authority
conferred by this section may be exercised by the judge
designated under section 11-907(a) or by the Joint Committee on
Judicial Administration.
``(4) Habeas corpus unaffected.--Nothing in this section
shall be construed to authorize suspension of the writ of
habeas corpus.
``(5) Definitions.--For purposes of this subsection--
``(A) the term `natural disaster' means any natural
catastrophe (including any hurricane, tornado, storm,
high water, wind-driven water, tidal wave, tsunami,
earthquake, volcanic eruption, landslide, mudslide,
snowstorm, or drought), or, regardless of cause, any
fire, flood, or explosion; and
``(B) the term `other emergency situation' includes
but is not limited to any occasion or instance of
terrorism, enemy attack, sabotage, other hostile
action, disease, or any manmade cause which results in
an imminent threat, severe damage, or injury to life or
property, or loss thereof, or results in the
destruction of or severe damage to a court house, or
impairs the ability to access a courthouse, or the
ability to staff the courts.
``(b) Criminal Cases.--In exercising the authority under this
section for criminal cases, the chief judge shall consider the ability
of the United States or District of Columbia Government to investigate,
litigate, and process defendants during and after the emergency
situation, as well as the ability of criminal defendants as a class to
prepare their defenses.
``(c) Issuance of Orders.--The United States Attorney for the
District of Columbia or the Attorney General for the District of
Columbia or the designee of either may request issuance of an order
under this section, or the chief judge may act on his or her own
motion.
``(d) Duration of Orders.--An order entered under this section may
not toll or extend a time deadline for a period of more than 14 days,
except that if the chief judge determines that an emergency situation
requires additional extensions of the period during which deadlines are
tolled or extended, the chief judge may, with the consent of the Joint
Committee on Judicial Administration, enter additional orders under
this section in order to further toll or extend such time deadline.
``(e) Notice.--Upon issuing an order under this section, the chief
judge--
``(1) shall make all reasonable efforts to publicize the
order, including, when possible, announcing the order on the
District of Columbia Courts web site; and
``(2) shall send notice of the order, including the reasons
for the issuance of the order, to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of the House of
Representatives.
``(f) Required Reports.--Not later than 180 days after the
expiration of the last extension or tolling of a time period made by
the order or orders relating to an emergency situation, the chief judge
shall submit a brief report to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Joint
Committee on Judicial Administration describing the orders, including--
``(1) the reasons for issuing the orders;
``(2) the duration of the orders;
``(3) the effects of the orders on litigants; and
``(4) the costs to the court resulting from the orders.
``(g) Exceptions.--The notice under subsection (e)(2) and the
report under subsection (f) are not required in the case of an order
that tolls or extends a time deadline for a period of less than 14
days.''.
(B) Clerical amendment.--The table of contents of
chapter 9 of title 11, District of Columbia Official
Code, is amended by adding at the end of the items
relating to subchapter III the following:
``11-947. Emergency authority to toll or delay proceedings.''.
(2) Proceedings in court of appeals.--
(A) In general.--Subchapter III of Chapter 7 of
title 11, District of Columbia Official Code, is
amended by adding at the end the following new section:
``Sec. 11-745. Emergency authority to toll or delay proceedings.
``(a) Tolling or Delaying Proceedings.--
``(1) In general.--In the event of a natural disaster or
other emergency situation requiring the closure of the Court of
Appeals or a natural disaster or other emergency situation
rendering it impracticable for the United States or District of
Columbia Government or a class of litigants to comply with
deadlines imposed by any Federal or District of Columbia law or
rule that applies in the Court of Appeals, the chief judge of
the Court of Appeals may exercise emergency authority in
accordance with this section.
``(2) Scope of authority.--The chief judge may enter such
order or orders as may be appropriate to delay, toll, or
otherwise grant relief from the time deadlines imposed by
otherwise applicable laws or rules for such period as may be
appropriate for any class of cases pending or thereafter filed
in the Court of Appeals.
``(3) Unavailability of chief judge.--If the chief judge of
the Court of Appeals is absent or disabled, the authority
conferred by this section may be exercised by the judge
designated under section 11-706(a) or by the Joint Committee on
Judicial Administration.
``(4) Habeas corpus unaffected.--Nothing in this section
shall be construed to authorize suspension of the writ of
habeas corpus.
``(5) Definitions.--For purposes of this subsection--
``(A) the term `natural disaster' means any natural
catastrophe (including any hurricane, tornado, storm,
high water, wind-driven water, tidal wave, tsunami,
earthquake, volcanic eruption, landslide, mudslide,
snowstorm, or drought), or, regardless of cause, any
fire, flood, or explosion; and
``(B) the term `other emergency situation' includes
but is not limited to any occasion or instance of
terrorism, enemy attack, sabotage, other hostile
action, disease, or any manmade cause which results in
an imminent threat, severe damage, or injury to life or
property, or loss thereof, or results in the
destruction of or severe damage to a court house, or
impairs the ability to access a courthouse, or the
ability to staff the courts.
``(b) Issuance of Orders.--The United States Attorney for the
District of Columbia or the Attorney General for the District of
Columbia or the designee of either may request issuance of an order
under this section, or the chief judge may act on his or her own
motion.
``(c) Duration of Orders.--An order entered under this section may
not toll or extend a time deadline for a period of more than 14 days,
except that if the chief judge determines that an emergency situation
requires additional extensions of the period during which deadlines are
tolled or extended, the chief judge may, with the consent of the Joint
Committee on Judicial Administration, enter additional orders under
this section in order to further toll or extend such time deadline.
``(d) Notice.--Upon issuing an order under this section, the chief
judge--
``(1) shall make all reasonable efforts to publicize the
order, including, when possible, announcing the order on the
District of Columbia Courts web site; and
``(2) shall send notice of the order, including the reasons
for the issuance of the order, to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of the House of
Representatives.
``(e) Required Reports.--Not later than 180 days after the
expiration of the last extension or tolling of a time period made by
the order or orders relating to an emergency situation, the chief judge
shall submit a brief report to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Joint
Committee on Judicial Administration describing the orders, including--
``(1) the reasons for issuing the orders;
``(2) the duration of the orders;
``(3) the effects of the orders on litigants; and
``(4) the costs to the court resulting from the orders.
``(f) Exceptions.--The notice under subsection (d)(2) and the
report under subsection (e) are not required in the case of an order
that tolls or extends a time deadline for a period of less than 14
days.''.
(B) Clerical amendment.--The table of contents of
chapter 7 of title 11, District of Columbia Official
Code, is amended by adding at the end of the items
relating to subchapter III the following:
``11-745. Emergency authority to toll or delay proceedings.''.
(c) Permitting Agreements to Provide Services on a Reimbursable
Basis to Other District Government Offices.--
(1) In general.--Section 11-1742, District of Columbia
Official Code, is amended by adding at the end the following
new subsection:
``(d) To prevent duplication and to promote efficiency and economy,
the Executive Officer may enter into agreements to provide the Mayor of
the District of Columbia with equipment, supplies, and services and
credit reimbursements received from the Mayor for such equipment,
supplies, and services to the appropriation of the District of Columbia
Courts against which they were charged.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to fiscal year 2010 and each
succeeding fiscal year.
SEC. 3. LIABILITY INSURANCE FOR PUBLIC DEFENDER SERVICE.
Section 307 of the District of Columbia Court Reform and Criminal
Procedure Act of 1970 (sec. 2-1607, D.C. Official Code) is amended by
adding at the end the following new subsection:
``(e) The Service shall, to the extent the Director considers
appropriate, provide representation for and hold harmless, or provide
liability insurance for, any person who is an employee, member of the
Board of Trustees, or officer of the Service for money damages arising
out of any claim, proceeding, or case at law relating to the furnishing
of representational services or management services or related services
under this Act while acting within the scope of that person's office or
employment, including but not limited to such claims, proceedings, or
cases at law involving employment actions, injury, loss of liberty,
property damage, loss of property, or personal injury, or death arising
from malpractice or negligence of any such officer or employee.''.
SEC. 4. REDUCTION IN TERM OF SERVICE OF JUDGES ON FAMILY COURT OF THE
SUPERIOR COURT.
(a) Reduction in Term of Service.--Section 11-908A(c)(1), District
of Columbia Official Code, is amended by striking ``5 years'' and
inserting ``3 years''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to any individual serving as a judge on the Family
Court of the Superior Court of the District of Columbia on or after the
date of the enactment of this Act.
Passed the House of Representatives November 16, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | D.C. Courts and Public Defender Service Act of 2010 - Amends the District of Columbia Official Code to require the chief judge of the District of Columbia Court of Appeals to: (1) call biennial or, as under current law, annual judicial conferences; and (2) summon active magistrate judges to such conferences.
Authorizes the chief judges of the District Superior Court and of the District Court of Appeals to toll or delay judicial proceedings in certain natural disaster or other emergency situations.
Authorizes the Executive Officer of the District of Columbia courts to enter into agreements to provide the Mayor of the District with equipment, supplies, and services and credit reimbursements received from the Mayor for them to the appropriation of the District of Columbia courts against which they were charged.
Amends the District of Columbia Court Reform and Criminal Procedure Act of 1970 to require the District of Columbia Public Defender Service, to the extent its Director considers appropriate, to provide representation for and hold harmless, or provide liability insurance for, any employee, member of the Board of Trustees, or officer of the Service for money damages arising out of any claim, proceeding, or case at law relating to the furnishing of representational, management, or related services while acting within the scope of that person's office or employment, including employment actions, injury, loss of liberty, property damage, loss of property, personal injury, or death arising from the officer's or employee's malpractice or negligence.
Amends the District of Columbia Official Code to reduce from five years to three years the term for a judge of the Family Court of the Superior Court. | {"src": "billsum_train", "title": "To amend title 11, District of Columbia Official Code, to revise certain administrative authorities of the District of Columbia courts, to authorize the District of Columbia Public Defender Service to provide professional liability insurance for officers and employees of the Service for claims relating to services furnished within the scope of employment with the Service, and for other purposes."} | 3,131 | 339 | 0.593593 | 1.821918 | 0.818935 | 5.23871 | 9.196774 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financing Corporation and Savings
Association Insurance Fund Reform Act of 1995''.
SEC. 2. PAYMENT OF INTEREST EARNED ON RTC FUNDS TO FICO.
(a) In General.--Subsection (i) of section 21A of the Federal Home
Loan Bank Act (12 U.S.C. 1441a(i)) is amended by adding at the end the
following new paragraph:
``(7) Trust fund for unexpended rtc funding.--
``(A) In general.--The Secretary of the Treasury
shall transfer that portion of the amounts appropriated
under paragraph (3) which are available to the
Corporation but have not been paid to the Corporation
to the Federal Deposit Insurance Corporation for
deposit in a trust fund to be managed by the Federal
Deposit Insurance Corporation.
``(B) Investment.--The Board of Directors of the
Federal Deposit Insurance Corporation shall invest such
portion of the trust fund established under
subparagraph (A) as, in the judgment of the Board of
Directors, is not required to meet the short-term
requirements of the Resolution Trust Corporation or the
Savings Association Insurance Fund.
``(C) Interest.--Interest earned on investments of
the trust fund shall be paid to the Financing
Corporation to meet interest payments, issuance costs,
and custodial fees on obligations issued by the
Financing Corporation.
``(D) Availability of trust fund principal as
backstop for saif.--The balance in the trust fund shall
be available to the Federal Deposit Insurance
Corporation to cover losses incurred, or reasonably
anticipated to be incurred, by the Savings Association
Insurance Fund until the reserve ration of the Savings
Association Insurance Fund first meets or exceeds the
applicable designated reserve ratio.
``(E) Return of unexpended principal to treasury.--
After the maturity and full repayment of all
obligations issued by the Financing Corporation under
section 21, any remaining balance in the trust fund
shall be returned to the general fund of the Treasury
and the trust fund shall be abolished.''.
(b) Technical and Conforming Amendments.--
(1) Section 21A(i)(5) of the Federal Home Loan Bank Act (12
U.S.C. 1441a(i)(5)) is amended--
(A) by striking ``or to meet the requirements of
section 11(a)(6)(F) of the Federal Deposit Insurance
Act''; and
(B) by striking ``general fund of the Treasury''
and inserting ``trust fund established pursuant to
paragraph (7)(A)''.
(2) Section 11(a)(6) of the Federal Deposit Insurance Act
(12 U.S.C. 1821(a)(6)) is amended by striking subparagraph (F).
(3) Section 11(a)(6)(K) of the Federal Deposit Insurance
Act (12 U.S.C. 1821(a)(6)(K)) is amended by striking ``or
(F)''.
SEC. 3. CLARIFICATION OF EXISTING LAW.
(a) Congressional Declaration.--The Congress declares as follows:
(1) The Financing Corporation was established pursuant to
the amendments made by title III of the Competitive Equality
Banking Act of 1987 for the sole purpose of providing
additional funding to the Federal Savings and Loan Insurance
Corporation to meet the deposit insurance obligations of the
Corporation with respect to savings associations.
(2) The interest payments, issuance costs, and custodial
fees on obligations issued by the Financing Corporation are
paid, pursuant to section 21 of the Federal Home Loan Bank Act,
by assessments on savings associations.
(3) The total amount of assessments paid by savings
associations to the Federal Savings and Loan Insurance
Corporation, and since 1989, to the Federal Deposit Insurance
Corporation, as premiums for deposit insurance are required to
be reduced by the amount of the assessments paid by such
associations to the Financing Corporation in recognition of the
fact that the latter assessments are being made to finance the
insurance obligations incurred with respect to savings
associations.
(b) Treatment of FICO Assessments.--The assessments paid by Savings
Association Insurance Fund members to the Financing Corporation shall
be treated as insurance outlays for purposes of Federal law.
SEC. 4. 1-TIME SPECIAL SAIF CAPITALIZATION ASSESSMENT.
Section 7(b) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)) is amended by adding at the end the following new paragraph:
``(8) Special 1-time assessment to recapitalize saif.--
``(A) In general.--The Corporation may, in the
discretion of the Board of Directors, impose a special
assessment on each Savings Association Insurance Fund
member in an amount not greater than 0.40 percent of
the assessment base, as of January 1, 1995, on which
assessments are imposed under the risk-based assessment
system established pursuant to paragraph (1).
``(B) Deposit of assessment in saif.--The proceeds
of any assessment imposed under subparagraph (A) shall
be deposited in the Savings Association Insurance Fund.
``(C) Imposition over period of years.--The
assessment authorized under subparagraph (A) may be
imposed incrementally over such period of years as the
Board of Directors may determine to be appropriate,
except the larger percentage of any such incremental
assessment shall be allocated to the first year of the
effective period for such assessment.
``(D) Abatement for troubled institutions.--The
Board of Directors may abate any portion of any
assessment under this paragraph in the case of any
undercapitalized institution or any institution which
would become undercapitalized as a result of the
imposition of such assessment.''.
SEC. 5. REPEAL OF MINIMUM SAIF ASSESSMENT RULE.
Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)(2)) is amended by striking subparagraph (E).
SEC. 6. LIMIT ON DIFFERENTIAL BETWEEN ASSESSMENT RATES IMPOSED ON
FORMER BIF MEMBERS AND FORMER SAIF MEMBERS.
Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)(2)) is amended by inserting after paragraph (G) the following
new subparagraph:
``(H) Cap on differential between former bif and
saif members.--The average assessment rate under the
risk-based assessment system for insured depository
institutions which, as of December 31, 1994, were
Savings Association Insurance Fund members, including
the special assessment under paragraph (9), shall not
exceed the average assessment rate under the risk-based
assessment system for insured depository institutions
which, as of December 31, 1994, were Bank Insurance
Fund members by more than 9 basis points.''. | Financing Corporation and Savings Association Insurance Fund Reform Act of 1995 - Amends the Federal Home Loan Bank Act to direct the Secretary of the Treasury to transfer into a trust fund managed by the Federal Deposit Insurance Corporation (FDIC) certain funds appropriated (but not yet paid) to the Resolution Trust Corporation (RTC).
Instructs the FDIC Board of Directors to invest trust fund proceeds not required to meet the short-term requirements of either the RTC or the Savings Association Insurance Fund (SAIF).
Mandates that: (1) the interest earned on such trust fund investments be paid to meet the obligations of the Financing Corporation; (2) the balance in such trust fund be made available to cover actual or anticipated SAIF losses until its reserve ratio meets or exceeds the applicable designated reserve ratio; (3) the trust fund be abolished and any remaining balance returned to the Treasury after the Financing Corporation has repaid certain obligations; and (4) the assessments paid by SAIF members to the Financing Corporation be treated as insurance outlays for purposes of Federal law.
Amends the Federal Deposit Insurance Act (FDIA) to authorize the FDIC to impose a one-time special SAIF capitalization assessment on each SAIF member.
Amends the FDIA to repeal the minimum assessments requirements for any deposit insurance fund risk-based assessment system.
Limits the average assessment rate differential between former Bank Insurance Fund and SAIF members to a maximum of nine basis points. | {"src": "billsum_train", "title": "Financing Corporation and Savings Association Insurance Fund Reform Act of 1995"} | 1,502 | 309 | 0.662054 | 2.050774 | 0.84113 | 2.971119 | 4.685921 | 0.906137 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Deserts Act of 2016''.
SEC. 2. GRANT PROGRAM TO ESTABLISH GROCERY STORES IN UNDERSERVED
COMMUNITIES.
(a) Establishment of Grant Program.--The Secretary shall establish
a program to provide capitalization grants to States for the purpose of
establishing revolving funds to support the establishment and operation
of grocery stores in underserved communities.
(b) Administration.--A State receiving funds under this Act shall
administer the revolving fund of the State through an instrumentality
of the State with such powers and limitations as may be required to
operate such fund in accordance with the requirements of this Act.
(c) Projects and Activities Eligible for Assistance.--Amounts in a
revolving fund shall be used for the purpose of making loans--
(1) to open a grocery store in an underserved community,
except that such loan may not be used for the purpose of new
construction;
(2) to support the operations of an existing grocery store
in an underserved community;
(3) to facilitate the fair market value purchase of an
existing grocery store in an underserved community; or
(4) to support the operations of a program participant that
is located in a community that would be an underserved
community if the program participant was not located in such
community.
(d) Grocery Stores Eligible for Assistance.--
(1) Required criteria.--A State receiving a capitalization
grant under this Act may only make a loan from the revolving
fund of the State to an entity that the State determines--
(A) is a grocery store or will be a grocery store
after opening;
(B) emphasizes or will emphasize unprocessed,
healthful foods;
(C) provides or will provide a variety of raw
fruits and vegetables;
(D) provides or will provide staple foods;
(E) has a plan to keep such foods in stock to the
extent possible;
(F) charges or will charge prices at or below
municipal averages; and
(G) is sufficiently qualified to operate a grocery
store.
(2) Priority criteria.--
(A) Nonprofit or municipally owned entities.--A
State shall prioritize an application for a loan from
the revolving fund of the State from a nonprofit
organization or municipally owned entity that the State
determines--
(i) hires or plans to hire workers who
reside within the underserved community that
would be served by the entity;
(ii) provides or plans to provide classes
or other educational information about a
healthful diet;
(iii) sources or plans to source food from
local urban farms and gardens;
(iv) does not or will not sell alcohol or
tobacco products;
(v) demonstrates existing supply chain
relationships in the grocery industry; or
(vi) demonstrates expertise in the grocery
industry.
(B) For-profit entities.--A State shall prioritize
an application for a loan from the revolving fund of
the State from a for-profit entity that the State
determines meets any of the requirements in clauses (i)
through (iv) of subparagraph (A).
(e) Application.--An entity that desires a loan from a revolving
fund of a State shall submit an application to the State at such time,
in such manner, and containing such information as the State may
require.
(f) Loan Conditions.--
(1) In general.--A loan distributed from a revolving fund
by a State may be used by a program participant only for the
purposes specified in subsection (c).
(2) Interest rates.--A loan distributed by a State from a
revolving fund shall be made at or below market interest rates,
including an interest free loan, at terms not to exceed the
lesser of 30 years or the projected useful life (as determined
by the State) of the project to be financed with the proceeds
of the loan.
(3) Structure of loan.--A loan may be distributed from a
revolving fund by a State to a program participant in a lump
sum or in multiple distributions over a period of years.
(4) Loan amount.--A State may not provide a loan to a
program participant from the revolving fund of the State in a
fiscal year that exceeds 10 percent of the amount available
from the fund for making distributions in that fiscal year.
(5) Payments.--Annual principal and interest payments on a
loan received from a revolving fund of a State shall commence
not later than 1 year after the loan is disbursed to the
program participant and all loans will be fully amortized upon
the expiration of the term of the loan.
(6) Revenue for repayment.--A program participant shall
establish a dedicated source of revenue for repayment of a loan
received from a revolving fund of a State.
(7) Crediting revolving fund.--A revolving fund of a State
shall be credited with all payments of principal and interest
on all loans made from the revolving fund.
(g) Administration Costs.--A State shall charge a program
participant an administrative fee of not more than 4 percent of the
loan amount. The State shall use the fees to administer the revolving
fund and conduct administration activities under this Act.
(h) Technical Assistance.--The Secretary shall provide technical
assistance to program participants to assist with sourcing of food,
food storage, and other operational requirements.
(i) Bankruptcy.--In the case of the bankruptcy of a program
participant, amounts owned on a loan from a revolving fund shall be
afforded precedence over other debt.
(j) Grocery Store Earnings.--Earnings of a nonprofit organization
or municipally owned program participant that are attributable to a
loan received from a revolving fund of a State shall be used for
reinvestment into the program participant or to support the continuity
of operations of the program participant.
SEC. 3. CAPITALIZATION GRANTS TO FUND STATE REVOLVING FUNDS.
(a) Eligibility of State for Capitalization Grant.--To be eligible
for a capitalization grant, a State shall--
(1) establish a revolving fund that complies with the
requirements of this Act;
(2) establish a process for applications and criteria for
making loans from the revolving fund, subject to the
requirements in section 2(d); and
(3) match no less than 20 percent, from non-Federal
sources, of the amount of the capitalization grant provided to
the State.
(b) Upon Receipt of Capitalization Grant.--Upon the receipt of a
capitalization grant, a State shall deposit such capitalization grant
into the revolving fund of the State.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act--
(1) $150,000,000 for fiscal year 2017; and
(2) such sums as may be necessary for subsequent fiscal
years.
(d) Distribution.--For a fiscal year, the Secretary shall apportion
amounts made available for capitalization grants under this section
among the States eligible under subsection (a) in the ratio that--
(1) the population of underserved communities in each State
eligible under subsection (a); bears to
(2) the population of underserved communities in all States
eligible under subsection (a).
SEC. 4. DEFINITIONS.
In this Act:
(1) Capitalization grant.--The term ``capitalization
grant'' means a grant made to a State under the program.
(2) Healthful food.--The term ``healthful food'' means food
that reflects the most recent Dietary Guidelines for Americans.
(3) Grocery store.--The term ``grocery store'' means a
retail store that derives income primarily from the sale of
food for home preparation and consumption.
(4) Program.--The term ``program'' means the program
described in section 2(a).
(5) Program participant.--The term ``program participant''
means an entity that has received a loan under the program.
(6) Revolving fund.--The term ``revolving fund'' means a
fund established by a State for use as a depository for a
capitalization grant.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(8) Staple food.--The term ``staple food'' has the meaning
given the term in section 243(b) of the Agricultural Act of
2014 (7 U.S.C. 6953(b)).
(9) State.--The term ``State'' means States of the Union,
the District of Columbia, Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Northern Mariana Islands.
(10) Underserved community.--The term ``underserved
community'' has the meaning given the term in section
301B(g)(9)(A)(ii) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(g)(9)(A)(ii)). | Food Deserts Act of 2016 This bill establishes a Department of Agriculture program to provide grants to states for revolving funds to support the establishment and operation of grocery stores in underserved communities. An underserved community is a community that has: (1) limited access to affordable, healthy foods, including fresh fruits and vegetables, in grocery retail stores or farmer-to-consumer direct markets; and (2) a high rate of hunger or food insecurity or a high poverty rate. States must use the funds to make loans to support grocery stores in underserved communities, including for: opening a store (excluding new construction), supporting an existing store, purchasing an existing store, or supporting a store located in a community that would be underserved without the store. States may only make loans for qualified grocery stores that: emphasize unprocessed, healthful foods; provide staple foods and a variety of raw fruits and vegetables; have a plan to keep the foods in stock; and charge prices at or below municipal averages. States must prioritize loan applications from entities that meet criteria, including: hiring workers from the underserved community, providing classes or educational information about a healthful diet, sourcing food from local urban farms and gardens, not selling alcohol or tobacco products, or demonstrating existing supply chain relationships or expertise in the grocery industry. | {"src": "billsum_train", "title": "Food Deserts Act of 2016"} | 2,073 | 290 | 0.717659 | 2.040572 | 0.775468 | 2.32963 | 6.459259 | 0.840741 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Driver Safety Act of
2015''.
SEC. 2. DISTRACTED DRIVING INCENTIVE GRANTS.
Section 405(e) of title 23, United States Code, is amended--
(1) in paragraph (1), by inserting ``includes distracted
driving issues as part of the State's driver's license
examination and'' after ``any State that'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C)(ii), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) does not provide for an exception that
specifically allows a driver to text through a personal
wireless communication device while stopped in
traffic.'';
(3) in paragraph (3)--
(A) by striking subparagraph (C);
(B) by redesignating subparagraph (D) as
subparagraph (C);
(C) in subparagraph (C)(ii), as redesignated, by
striking the period at the end and inserting ``; and'';
and
(D) by adding at the end the following:
``(D) does not provide for an exception that
specifically allows a driver younger than 18 years of
age to use a personal wireless communication device
while stopped in traffic.'';
(4) in paragraph (4)(C), by striking ``section 31152'' and
inserting ``section 31136'';
(5) by amending paragraph (6) to read as follows:
``(6) Distracted driving enforcement grants.--
``(A) In general.--The Secretary may use up to 50
percent of the amounts available for grants under this
subsection to award grants to any State that--
``(i) in fiscal year 2016--
``(I) has a basic text messaging
statute, as determined by the
Secretary, that--
``(aa) is applicable to
drivers of all ages; and
``(bb) makes violation of
the basic text messaging
statute a primary offense;
``(II) participates in the annual
distracted driving law enforcement
mobilization coordinated by the
Secretary; and
``(III) is otherwise ineligible for
a grant under this subsection;
``(ii) in fiscal year 2017--
``(I) meets the requirements under
clause (i);
``(II) imposes increased fines for
repeat violations; and
``(III) has a statute that
prohibits drivers who are younger than
18 years of age from using a personal
wireless communications device while
driving.
``(B) Use of grant funds.--
``(i) In general.--Subject to clauses (ii)
and (iii), amounts received by a State under
subparagraph (A) may be used for activities
related to the enforcement of distracted
driving laws.
``(ii) Fiscal year 2016.--In fiscal year
2016, up to 15 percent of the amounts received
by a State under subparagraph (A) may be used
for any eligible project or activity under
section 402.
``(iii) Fiscal year 2017.--In fiscal year
2017, up to 25 percent of the amounts received
by a State under subparagraph (A) may be used
for any eligible project or activity under
section 402.''; and
(6) in paragraph (9)(A)(i), by striking ``, including
operation while temporarily stationary because of traffic, a
traffic light or stop sign, or otherwise''.
SEC. 3. BARRIERS TO DATA COLLECTION REPORT.
Not later than 180 days after the date of the enactment of this
Act, the National Highway Traffic Safety Administration shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Transportation and Infrastructure
of the House of Representatives that--
(1) identifies any legal and technical barriers to
capturing adequate data on the prevalence of wireless
communications devices while driving; and
(2) provides recommendations on how to address such
barriers. | Improving Driver Safety Act of 2015 This bill adds a new requirement for distracted driving grants to states under national priority highway safety programs. To receive a grant a state's prohibition on texting while driving must: include distracted driving issues as part of their driver's license examination, and not make an exception that specifically allows a driver, especially one under age 18, to text through a personal wireless communication device while stopped in traffic. DOT may use up to 50% of amounts available for grants to states that: in FY2016 certify that they have enacted a basic text messaging statute for drivers of all ages, make violation of the statute a primary offense, participate in the annual distracted driving law enforcement mobilization, and are otherwise ineligible for a grant; and in FY2017 meet the aforementioned requirements, impose increased fines for repeat violations, and have a statute that prohibits a driver younger than 18 from using a personal wireless communications device while driving. States may use grant funds for: enforcement of distracted driving laws, and highway safety program projects. The National Highway Traffic Safety Administration shall report to Congress on any legal and technical barriers to capturing data on the prevalence of the use of wireless communications devices while driving, including recommendations on how to address those barriers. | {"src": "billsum_train", "title": "Improving Driver Safety Act of 2015"} | 935 | 271 | 0.628718 | 1.742724 | 0.794008 | 2.546559 | 3.615385 | 0.82996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness to Pet Owners Act of
2014''.
SEC. 2. APPLICABILITY.
This Act shall only apply to medication for a domesticated
household animal that the Federal Government prevents consumers from
purchasing without a prescription.
SEC. 3. RULES ON VETERINARY PRESCRIPTIONS.
Not later than 180 days after the date of the enactment of this
Act, the Federal Trade Commission shall promulgate rules in accordance
with section 553 of title 5, United States Code, that include the
following requirements with regard to a veterinary prescription:
(1) In general.--A requirement that the prescriber of an
animal drug shall--
(A) whether or not requested by the pet owner,
provide to the pet owner, before offering to fill or
dispensing, a veterinary prescription, a copy of the
veterinary prescription, including by electronic or
other means;
(B) provide a copy of the prescription by
electronic or other means consistent with applicable
State law, if requested by a pharmacy or any other
person designated to act on behalf of the pet owner;
and
(C) upon request by a pharmacy or any other person
designated to act on behalf of the pet owner, verify
the prescription.
(2) Purchase, payment, and waiver.--A requirement that the
prescriber of an animal drug--
(A) may not--
(i) require purchase of the animal drug for
which the veterinary prescription was written
from the prescriber or from another person as a
condition of providing a copy of the veterinary
prescription or verifying such prescription
under paragraph (1);
(ii) require payment in addition to, or as
part of, the fee for an examination and
evaluation as a condition of providing a copy
of the veterinary prescription or verifying
such prescription under paragraph (1); or
(iii) require the pet owner to sign a
waiver or disclaim liability, or deliver to the
pet owner a notice waiving or disclaiming
liability of the prescriber for the accuracy of
the veterinary prescription, as a condition of
providing a copy of such prescription or
verifying such prescription under paragraph
(1); and
(B) may require payment of fees for an examination
and evaluation before providing a veterinary
prescription, but only if the prescriber requires
immediate payment in the case of an examination that
reveals no requirement for an animal drug.
SEC. 4. ENFORCEMENT.
(a) Unfair or Deceptive Act or Practice.--A violation of a rule
prescribed pursuant to section 3 of this Act shall be treated as a
violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)).
(b) Powers of Commission.--
(1) In general.--The Federal Trade Commission shall enforce
this Act in the same manner, by the same means, and with the
same jurisdiction as though all applicable terms and provisions
of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were
incorporated into and made a part of this Act.
(2) Privileges and immunities.--Any person who violates a
rule prescribed pursuant to section 3 of this Act shall be
subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
SEC. 5. DEFINITIONS.
In this Act:
(1) Animal drug.--The term ``animal drug'' means a drug
intended to be administered to an animal that may not be
dispensed without a prescription.
(2) Domesticated household animal.--The term ``domesticated
household animal'' means a companion animal permitted under
applicable State and local law to be kept in a home for
noncommercial purposes.
(3) Pet owner.--The term ``pet owner'' means the legal
owner of a domesticated household animal or a person designated
by such owner to present such animal to the prescriber for
care.
(4) Prescriber.--The term ``prescriber'' means a health
care practitioner who is licensed to practice veterinary
medicine or other person permitted under State law to issue
prescriptions for animal drugs.
(5) Veterinary prescription.--The term ``veterinary
prescription''--
(A) means a written, oral, or electronic order from
a prescriber authorizing the dispensing of an animal
drug for use by a domesticated household animal and
normally administered to the animal by its owner,
issued in accordance with State and Federal law; and
(B) does not include an animal drug administered by
the veterinarian in the course of providing acute care. | Fairness to Pet Owners Act of 2014 - Directs the Federal Trade Commission (FTC) to require prescribers of animal drugs to verify prescriptions and provide copies of prescriptions to pet owners, pet owner designees, and pharmacies, without the prescriber demanding payment or establishing other conditions. Treats a violation of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act. | {"src": "billsum_train", "title": "Fairness to Pet Owners Act of 2014"} | 1,051 | 92 | 0.587077 | 1.557051 | 0.966184 | 2.506849 | 12.876712 | 0.835616 |
SECTION 1. REDUCED TAXES FOR PATRIOT EMPLOYERS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45N. REDUCTION IN TAX OF PATRIOT EMPLOYERS.
``(a) In General.--In the case of any taxable year with respect to
which a taxpayer is certified by the Secretary as a Patriot employer,
the Patriot employer credit determined under this section for purposes
of section 38 shall be equal to 1 percent of the taxable income of the
taxpayer which is properly allocable to all trades or businesses with
respect to which the taxpayer is certified as a Patriot employer for
the taxable year.
``(b) Patriot Employer.--For purposes of subsection (a), the term
`Patriot employer' means, with respect to any taxable year, any
taxpayer which--
``(1) maintains its headquarters in the United States if
the taxpayer has ever been headquartered in the United States,
``(2) pays at least 60 percent of each employee's health
care premiums,
``(3) if such taxpayer employs at least 50 employees on
average during the taxable year--
``(A) maintains or increases the number of full-
time workers in the United States relative to the
number of full-time workers outside of the United
States,
``(B) compensates each employee of the taxpayer at
an hourly rate (or equivalent thereof) not less than an
amount equal to the Federal poverty level for a family
of three for the calendar year in which the taxable
year begins divided by 2,080,
``(C) provides either--
``(i) a defined contribution plan which for
any plan year--
``(I) requires the employer to make
nonelective contributions of at least 5
percent of compensation for each
employee who is not a highly
compensated employee, or
``(II) requires the employer to
make matching contributions of 100
percent of the elective contributions
of each employee who is not a highly
compensated employee to the extent such
contributions do not exceed the
percentage specified by the plan (not
less than 5 percent) of the employee's
compensation, or
``(ii) a defined benefit plan which for any
plan year requires the employer to make
contributions on behalf of each employee who is
not a highly compensated employee in an amount
which will provide an accrued benefit under the
plan for the plan year which is not less than 5
percent of the employee's compensation, and
``(D) provides full differential salary and
insurance benefits for all National Guard and Reserve
employees who are called for active duty, and
``(4) if such taxpayer employs less than 50 employees on
average during the taxable year, either--
``(A) compensates each employee of the taxpayer at
an hourly rate (or equivalent thereof) not less than an
amount equal to the Federal poverty level for a family
of 3 for the calendar year in which the taxable year
begins divided by 2,080, or
``(B) provides either--
``(i) a defined contribution plan which for
any plan year--
``(I) requires the employer to make
nonelective contributions of at least 5
percent of compensation for each
employee who is not a highly
compensated employee, or
``(II) requires the employer to
make matching contributions of 100
percent of the elective contributions
of each employee who is not a highly
compensated employee to the extent such
contributions do not exceed the
percentage specified by the plan (not
less than 5 percent) of the employee's
compensation, or
``(ii) a defined benefit plan which for any
plan year requires the employer to make
contributions on behalf of each employee who is
not a highly compensated employee in an amount
which will provide an accrued benefit under the
plan for the plan year which is not less than 5
percent of the employee's compensation.''.
(b) Allowance as General Business Credit.--Section 38(b) of the
Internal Revenue Code or 1986 is amended by striking ``and'' at the end
of paragraph (25), by striking the period at the end of paragraph (26)
and inserting ``, and'', and by adding at the end the following:
``(27) the Patriot employer credit determined under section
45N.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Amends the Internal Revenue Code to allow a taxpayer certified as a Patriot employer by the Secretary of the Treasury a tax credit for one percent of such employer's taxable income. Defines a "Patriot employer" as any taxpayer who: (1) maintains its headquarters in the United States; (2) pays at least 60% of the health care premiums of its employees; (3) maintains or increases the number of its full-time workers in the United States relative to its full-time workers outside of the United States: (4) provides its employees with a certain level of compensation and retirement benefits; and (5) provides full differential salary and insurance benefits for all National Guard and Reserve employees called to active duty. | {"src": "billsum_train", "title": "A bill to provide a Federal income tax credit for Patriot employers, and for other purposes."} | 995 | 150 | 0.579801 | 1.563748 | 0.670638 | 3.823944 | 6.683099 | 0.908451 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secret Evidence Against Lawful
Aliens Repeal Act of 2001''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) No person physically present in the United States who
is a lawful permanent resident alien or other alien with an
unexpired visa should be deprived of liberty based on evidence
kept secret from that person, including information classified
for national security reasons.
(2) Use of secret evidence in immigration proceedings
against lawful aliens deprives such aliens of due process
rights guaranteed under the United States Constitution and
undermines our adversarial system, which relies on cross-
examination as an engine of truth-seeking.
SEC. 3. APPLICATION OF PROCEDURES USED UNDER CLASSIFIED INFORMATION
PROCEDURES ACT (CIPA) TO IMMIGRATION PROCEEDINGS.
(a) Application of Procedures Used Under Classified Information
Procedures Act (CIPA) to Immigration Proceedings.--Chapter 9 of title
II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is
amended by adding at the end the following new section:
``application of procedures used under classified information
procedures act to certain immigration proceedings
``Sec. 295. (a) Notice of Intended Use of Classified Information.--
``(1) In general.--In any immigration proceeding respecting
an alien who is lawfully admitted for permanent residence or
otherwise present in the United States with an unexpired visa
in which the Attorney General seeks to use classified
information, the Attorney General shall inform the alien and
the presiding officer in advance. To the maximum extent
practicable, if the Attorney General is initiating such
proceeding, the Attorney General shall provide such notice
within 15 days after initiating the proceeding.
``(2) Limitation.--The Attorney General may seek to use
classified information only in an immigration proceeding
described in paragraph (1) in which the alien is alleged to be
deportable under section 237(a)(4)(B) or to oppose an
application for admission or an application for discretionary
relief from removal and only after issuing the following
certification:
``(A) Substantially the same information could not
reasonably be developed from open sources.
``(B) The Attorney General has informed the
classifying agency of its intent to use the classified
information in connection with immigration proceedings
and has requested such agency to declassify such
information as is permitted to be declassified under
the President's Executive Order on classification.
``(b) Referral of Classified Matters to District Court.--
``(1) In general.--In the case of an immigration proceeding
described in subsection (a)(1) in which the Attorney General or
the alien moves for a referral under this section to consider
matters relating to classified information that may arise in
connection with the proceeding, the presiding officer shall
forward the petition for review to a Federal district court for
the district in which the alien resides or the place where the
immigration proceedings are pending, of the use of such
information in such proceeding under subsection (c). Any
evidence which is the subject of a petition shall not be
considered in the immigration proceeding and shall not be
examined by the presiding officer, except as provided in
paragraph (3).
``(2) Suspension of immigration proceeding.--In the case of
an order or review provided for under paragraph (1), the
immigration proceeding may be suspended by the presiding
officer pending the disposition of such matter by the district
court involved (and any appeals related to such matter).
``(3) Submission of summary.--In the case of a referral
under paragraph (1)(A), after the application of subsection
(c), the district court shall issue an order to the presiding
officer at the proceeding indicating any unclassified summary
of classified information, and admissions in lieu of disclosure
of classified information, that may be used and the conditions
of its use at the proceeding. The presiding officer shall
determine whether any information approved by the order may be
offered at the immigration proceeding.
``(c) Application of CIPA.--
``(1) In general.--Subject to the succeeding provisions of
this section, in the cases described in subsection (b)(1)
involving review by a Federal district court of the use of
classified information in an immigration proceeding, the
provisions of the Classified Information Procedures Act (18 U.S.C.
Appendix III) (in this section referred to as `CIPA') shall apply to an
alien who is a subject of the immigration proceeding in the same manner
as it applies to a defendant in a criminal proceeding subject to CIPA.
``(2) General rules of application.--In applying subsection
(a), the following general rules apply:
``(A) Any reference in CIPA to--
``(i) a criminal defendant or a trial (or
pre-trial) proceeding is deemed to be a
reference to the alien who is the subject of
the immigration proceeding and to the
immigration proceeding;
``(ii) an indictment or information at
issue is deemed to be a reference to a notice
to appear;
``(iii) a dismissal of an indictment or
information is deemed a reference to
termination of the immigration proceeding
against an alien; and
``(iv) a trial court is deemed a reference
(in the case of an administrative immigration
proceeding) to the presiding officer in such
proceeding.
``(B) The provisions of section 2 of CIPA (other
than the last sentence) shall not be applied.
``(C) The Attorney General shall prescribe rules
establishing procedures for the protection against
unauthorized disclosure of classified information in
the custody of the Federal non-judicial officials in
immigration proceedings. Such rules shall apply instead
of the rules described in section 9 of CIPA.
``(D) Section 12 of CIPA shall not be applied to
immigration proceedings.
``(E) In lieu of the reports described in section
13 of CIPA, the Attorney General shall report annually
and in writing to the chairmen and ranking minority
members of the Committees on the Judiciary of the
Senate and the House of Representatives on the
implementation of this section. Such reports shall
include the following information about each case
brought under this section:
``(i) The alien's country of citizenship
or, if the alien was stateless, the country in
which the alien last habitually resided outside
of the United States.
``(ii) The alien's immigration status.
``(iii) Whether the Federal district court
approved the summary of classified information
and the deletions or admissions proffered by
the Attorney General.
``(iv) Whether the alien was ultimately
ordered removed under section 237(a)(4)(B) or
was granted or denied admission.
``(d) Disclosure of Exculpatory Evidence.--In any immigration
proceeding under this section, the Attorney General shall disclose to
the alien information that it would be required to disclose to a
defendant in an analogous criminal proceeding under CIPA.
``(e) Appointment of Counsel.--In any immigration proceeding
described in subsection (a)(1), any alien financially unable to obtain
counsel shall be entitled to have counsel assigned to represent such
alien. Counsel may be appointed as described in section 3006A of title
18, United States Code.
``(f) Construction Concerning Declassification of Information.--
Nothing in this section shall be construed as preventing an alien who
is lawfully admitted for permanent residence or otherwise present in
the United States with an unexpired visa in an immigration proceeding
from seeking access to classified information under section 552 of
title 5, United States Code, or, in the case of information which is
not disclosed based on section 552(b)(1) of such title, from initiating
an action to seek to declassify some or all of the information
involved.
``(g) Expedited Proceedings.--To the extent practicable and in the
interests of justice, proceedings under this section shall be conducted
on an expedited basis.
``(h) Definitions.--For purposes of this section:
``(1) Immigration proceeding.--The term `immigration
proceeding' means any administrative proceeding under this Act.
``(2) Presiding officer.--The term `presiding officer'
means, with respect to an immigration proceeding, the
administrative or judicial official who is presiding over the
immigration proceeding.''.
(b) Conforming Amendments.--
(1) Alien terrorist removal.--Title V of the Immigration
and Nationality Act is amended by adding at the end the
following new section:
``SEC. 508. LIMITATION ON APPLICATION OF TITLE.
``This title shall not apply to any alien who is lawfully admitted
for permanent residence or who is otherwise present in the United
States with an unexpired visa.''.
(2) Aliens' rights in proceedings.--Section 240(b)(4)(B) of
the Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)(B))
is amended by inserting ``(subject to section 295)'' after
``but''.
(3) Burden on alien.--The last sentence of section
240(c)(2) of such Act (8 U.S.C. 1229a(c)(2)) is amended by
inserting ``and for which disclosure is not provided under
section 295'' after ``not considered by the Attorney General to
be confidential''
(c) Clerical Amendments.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) by inserting after the item relating to section 294 the
following new item:
``Sec. 295. Application of procedures used under Classified Information
Procedures Act to certain immigration
proceedings.''; and
(2) by adding after the item relating to section 507 the
following new item:
``Sec. 508. Limitation on application of title.''.
SEC. 4. REPEAL OF USE OF SECRET EVIDENCE IN BOND PROCEEDINGS AND
JUDICIAL REVIEW OF BOND DETERMINATIONS.
(a) Aliens' Rights in Bond Proceedings.--Section 236 of the
Immigration and Nationality Act (8 U.S.C. 1226) is amended by adding at
the end the following:
``(f) Aliens' Rights in Bond Proceedings.--Subject to section 295,
in proceedings under this section in the case of an alien who is
lawfully admitted for permanent residence or otherwise present in the
United States with an unexpired visa--
``(1) the alien shall have the privilege of being
represented, at no expense to the Government, by counsel of the
alien's choosing who is authorized to practice in such
proceedings;
``(2) the alien shall have a reasonable opportunity to
examine the evidence against the alien, to present evidence on
the alien's own behalf, and to cross-examine all witnesses
presented by the Government; and
``(3) a complete record shall be kept of all testimony and
evidence produced at the proceeding.''.
(b) Judicial Review.--Section 236(e) of the Immigration and
Nationality Act (8 U.S.C. 1226(e)) is amended--
(1) in the first sentence, by inserting ``to an alien who
is not a lawful permanent resident or who otherwise has an
unexpired visa'' after ``application of this section'';
(2) in the second sentence, by inserting ``who is not a
lawful permanent resident or who otherwise has an unexpired
visa'' after ``of any alien''; and
(3) by adding at the end the following: ``Notwithstanding
any other provision of law, any alien who is a lawful permanent
resident or who otherwise has an unexpired visa and against
whom an order concerning detention, release on bond or parole
pending or subsequent to an order of deportability,
excludability, or removability shall be entitled to judicial
review thereof in habeas corpus proceedings to determine
whether the Attorney General is acting in violation of the laws
or Constitution of the United States, or is not proceeding with
such reasonable dispatch as may be warranted by the particular
facts and circumstances of the case.''.
SEC. 5. REPEAL OF USE OF SECRET EVIDENCE AGAINST LAWFUL ALIENS.
Section 235(c)(1) of the Immigration and Nationality Act (8 U.S.C.
1225(c)(1)) is amended to read as follows:
``(1) Removal without further hearing.--
``(A) In general.--Except in the case of an alien
described in subparagraph (B), if an immigration
officer or an immigration judge suspects that an
arriving alien may be inadmissible under subparagraph
(A) (other than clause (ii)), (B), or (C) of section
212(a)(3), the officer or judge shall--
``(i) order the alien removed, subject to
review under paragraph (2);
``(ii) report the order of removal to the
Attorney General; and
``(iii) not conduct any further inquiry or
hearing until ordered by the Attorney General.
``(B) Excepted aliens described.--An alien
described in this subparagraph is an alien who--
``(i) is a lawful permanent resident; or
``(ii) has an unexpired visa.''.
SEC. 6. TRANSITION.
(a) Application to Detainees.--Not more than 30 days after the
effective date of this Act, the Attorney General shall, with respect to
any alien who is lawfully admitted for permanent residence or otherwise
present in the United States with an unexpired visa then detained or
whose liberty is otherwise restricted by the Attorney General, on the
basis in whole or in part of information submitted by the Government ex
parte and in camera to an immigration judge, to the Board of
Immigration Appeals or to any court--
(1) provide such alien a copy or transcript of such
information, and provide the alien with a redetermination of
bond (or a reconsideration of the terms of custody, as the case
may be) based on evidence disclosed to the alien and the
alien's response to such evidence;
(2) withdraw from the record of any proceedings involving
such alien any and all evidence, testimony, or other
information submitted by the Government ex parte and in camera
to the immigration judge, the Board of Immigration Appeals, or
to any court, as the case may be, and--
(A) release such alien if such alien is detained;
and
(B) cease all restrictions on the liberty of such
alien if such restrictions exist,
unless detention is warranted solely on the basis of evidence
disclosed to the alien;
(3) initiate proceedings under section 295, if applicable;
or
(4) release such alien.
(b) Termination of Proceedings.--In the case of an alien who is
lawfully admitted for permanent residence or otherwise in the United
States with an unexpired visa and who is in immigration proceedings as
of the effective date of this Act conducted under title V of the
Immigration and Nationality Act--
(1) such proceedings are terminated as of the effective
date of this Act without prejudice to the Attorney General or
the alien; and
(2) the Attorney General may, in his or her discretion,
commence de novo removal proceedings within 10 days thereafter
under section 240 of the Immigration and Nationality Act (8
U.S.C. 1229a) and proceedings under section 295, if applicable.
SEC. 7. REGULATIONS.
The Attorney General shall promulgate regulations, including
regulations governing applications for withholding of deportation or
removal and relief from deportation, exclusion, or removal to implement
this Act not more than 90 days after the effective date of this Act.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act and shall apply to all aliens who are lawful
permanent residents or who otherwise have an unexpired visa without
regard to the date of arrival, admission, or entry into the United
States. | Secret Evidence Against Lawful Aliens Repeal Act of 2001 - Amends the Immigration and Nationality Act to require the Attorney General to provide advance notice to an alien who is a lawful permanent resident or is otherwise in the United States with an unexpired visa and the presiding officer in any immigration proceeding in which classified information is intended to be used.Limits such information's use to: (1) terrorist activity deportation; or (2) opposition to an alien's admission or relief from removal upon certification that such information could not be developed from open sources and that an agency declassification request has been made.Provides: (1) for Federal district court review of classified material upon Attorney General or alien request; and (2) that the court will issue an order indicating any unclassified summary of such material that may be used in the immigration proceeding. Applies the provisions of the Classified Information Procedures Act to an immigration proceeding under district court review in the same manner as a criminal proceeding subject to such Act. Amends the Act to entitle an alien, subject to the classified information provisions of this Act, who is subject to arrest and detention for removal or deportation to: (1) non-federally provided counsel; (2) examine all evidence, present evidence, and question witnesses; (3) have a complete record of the proceeding kept; and (4) judicial review. Exempts an alien who is a lawful permanent resident or has an unexpired visa from related removal provisions. (Such provisions provide for limited hearings and use of nondisclosed information.) Provides for transitional application of information access provisions to such aliens. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to ensure that no permanent resident alien or alien in the United States with an unexpired visa is removed or otherwise deprived of liberty, based on evidence that is kept secret from the alien."} | 3,608 | 355 | 0.687325 | 2.237889 | 0.84494 | 2.522727 | 10.477273 | 0.918831 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Infrastructure Act of
1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) improving the quality of public elementary and
secondary school libraries, media centers, and facilities will
help our Nation meet the National Education Goals;
(2) Federal, State, and local funding for the repair,
renovation, alteration and construction of public elementary
and secondary school libraries, media centers, and facilities
has not adequately reflected need; and
(3) the challenges facing our Nation's public elementary
and secondary schools require the concerted and collaborative
efforts of all levels of government and all sectors of the
community.
SEC. 3. PURPOSE.
It is the purpose of this Act to help our Nation meet the National
Education Goals through the repair, renovation, alteration and
construction of public elementary and secondary school libraries, media
centers, and facilities, used for academic or vocational instruction.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(1) the term ``alteration'' refers to any change to an
existing property for use for a different purpose or function;
(2) the term ``construction'' refers to the erection of a
building, structure, or facility, including the concurrent
installation of equipment, site preparation, associated roads,
parking, and utilities, which provides area or cubage not
previously available, including--
(A) freestanding structures, additional wings, or
floors, enclosed courtyards or entryways, and any other
means to provide usable program space that did not
previously exist; and
(B) the complete replacement of an existing
facility;
(3) the term ``eligible local educational agency'' means a
local educational agency, as such term is defined in section
1471 of the Elementary and Secondary Education Act of 1965,
which demonstrates in the application submitted under section 7
that such agency--
(A) has urgent repair, renovation, alteration and
construction needs for its public elementary or
secondary school libraries, media centers, and
facilities, used for academic or vocational
instruction; and
(B) serves large numbers or percentages of
disadvantaged students;
(4) the term ``renovation'' refers to any change to an
existing property to allow its more efficient use within such
property's designated purpose;
(5) the term ``repair'' refers to the restoration of a
failed or failing real property facility, component, or a
building system to such a condition that such facility,
component, or system may be used effectively for its designated
purpose, if, due to the nature or extent of the deterioration
or damage to such facility, component, or system, such
deterioration or damage cannot be corrected through normal
maintenance; and
(6) the term ``Secretary'', unless otherwise specified,
means the Secretary of Education.
SEC. 5. IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION
FACILITIES PROGRAM AUTHORIZED.
(a) Program Authority.--From amounts appropriated pursuant to the
authority of subsection (b) in any fiscal year, the Secretary shall
award grants to eligible local educational agencies having applications
approved under section 6 to carry out the authorized activities
described in section 7.
(b) Authorization of Appropriations.--There are to be appropriated
$600,000,000 for fiscal year 1995, and such sums as may be necessary
for each of the fiscal years 1996 through 2004, to carry out this Act.
SEC. 6. APPLICATIONS.
(a) Contents Required.--Each eligible local educational agency
desiring to receive a grant under this Act shall submit an application
to the Secretary. Each such application shall--
(1) contain an assurance that such application was
developed in consultation with parents and classroom teachers;
and
(2) include--
(A) a description of each architectural, civil,
structural, mechanical, electrical, or telephone line,
deficiency to be corrected with funds provided under
this Act, including the priority for the repair of the
deficiency;
(B) a description of the corrective action to be
supported with funds provided under this Act;
(C) a cost estimate of the proposed corrective
action;
(D) an identification of the total amount and
percentage of such agency's budget used in the
preceding fiscal year for the maintenance, repair,
renovation, alteration, and construction of public
elementary and secondary school libraries, media
centers, and facilities;
(E) a description of how such agency plans to
maintain the repair, renovation, alteration, or
construction supported with funds provided under this
Act;
(F) a description of the extent to which the
repair, renovation, alteration, or construction will
help the Secretary meet the goals described in section
9(1)(A); and
(G) such other information as the Secretary may
reasonably require.
(b) Priorities in Selection of Applications.--In selecting
applications for the award of grant funds under this Act, the Secretary
shall give priority to local educational agencies that--
(1) are seeking funds for the repair, renovation,
alteration, or construction of facilities that are the oldest
for which funds are sought under this Act;
(2) have the highest number of facilities with health and
safety hazards from one or more of the following sources:
asbestos, lead, radon, plumbing, electrical wiring; and
(3) serve areas with high rates of unemployment.
SEC. 7. AUTHORIZED ACTIVITIES.
Each eligible local educational agency receiving a grant under this
Act shall use such grant funds to help our Nation meet the National
Education Goals through the repair, renovation, alteration, and
construction of a public elementary or secondary school library, media
center, or facility, used for academic or vocational instruction,
including--
(1) inspection of such library, center, or facility;
(2) repairing such library, center, or facility that poses
a health or safety risk to students;
(3) upgrading of and alteration to such library, center, or
facility in order to accommodate new instructional technology;
(4) meeting the requirements of section 504 of the
Rehabilitation Act of 1973 and the Americans with Disabilities
Act of 1990;
(5) removal or containment of severely hazardous material
such as asbestos, lead, and radon using a cost-effective
method;
(6) installation or upgrading of school security and
communications systems;
(7) energy conservation;
(8) meeting Federal, State, or local codes related to fire,
air, light, noise, waste disposal, building height, or other
codes passed since the initial construction of such library,
center, or facility; and
(9) replacing an old library, center, or facility that is
most cost-effectively torn down rather than renovated.
SEC. 8. REQUIREMENTS.
(a) Special Rules.--
(1) Maintenance of effort.--An eligible local educational
agency may receive a grant under this Act for any fiscal year
only if the Secretary finds that either the combined fiscal
effort per student or the aggregate expenditures of that agency
and the State with respect to the provision of free public
education by such local educational agency for the preceding
fiscal year was not less than 90 percent of such combined
fiscal effort or aggregate expenditures for the fiscal year for
which the determination is made.
(2) Supplement not supplant.--An eligible local educational
agency shall use funds received under this Act only to
supplement the amount of funds that would, in the absence of
such Federal funds, be made available from non-Federal sources
for the repair and construction of school facilities used for
educational purposes, and not to supplant such funds.
(b) General Limitations.--
(1) Real property.--No part of any grant funds under this
Act shall be used for the acquisition of any interest in real
property.
(2) Maintenance.--Nothing in this Act shall be construed to
authorize the payment of maintenance costs in connection with
any projects constructed in whole or in part with Federal funds
provided under this Act.
(3) Environmental safeguards.--All projects carried out
with Federal funds provided under this Act shall comply with
all relevant Federal, State, and local environmental laws and
regulations.
(4) Applicability of laws regarding individuals with
disabilities.--Sections 504 and 505 of the Rehabilitation Act
of 1973 and the Americans with Disabilities Act of 1990 shall
apply to projects carried out with Federal funds provided under
this Act.
SEC. 9. CONTRACTS.
If a project assisted under this Act will be carried out pursuant
to a contract, the following limitations shall apply:
(1) Minority participation.--The Secretary shall
establish--
(A) goals for the participation of small business
concerns as contractors or subcontractors that meet or
exceed the governmentwide goals established pursuant to
section 15(g)(1) of the Small Business Act (15 U.S.C.
644(g)(1)) for the participation of such concerns in
contracts supported with funds under this Act (and
subcontracts under such contracts); and
(B) an evaluation process for such participation
that gives significant weight to the goals described in
subparagraph (A).
(2) Davis-bacon.--All laborers and mechanics employed by
contractors or subcontractors in the performance of any
contract and subcontract for the repair, renovation,
alteration, or construction, including painting and decorating,
of any building or work that is financed in whole or in part by
a grant under this Act, shall be paid wages not less than those
determined by the Secretary of Labor in accordance with the Act
of March 3, 1931 (commonly known as the Davis-Bacon Act); as
amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall
have the authority and functions set forth in reorganization
plan of No. 14 of 1950 (15 FR 3176; 64 Stat. 1267) and section
2 of the Act of June 1, 1934 (commonly known as the Copeland
Anti-Kickback Act) as amended (40 U.S.C. 276c, 48 Stat. 948).
SEC. 10. TECHNICAL ASSISTANCE.
The comprehensive regional centers established under section 2203
of the Elementary and Secondary Education Act of 1965 may provide
assistance in the repair, renovation, alteration, and construction of
public elementary or secondary school libraries, media centers, or
facilities to eligible local educational agencies receiving assistance
under this Act.
SEC. 11. FEDERAL ASSESSMENT.
The Secretary shall reserve not more than 1 percent of funds
appropriated pursuant to the authority of section 5(b)--
(1) to collect such data as the Secretary determines
necessary at the school, local, and State levels; and
(2) to conduct studies and evaluations, including national
studies and evaluations, in order to--
(A) monitor the progress of projects supported with
funds provided under this Act; and
(B) evaluate the state of American public
elementary and secondary school libraries, media
centers, and facilities; and
(3) to report to the Congress by July 1, 1997, regarding
the findings of the studies and evaluations described in
paragraph (2). | Education Infrastructure Act of 1994 - Directs the Secretary of Education to award grants to eligible local educational agencies to meet the National Education Goals through repair, renovation, alteration, and construction of public elementary or secondary school libraries, media centers, or facilities, used for academic or vocational instruction, including certain authorized activities.
Sets forth requirements for: (1) priorities in selection of applications; (2) maintenance of effort, supplementation of non-Federal funds, and general limitations; (3) minority small business participation as project contractors or subcontractors, and payment of wages in accordance with the Davis-Bacon Act; and (4) Federal evaluation.
Authorizes the comprehensive regional centers to provide technical assistance to such projects.
Authorizes appropriations. | {"src": "billsum_train", "title": "Education Infrastructure Act of 1994"} | 2,356 | 155 | 0.524831 | 1.389857 | 0.809084 | 3.937931 | 15.703448 | 0.944828 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipal Bond Market Support Act of
2008''.
SEC. 2. MODIFICATION OF SMALL ISSUER EXCEPTION TO TAX-EXEMPT INTEREST
EXPENSE ALLOCATION RULES FOR FINANCIAL INSTITUTIONS.
(a) Increase in Limitation.--Subparagraphs (C)(i), (D)(i), and
(D)(iii)(II) of section 265(b)(3) of the Internal Revenue Code of 1986
are each amended by striking ``$10,000,000'' and inserting
``$30,000,000''.
(b) Repeal of Aggregation Rules Applicable to Small Issuer
Determination.--Paragraph (3) of section 265(b) of such Code is amended
by striking subparagraphs (E) and (F).
(c) Election To Apply Limitation at Borrower Level.--Paragraph (3)
of section 265(b) of such Code, as amended by subsection (b), is
amended by adding at the end the following new subparagraph:
``(E) Election to apply limitation on amount of
obligations at borrower level.--
``(i) In general.--An issuer, the proceeds
of the obligations of which are to be used to
make or finance eligible loans, may elect to
apply subparagraphs (C) and (D) by treating
each borrower as the issuer of a separate
issue.
``(ii) Eligible loan.--For purposes of this
subparagraph--
``(I) In general.--The term
`eligible loan' means one or more loans
to a qualified borrower the proceeds of
which are used by the borrower and the
outstanding balance of which in the
aggregate does not exceed $30,000,000.
``(II) Qualified borrower.--The
term `qualified borrower' means a
borrower which is an organization
described in section 501(c)(3) and
exempt from taxation under section
501(a) or a State or political
subdivision thereof.
``(iii) Manner of election.--The election
described in clause (i) may be made by an
issuer for any calendar year at any time prior
to its first issuance during such year of
obligations the proceeds of which will be used
to make or finance one or more eligible
loans.''.
(d) Inflation Adjustment.--Paragraph (3) of section 265(b) of such
Code, as amended by subsections (b) and (c), is amended by adding at
the end the following new subparagraph:
``(F) Inflation adjustment.--In the case of any
calendar year after 2009, the $30,000,000 amounts
contained in subparagraphs (C)(i), (D)(i),
(D)(iii)(II), and (E)(ii)(I) shall each be increased by
an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for such
calendar year, determined by substituting
`calendar year 2008' `for calendar year 1992'
in subparagraph (B) thereof.
Any increase determined under the preceding sentence
shall be rounded to the nearest multiple of
$100,000.''.
(e) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2008.
SEC. 3. DE MINIMIS SAFE HARBOR EXCEPTION FOR TAX-EXEMPT INTEREST
EXPENSE OF FINANCIAL INSTITUTIONS AND BROKERS.
(a) Financial Institutions.--Subsection (b) of section 265 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(7) De minimis exception.--Paragraph (1) shall not apply
to any financial institution if the portion of the taxpayer's
holdings of tax-exempt securities is less than 2 percent of the
taxpayer's assets.''.
(b) Brokers.--Subsection (a) of section 265 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(7) De minimis exception.--Paragraph (2) shall not apply
to any broker (as defined in section 6045(c)(1)) if the portion
of the taxpayer's holdings of tax-exempt securities is less
than 2 percent of the taxpayer's assets.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Municipal Bond Market Support Act of 2008 - Amends Internal Revenue Code provisions relating to the small issuer exemption from interest expense allocation rules for financial institutions to: (1) increase from $10 to $30 million the annual limit on small issuers of tax-exempt municipal bonds; (2) allow an inflation adjustment to such increased limit amount after 2009; (3) repeal aggregation rules relating to the determination of small issuer eligibility; (4) allow small issuers an election to treat borrowers separately for purposes of issuance limitations; and (5) allow financial institutions and brokers to hold up to 2% of their assets in tax-exempt securities without affecting their interest expense tax deduction. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to modify the limitations on the deduction of interest by financial institutions which hold tax-exempt bonds, and for other purposes."} | 1,076 | 142 | 0.517383 | 1.31431 | 0.656752 | 1.795455 | 6.469697 | 0.719697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowners Insurance and Mitigation
Assistance Act of 2008''.
SEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR CERTAIN HOMEOWNERS INSURANCE
PREMIUMS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. CERTAIN HOMEOWNERS INSURANCE PREMIUMS.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to 50 percent of the
taxpayer's qualified homeowners insurance premium for such taxable
year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed under subsection
(a) for any taxable year shall not exceed $500.
``(2) Limitation based on adjusted gross income.--The
amount of the credit allowable under subsection (a) shall be
reduced (but not below zero) by 2 percentage points for each
percentage point (or fraction thereof) by which the taxpayer's
adjusted gross income exceeds the State median income for such
a taxpayer for the preceding taxable year in the State in which
the principal residence of such taxpayer is located.
``(3) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for any taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section and sections 23, 24,
and 25B) and section 27 for the taxable year.
``(c) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means any
taxpayer whose principal residence is--
``(A) substantially the same dwelling unit during
the applicable period, and
``(B) located in either--
``(i) an area determined by the President
to warrant individual or individual and public
assistance from the Federal Government under
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act by reason of one or
more hurricanes during 2004 or 2005, or
``(ii) a county--
``(I) located in a State which
borders the Atlantic Ocean or the Gulf
of Mexico, and
``(II) which is determined by the
Secretary, in consultation with the
National Association of Insurance
Commissioners, to have experienced a
higher than average increase in
homeowners insurance premiums during
2004, 2005, 2006, or 2007 due to
hurricane risk.
``(2) Applicable period.--The term `applicable period'
means--
``(A) in the case of an area described in paragraph
(1)(B)(i), the period beginning the day before the
determination described in such paragraph and ending on
the last day of the taxable year, and
``(B) in the case of an area described in paragraph
(1)(B)(ii), the period beginning on September 1, 2005,
and ending before the last day of the taxable year.
``(d) Qualified Homeowners Insurance Premium.--For purposes of this
section--
``(1) In general.--The term `qualified homeowners insurance
premium' for any taxable year means an amount equal to the
qualifying percentage of the eligible individual's homeowners
insurance premium in effect on the first policy anniversary
date (or, if greater, the second policy anniversary date)
following the beginning of such individual's applicable period.
``(2) Qualifying percentage.--The term `qualifying
percentage' is equal to the excess (expressed in percentage
points) of--
``(A) the eligible individual's percentage increase
in homeowners insurance premium between the last policy
anniversary before the beginning of such individual's
applicable period and the policy anniversary date (as
determined under paragraph (1)) following the beginning
of such individual's applicable period, over
``(B) the national average percentage increase in
homeowners insurance premiums between the same dates as
determined by the Secretary, in consultation with the
National Association of Insurance Commissioners.
``(e) Other Definitions.--For purposes of this section--
``(1) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(2) Homeowners insurance.--The term `homeowners
insurance' means any insurance covering a principal residence.
``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2009.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Certain homeowners insurance premiums.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 3. NONREFUNDABLE PERSONAL CREDIT FOR HURRICANE, EARTHQUAKE, AND
TORNADO MITIGATION PROPERTY.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25E, as amended by section 2, the following new section:
``SEC. 25F. HURRICANE, EARTHQUAKE, AND TORNADO MITIGATION PROPERTY.
``(a) Allowance of Credit.--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 25 percent of the qualified
hurricane, earthquake, and tornado mitigation property expenditures
made by the taxpayer during such taxable year.
``(b) Maximum Credit.--The credit allowed under subsection (a) for
any taxable year shall not exceed $5,000.
``(c) Qualified Hurricane, Earthquake, and Tornado Mitigation
Expenditure.--For purposes of this section--
``(1) In general.--The term `qualified hurricane,
earthquake, and tornado mitigation property expenditure' means
an expenditure for property--
``(A) to improve the strength of a roof deck
attachment,
``(B) to create a secondary water barrier to
prevent water intrusion,
``(C) to improve the durability of a roof covering,
``(D) to brace gable-end walls,
``(E) to reinforce the connection between a roof
and supporting wall,
``(F) to protect openings from penetration by
windborne debris or by wind-driven rain, or
``(G) to protect exterior doors and garages,
in a qualified dwelling unit located in a qualified State and
owned by the taxpayer.
``(2) Qualified dwelling unit.--The term `qualified
dwelling unit' means a dwelling unit that is assessed at a
value that is less than $1,000,000 by the locality in which
such dwelling unit is located and with respect to the taxable
year for which the credit described in subsection (a) is
allowed.
``(3) Qualified state.--The term `qualified State' means
Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida,
Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Minnesota,
Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New
York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode
Island, South Carolina, South Dakota, Tennessee, Texas, or
Virginia.
``(d) Limitation.--An expenditure shall be taken into account in
determining the qualified hurricane, earthquake, and tornado mitigation
property expenditures made by the taxpayer during the taxable year only
if the onsite preparation, assembly, or original installation of the
property with respect to which such expenditure is made has been
completed in a manner that is deemed to be adequate by a State-
certified inspector.
``(e) Labor Costs.--For purposes of this section, expenditures for
labor costs properly allocable to the onsite preparation, assembly, or
original installation of the property described in subsection (c) shall
be taken into account in determining the qualified hurricane,
earthquake, and tornado mitigation property expenditures made by the
taxpayer during the taxable year.
``(f) Inspection Costs.--For purposes of this section, expenditures
for inspection costs properly allocable to the inspection of the
preparation, assembly, or installation of the property described in
subsection (c) shall be taken into account in determining the qualified
hurricane, earthquake, and tornado mitigation property expenditures
made by the taxpayer during the taxable year.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code, as amended by
section 2, is amended by inserting after the item relating to section
25E the following new item:
``Sec. 25F. Hurricane, earthquake, and tornado mitigation property.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 4. BUSINESS RELATED CREDIT FOR HURRICANE, EARTHQUAKE, AND TORNADO
MITIGATION.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45Q. HURRICANE, EARTHQUAKE, AND TORNADO MITIGATION CREDIT.
``(a) General Rule.--For purposes of section 38, the hurricane,
earthquake, and tornado mitigation credit determined under this section
for any taxable year is an amount equal to 25 percent of the qualified
hurricane, earthquake, and tornado mitigation property expenditures
made by the taxpayer during the taxable year.
``(b) Maximum Credit.--The amount of the credit determined under
subsection (a) for any taxable year shall not exceed $5,000.
``(c) Qualified Hurricane, Earthquake, and Tornado Mitigation
Expenditure.--For purposes of this section--
``(1) In general.--The term `qualified hurricane,
earthquake, and tornado mitigation property expenditure' means
an expenditure for property--
``(A) to improve the strength of a roof deck
attachment,
``(B) to create a secondary water barrier to
prevent water intrusion,
``(C) to improve the durability of a roof covering,
``(D) to brace gable-end walls,
``(E) to reinforce the connection between a roof
and supporting wall,
``(F) to protect openings from penetration by
windborne debris or wind-driven rain, or
``(G) to protect exterior doors and garages,
in a qualified place of business located in a qualified State
and owned by the taxpayer.
``(2) Qualified place of business.--The term `qualified
place of business' means a place of business that is assessed
at a value that is less than $5,000,000 by the locality in
which such business is located and with respect to the taxable
year for which the credit described in subsection (a) is
allowed.
``(3) Qualified state.--The term `qualified State' means
Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida,
Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Minnesota,
Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New
York, North Carolina, Ohio, Pennsylvania, Rhode Island, South
Carolina, South Dakota, Tennessee, Texas, or Virginia.
``(d) Limitation.--An expenditure shall be taken into account in
determining the qualified hurricane, earthquake, and tornado mitigation
property expenditures made by the taxpayer during the taxable year only
if the onsite preparation, assembly, or original installation of the
property with respect to which such expenditure is made has been
completed in a manner that is deemed to be adequate by a State-
certified inspector.
``(e) Labor Costs.--For purposes of this section, expenditures for
labor costs properly allocable to the onsite preparation, assembly, or
original installation of the property described in subsection (c) shall
be taken into account in determining the qualified hurricane,
earthquake, and tornado mitigation property expenditures made by the
taxpayer during the taxable year.
``(f) Inspection Costs.--For purposes of this section, expenditures
for inspection costs properly allocable to the inspection of the
preparation, assembly, or installation of the property described in
subsection (c) shall be taken into account in determining the qualified
hurricane, earthquake, and tornado mitigation property expenditures
made by the taxpayer during the taxable year.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (32), by striking the period
at the end of paragraph (33) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(34) the hurricane, earthquake, and tornado mitigation
credit determined under section 45Q(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45Q. Hurricane, earthquake, and tornado mitigation credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008. | Homeowners Insurance and Mitigation Assistance Act of 2008 - Amends the Internal Revenue Code to allow tax credits for: (1) 50% of the increases in homeowners insurance premiums for taxpayers whose principal residences are located in certain federally declared hurricane disaster areas or in states which border the Atlantic Ocean or the Gulf of Mexico, up to $500 annually; and (2) 25% of the qualified hurricane, earthquake, and tornado mitigation property expenditures of homeowners and businesses, up to $5,000 annually. Includes within the definition of "qualified hurricane, earthquake, and tornado mitigation expenditures" expenditures for property to improve the strength of a roof deck attachment, create a secondary water barrier, improve the durability of a roof covering, reinforce the connection between a roof and a supporting wall, and protect exterior doors and garages. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit against tax for increased homeowners insurance premiums suffered by certain coastal homeowners subject to increased risk from hurricane events, and for homeowner mitigation expenditures for natural catastrophic events."} | 3,103 | 170 | 0.506733 | 1.41965 | 0.68612 | 3.576923 | 17.871795 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Governors Island Reinforcement Act
of 1994''.
SEC. 2. SANCTIONS AGAINST HAITI.
(a) Prohibiting Trade and Certain Transactions Involving Haiti.--
The following are prohibited:
(1) The import into the United States of any goods or
services of Haitian origin, other than publications and
material imported for news publications or news broadcast
dissemination.
(2) The export to Haiti of any goods, technology (including
technical data or other information) or services from the
United States, except publications, food, medicine, and medical
supplies and donations of articles intended to relieve human
suffering, such as clothing and temporary housing.
(3) The purchase by any United States person of any goods
for export from Haiti to any country.
(4) The performance by any United States person of any
contract in support of an industrial or other commercial or
governmental project in Haiti.
(5) The grant or extension of credits or loans by any
United States person to the unelected military rulers of Haiti,
its instrumentalities and controlled entities.
(b) Prohibition of Certain Air Transport Involving Haiti.--The
following is prohibited:
(1) Any transaction by a United States person relating to
air transportation to or from Haiti.
(2) The provision of transportation to or from the United
States by aircraft of Haitian registration.
(3) The sale in the United States by any person holding
authority under the Federal Aviation Act of any transportation
by air which includes any stop in Haiti.
(c) Sanctions Against Other Nations.--
(1) If the President determines that a foreign country is
not cooperating with United States sanctions against Haiti
under this Act or with applicable sanctions against Haiti
imposed by the United Nations and the Organization of American
States, effective 60 days after such determination no United
States assistance may be provided to such foreign country.
(2) If the President makes a determination under paragraph
(1)--
(A) the President shall impose at least one other
penalty or sanction which the President considers to be
appropriate under the International Emergency Economic
Powers Act; and
(B) the President may impose such other sanctions
and penalties under the International Emergency
Economic Powers Act as the President considers
appropriate.
(3) For the purpose of this subsection, the term ``United
States assistance'' means assistance of any kind which is
provided by grant, sale, loan, lease, credit, guaranty, or
insurance, or by any other means, by any agency or
instrumentality of the United States Government, including--
(A) assistance under the Foreign Assistance Act of
1961; and
(B) sales, credits, and guaranties under the Arms
Export Control Act.
(d) Sanctions by Other Countries.--The President shall direct the
United States Ambassador to the United Nations to assume a leadership
role within the United Nations Security Council to ensure that
sanctions against Haiti unilaterally imposed by the United States under
this Act are adopted by the international community.
(e) Termination of Sanctions.--The provisions of this section shall
cease to have effect on the date the President certifies to the
Congress that the democratically-elected President of Haiti has been
reinstated and Haiti's military high command has met its obligations
under the Governors Island Agreement.
SEC. 3. CONGRESSIONAL STATEMENT.
(a) Human Rights Observers.--The Congress strongly urges the
President to take such steps as are necessary to facilitate the return
to Haiti of a full contingent of human rights observers under the
auspices of the United Nations and/or the Organization of American
States.
(b) Multinational Border Patrol.--Subject to the request of the
democratically-elected President of Haiti Jean-Bertrand Aristide, the
Congress strongly urges President Clinton to take all available
measures to effect the deployment of a multinational border patrol
between the Dominican Republic and Haiti which will be fully equipped
in terms of personnel and equipment to halt cross-border violations of
sanctions against Haiti imposed by the United States and other
countries.
(c) Multilateral Socioeconomic and Peacekeeping Assistance.--The
Congress reaffirms the unwavering committment of the United States to
support multilateral socioeconomic and peacekeeping assistance to Haiti
upon the return to power of the democratically-elected President of
Haiti and the removal of Haiti's military high command.
SEC. 4. SANCTITY OF GOVERNORS ISLAND AGREEMENT.
(a) In General.--Subject to subsection (b) and notwithstanding any
other provision of law, no officer or employee of the United States
shall attempt, directly or indirectly, to amend, reinterpret, or
nullify the Governors Island Agreement.
(b) Exception.--Subsection (a) shall not apply to the October 30,
1993, deadline for the return to power of the democratically-elected
President of Haiti, Jean-Bertrand Aristide.
SEC. 5. TERMINATION OF BILATERAL MIGRANT INTERDICTION AGREEMENT.
The President shall notify the Government of Haiti immediately of
the intention of the United States Government to terminate the
agreement between the United States and Haiti relating to migrant
interdiction (effected by the exchange of notes signed at Port-au-
Prince on September 23, 1981; 33 UST 3559, TIAS 6577).
SEC. 6. ADHERENCE TO INTERNATIONAL LAW REQUIREMENT OF NONREFOULEMENT
WITH RESPECT TO HAITI.
(a) Obligations Outside the United States.--The United States
Government shall not return, cause to be returned, or affect the
movement in any manner which results in returning, to Haiti a national
or habitual resident of Haiti, who is outside the territorial
boundaries of Haiti, and no funds may be expended with respect to any
such return, unless the United States Government first determines in a
manner that incorporates procedural safeguards consistent with
internationally endorsed standards and guidelines that such individual
is not a refugee of Haiti under Article 1 of the Convention Relating to
the Status of Refugees (done at Geneva July 28, 1951) as applied under
Article I of the United Nations Protocol Relating to the Status of
Refugees (done at New York, January 31, 1967) or a person designated
under Article 33 of the Convention Relating to the Status of Refugees.
(b) Obligations Within the Territorial Waters of Haiti.--The United
States Government shall not return, cause to be returned, or affect the
movement in any manner which results in returning, to Haiti a national
or habitual resident of Haiti, who is within the territorial waters of
Haiti, and no funds may be expended with respect to any such return,
unless the United States Government first determines in a manner that
incorporates procedural safeguards consistent with internationally
endorsed standards and guidelines that if that individual were outside
the territorial boundaries of Haiti such individual would not be a
refugee of Haiti under Article I of the Convention Relating to the
Status of Refugees (done at Geneva, July 28, 1951) as applied under
Article I of the United National Protocol Relating to the Status of
Refugees (done at New York, January 31, 1967) or a person designated
under Article 33 of the Convention Relating to the Status of Refugees.
This subsection shall not constitute authority for conducting
operations by the United States Government within the territorial
waters of Haiti or any other country.
(c) Limitations.--The provisions of this section do not apply to an
individual if--
(1) such individual ordered, incited, assisted, or
otherwise participated in the persecution of any person on
account of race, religion, nationality, membership in a
particular social group or political opinion; or
(2) such individual, having been convicted by a final
judgment of an aggravated felony (as defined in section
101(a)(43) of the Immigration and Nationality Act), constitutes
a danger to the community of the United States.
(d) Rule of Construction.--Nothing in this section shall be
construed to impose new obligations on the Government of the United
States in its treatment of nationals and habitual residents of a
country at United States diplomatic and consular missions in that
country.
SEC. 7. TEMPORARY PROTECTED STATUS FOR HAITIANS.
(a) Designation.--During the period specified in subsection (c) of
this section, Haiti is hereby designated under section 244A(b)(1) of
the Immigration and Nationality Act (relating to temporary protected
status).
(b) Eligible Haitians.--Any alien--
(1) who is a national of Haiti and is present in the United
States or in the custody or control of the United States
(including Guantanamo Bay, Cuba, and any other vessel or
facility of the United States Government) at any time during
the period described in subsection (c) of this section,
(2) who is not an alien designated under section 8(b) or
9(b) of this Act,
(3) who meets the requirements of section
244A(c)(1)(A)(iii) of the Immigration and Nationality Act, and
(4) who, during the period described in subsection (c) of
this section, registers for temporary protected status to the
extent and in a manner which the Attorney General establishes,
shall be granted temporary protected status for the duration of that
period and section 244A(a)(1) of the Immigration and Nationality Act
shall apply with respect to such alien.
(c) Period of Designation.--The designation pursuant to subsection
(a) shall be in effect during the period beginning on the date of
enactment of this Act and ending on the date on which the President
certifies to the Congress that the democratically-elected President of
Haiti has been reinstated and Haiti's military high command has met its
obligations under the Governors Island Agreement. Subsections (b)(2)
and (b)(3) of section 244A of the Immigration and Nationality Act do
not apply with respect to the designation pursuant to subsection (a) of
this section.
SEC. 8. CERTAIN HAITIANS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM
ADMISSION.
(a) Exclusion.--During the period specified in subsection (c), an
alien designated under subsection (b) shall be ineligible to receive
any visa and shall be excluded from admission into the United States.
(b) Designated Alien.--An alien designated under this subsection is
any alien who--
(1) is a national of Haiti; and
(2)(A) is a member of the Haitian military;
(B) provided financial or other material support for, or
directly assisted, the military coup of September 30, 1991,
which overthrew the democratically-elected Haitian Government
of President Jean-Bertrand Aristide;
(C) provided financial or other material support for, or
directly participated in, terrorist acts against the Haitian
people during any period after such coup; or
(D) contributed to the obstruction of United Nations
resolutions 841 and 843, the Governors Island Agreement, or the
activities of the United Nations Mission in Haiti.
(c) Period of Exclusion.--The period of exclusion specified in this
subsection begins on the date of the enactment of this Act and ends on
the date on which the President certifies to the Congress that the
democratically-elected President of Haiti has been reinstated and
Haiti's military high command has met its obligations under the
Governors Island Agreement.
SEC. 9. BLOCKING OF ASSETS OF CERTAIN HAITIANS.
(a) Blocking of Assets.--During the period specified in subsection
(c), all property and interests in property of aliens designated under
subsection (b) that are in the United States, that hereafter come
within the United States, or that are or hereafter come within the
possession or control of United States persons (including overseas
branches of United States persons), are blocked.
(b) Designated Alien.--An alien designated under this subsection is
any alien who--
(1) is a national of Haiti; and
(2)(A) is a member of the Haitian military;
(B) provided financial or other material support for, or
directly assisted, the military coup of September 30, 1991,
which overthrew the democratically-elected Haitian Government
of President Jean-Bertrand Aristide;
(C) provided financial or other material support for, or
directly participated in, terrorist acts against the Haitian
people during any period after such coup; or
(D) contributed to the obstruction of United Nations
resolutions 841 and 843, the Governors Island Agreement, or the
activities of the United Nations Mission in Haiti.
(c) Period of Exclusion.--The period of exclusion specified in
subsection (a) begins on the date of the enactment of this Act and ends
on the date on which the President certifies to the Congress that the
democratically-elected President of Haiti has been reinstated and
Haiti's military high command has met its obligations under the
Governors Island Agreement. | Governors Island Reinforcement Act of 1994 - Sets forth trade, assistance, and air transport sanctions against Haiti, and against other nations not cooperating with U.S. or international sanctions. Terminates such sanctions upon the reinstatement of the democratically elected President of Haiti and the military's meeting its obligation under the Governors Island Agreement.
States congressional support for: (1) the return of human rights observers to Haiti; (2) the creation of a multinational border patrol between Haiti and the Dominican Republic; and (3) socioeconomic and peacekeeping assistance to Haiti.
Directs the President to terminate the bilateral migrant interdiction agreement with Haiti.
Provides for the nonrefoulement of Haitians by the United States.
Grants temporary protected status under the Immigration and Nationality Act to qualifying Haitians.
Excludes from U.S. admission, and blocks U.S. assets of, certain Haitians connected with the military or related activities. | {"src": "billsum_train", "title": "Governors Island Reinforcement Act of 1994"} | 2,838 | 197 | 0.595228 | 1.681827 | 0.755773 | 2.458333 | 15.255952 | 0.886905 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Methyl bromide is a broad spectrum pesticide which
protects plants and agricultural products from a wide range of
insects, rodents, viruses, fungi, weeds, and nematodes.
(2) American farmers depend on methyl bromide to grow,
store, ship, process, and trade over 100 different crops.
(3) The agricultural community has no safe, effective,
commercially available alternatives to methyl bromide. Some
nonchemical pest control alternatives have proven effective in
small scale tests but are largely untested, much less proven,
for commercial food production purposes. The Environmental
Protection Agency's Office of Prevention, Pesticides, and Toxic
Substances reports that few substitutes exist, all of which
pose potential human health and environmental risks.
(4) In 1992, the Montreal Protocol on Substances Depleting
the Ozone Layer was amended to include methyl bromide.
(5) According to the 1992 Science Assessment Report to the
Montreal Protocol, agricultural use of methyl bromide accounts
for less than 3 percent of the threat to the ozone layer, and a
similar report issued in 1994 notes that the Earth's ozone
layer will return to normal by the middle of the next century
even if methyl bromide remains available to farmers.
(6) In 1993, despite the importance of methyl bromide, the
lack of alternatives, and many scientific uncertainties, the
Environmental Protection Agency, citing the Montreal Protocol,
listed methyl bromide as an ozone depleting chemical under the
provisions of the Clean Air Act and ordered United States
production frozen at 1991 levels and an end to production by
January 1, 2001.
(7) Given current alternatives, analysis at the University
of Florida predicts a 43 percent decline in affected vegetable
acreage in Florida. A 1993 United States Department of
Agriculture study finds that the ban will cost as much as
$1,500,000,000 in Florida, Georgia, California, North Carolina,
and South Carolina, the 5 States where methyl bromide is most
utilized.
SEC. 2. CONTROL OF METHYL BROMIDE.
(a) Definitions.--For purposes of this section:
(1) The term ``use as a pesticide'' includes farming and
post-harvest uses.
(2) The term ``pesticide'' has the same meaning as when
used in the Federal Insecticide, Fungicide, and Rodenticide
Act.
(3) The term ``control'' means, with respect to any
substance, any ban, phase-out, or other restriction on the
production, importation, export, consumption, or use of the
substance.
(4) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(b) Restrictions on EPA Authority.--Except as provided in
subsection (c) or (d), the Administrator may not--
(1) control the production, importation, or export of the
substance methyl bromide pursuant to title VI of the Clean Air
Act (42 U.S.C. section 7671-7671q) for consumption or use as a
pesticide;
(2) control the consumption or use of methyl bromide as a
pesticide; or
(3) require the labelling of any agricultural product
treated with methyl bromide.
(c) Existence of Substitutes or Alternatives.--The Administrator
may take any action described in paragraph (1), (2), or (3) of
subsection (b), or any combination of such actions, if the Secretary of
Agriculture has certified by rule that there exist viable, cost-
effective substitutes or other alternatives to the consumption or use
of methyl bromide as a pesticide for specified agricultural commodities
and products. If the Secretary has made a certification under this
paragraph, a control permitted pursuant to such certification shall
apply only with respect to those specified applications and to those
specified commodities and products for which the certification is made.
(d) Montreal Protocol.--The Administrator may take any action
described in paragraph (1), (2), or (3) of subsection (b), or any
combination of such actions, if the United States is required by the
Montreal Protocol to implement a control on the production,
importation, or export of methyl bromide for consumption or use as a
pesticide or a control on the consumption or use of methyl bromide as a
pesticide. The applicability, contents and timing of any such control--
(1) shall be no more stringent or restrictive than
specifically required by the Montreal Protocol,
(2) shall be equally required of all parties to the
Montreal Protocol; and
(3) shall include all exemptions, exceptions, and other
flexibility (including exemptions for production, importation,
export, and consumption, for both preshipment and quarantine
uses) allowed by the Montreal Protocol.
(e) Inconsistent EPA Actions.--All rules, standards and other
regulatory actions promulgated, published, or otherwise issued by the
Administrator of the Environmental Protection Agency before the date of
enactment of this Act are repealed to the extent they impose a control
which is not specifically required by the Montreal Protocol.
(f) Savings Clause.--Nothing in this Act shall be construed to
affect the provisions of 40 C.F.R. Sec. Sec. 82.9, 82.10, 82.11, and
82.12 (relating to Article 5 parties and transfers), or any other
regulatory provisions granting exemptions, exceptions, or other
flexibility not prohibited by the Montreal Protocol. | Prohibits the Administrator of the Environmental Protection Agency from controlling the consumption, production, importation, or export of methyl bromide for pesticide use, except: (1) as required by the Montreal Protocol of all parties; or (2) upon a Department of Agriculture certification of appropriate alternatives or substitutes. | {"src": "billsum_train", "title": "To make a regulatory correction concerning methyl bromide to meet the obligations of the Montreal Protocol without placing the farmers of the United States at a competitive disadvantage versus foreign growers."} | 1,200 | 64 | 0.58488 | 1.669572 | 0.707999 | 2.793103 | 18.810345 | 0.896552 |
TITLE I--TELEMARKETING FRAUD AND SENIORS PROTECTION ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Telemarketing Fraud and Seniors
Protection Act''.
SEC. 102. FINDINGS.
Congress makes the following findings:
(1) Telemarketing fraud costs consumers nearly
$40,000,000,000 each year.
(2) Senior citizens are often the target of telemarketing
fraud.
(3) Fraudulent telemarketers compile into so-called ``mooch
lists'' the names of consumers who are potentially vulnerable
to telemarketing fraud.
(4) According to the American Association of Retired
Persons, 56 percent of the names on such ``mooch lists'' are
individuals age 50 or older.
(5) The Department of Justice has undertaken successful
investigations and prosecutions of telemarketing fraud through
various operations, including ``Operation Disconnect'',
``Operation Senior Sentinel'', and ``Operation Upload''.
(6) The Federal Bureau of Investigation has helped provide
resources to assist organizations such as the American
Association of Retired Persons to operate outreach programs
designed to warn senior citizens whose names appear on
confiscated ``mooch lists''.
(7) The Administration on Aging was formed, in part, to
provide senior citizens with the resources, information, and
assistance their special circumstances require.
(8) The Administration on Aging has a system in place to
inform senior citizens of the dangers of telemarketing fraud.
(9) Senior citizens need to be warned of the dangers of
telemarketing fraud before they become victims of such fraud.
SEC. 103. PURPOSE.
It is the purpose of this title to protect senior citizens, through
education and outreach, from the dangers of telemarketing fraud and
fraud over the Internet and to facilitate the investigation and
prosecution of fraudulent telemarketers.
SEC. 104. DISSEMINATION OF INFORMATION.
(a) In General.--The Secretary of Health and Human Services, acting
through the Assistant Secretary of Health and Human Services for Aging,
shall publicly disseminate in each State information designed to
educate senior citizens and raise awareness about the dangers of
telemarketing fraud and fraud over the Internet.
(b) Information.--In carrying out subsection (a), the Secretary
shall--
(1) inform senior citizens of the prevalence of
telemarketing fraud targeted against them;
(2) inform senior citizens how telemarketing fraud works;
(3) inform senior citizens how to identify telemarketing
fraud;
(4) inform senior citizens how to protect themselves
against telemarketing fraud, including an explanation of the
dangers of providing bank account, credit card, or other
financial or personal information over the telephone to
unsolicited callers;
(5) inform senior citizens how to report suspected attempts
at telemarketing fraud;
(6) inform senior citizens of their consumer protection
rights under Federal law; and
(7) provide such other information as the Secretary
considers necessary to protect senior citizens against
fraudulent telemarketing.
(c) Means of Dissemination.--The Secretary shall determine the
means to disseminate information under this section. In making such
determination, the Secretary shall consider--
(1) public service announcements;
(2) a printed manual or pamphlet;
(3) an Internet website; and
(4) telephone outreach to individuals whose names appear on
so-called ``mooch lists'' confiscated from fraudulent
telemarketers.
(d) Priority.--In disseminating information under this section, the
Secretary shall give priority to areas with high concentrations of
senior citizens.
SEC. 105. AUTHORITY TO ACCEPT GIFTS.
The Secretary of Health and Human Services may accept, use, and
dispose of unconditional gifts, bequests, or devises of services or
property, both real and personal, in order to carry out this title.
SEC. 106. DEFINITION.
For purposes of this title, the term ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, American Samoa, and the Commonwealth of the Northern Mariana
Islands.
TITLE II--TELEMARKETING FRAUD OVER THE INTERNET
SEC. 201. EXTENSION OF CRIMINAL FRAUD STATUTE TO INTERNET.
(a) Extension.--Section 1343 of title 18, United States Code, is
amended by--
(1) by inserting ``(a)'' before ``Whoever'';
(2) in subsection (a), as so designated, by striking ``or
television communication'' and inserting ``television, or
Internet communication''; and
(3) by adding at the end thereof the following:
``(b) For purposes of this section, the term `Internet' means
collectively the myriad of computer and telecommunications facilities,
including equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any predecessor or
successor protocols to such protocol, to communicate information of all
kinds by wire or radio.''.
(b) Conforming and Clerical Amendments.--(1) The section heading of
such section is amended to read as follows:
``Sec. 1343. Fraud by wire, radio, television, or Internet''.
(2) The table of sections at the beginning of chapter 63 of that
title is amended by striking the item relating to section 1343 and
inserting the following new item:
``1343. Fraud by wire, radio, television, or Internet.''.
SEC. 202. FEDERAL TRADE COMMISSION SANCTIONS.
(a) Rulemaking to Apply Sanctions.--The Federal Trade Commission
shall initiate a rulemaking proceeding to set forth the application of
section 5 of the Federal Trade Commission Act (15 U.S.C. 45), and other
statutory provisions within its jurisdiction, to deceptive acts or
practices in or affecting the commerce of the United States in
connection with the promotion, advertisement, offering for sale, or
sale of goods or services through use of the Internet, including the
initiation, transmission, and receipt of unsolicited commercial
electronic mail.
(b) Internet Defined.--In this section, the term ``Internet'' means
collectively the myriad of computer and telecommunications facilities,
including equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any predecessor or
successor protocols to such protocol, to communicate information of all
kinds by wire or radio. | TABLE OF CONTENTS:
Title I: Telemarketing Fraud and Seniors Protection Act
Title II: Telemarketing Fraud Over the Internet
Title I: Telemarketing Fraud and Seniors Protection Act
- Telemarketing Fraud and Seniors Protection Act - Directs the Secretary of Health and Human Services, acting through the Assistant Secretary for Aging, to publicly disseminate by specified means in each State certain information designed to educate senior citizens and raise awareness about the dangers of telemarketing fraud and fraud over the Internet.
Title II: Telemarketing Fraud Over the Internet
- Amends the Federal criminal code to include within its criminal fraud protections transmissions made over the Internet. Directs the Federal Trade Commission to initiate a rulemaking proceeding to set forth the application of the Federal Trade Commission Act to deceptive acts or practices in U.S. commerce in connection with the promotion, advertisement, sale offer, or sale of goods or services through the use of the Internet, including the initiation, transmission, and receipt of unsolicited commercial electronic mail. | {"src": "billsum_train", "title": "Telemarketing Fraud and Seniors Protection Act"} | 1,443 | 224 | 0.642319 | 1.868004 | 0.945558 | 4.60733 | 6.769634 | 0.890052 |
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